Terms and Conditions for the Babson College 2017 "#BabsonSpirit" Challenge
Babson College (the "Sponsor") is seeking to promote interest and engagement in the Babson Connector and ShopBabson.com (the "Website") among its alumni. College alumni are encouraged to participate in the 2017 #BabsonSpirit Challenge by logging in to the Babson Connector and posting "#BabsonSpirit" with an "@mention" of at least two classmates or fellow alumni (the "Challenge").
1. ACCEPTANCE OF TERMS: These are the official terms and conditions (the "Official Terms and Conditions") of the Challenge. You should read and understand these Terms and Conditions before submitting an Entry (as defined below) to the Challenge. By submitting an entry to the Challenge, you represent and warrant that you understand and agree to be bound by these Official Terms and Conditions.
2. SUBMITTING AN ENTRY TO THE CHALLENGE:
a. How to submit an entry to the Challenge: Undergraduate or graduate alumni of Babson College must log into the Babson Connector and post "#BabsonSpirit" with an "@mention" of at least two Babson students, alumni, staff, or parents of current students. Each such posting shall constitute an entry ("Entry") to the Babson College #BabsonSpirit Challenge. No purchase is necessary to enter.
3. REPRESENTATIONS AND WARRANTIES: You represent and warrant that the Entry does not and shall not contain any material that, in Sponsor's sole discretion: (i) falsely states or otherwise misrepresents your affiliation with a person or entity, without such person or entity's prior written consent; (ii) is false, deceptive, misleading, scandalous, indecent, obscene, pornographic, unlawful, defamatory, libelous, fraudulent, tortious, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes, or graphic violence; (iii) encourages conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate; (iv) constitutes a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, the Site or any hardware, software, or equipment; (v) constitutes any advertising or other form of solicitation; or (vi) constitutes any material, non-public information about the Sponsor. Any Entry that would violate any law or regulation or these Official Terms and Conditions will not be considered. Sponsor retains sole discretion as to what constitutes unsuitable content, and to disqualify (at any time) you from participation in the Challenge. An Entry that is submitted in violation of these Official Terms and Conditions, or that is incomplete, illegible, corrupted, or damaged, will be discarded and deemed to be VOID.
4. ENTRANTS RIGHTS TO SUBMISSION: By submitting your Entry, you represent and warrant that (i) all information that you provide, including without limitation the content of the Entry and any registration information, is and will remain true, accurate, and complete; (ii) you have the legal right and authority to enter into, and understand, these Official Terms and Conditions with Sponsor; (iii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under the Entry and to grant Sponsor the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in the Entry, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant Sponsor the rights and licenses set forth herein, and you will provide such clearances to Sponsors promptly upon request; (iv) the Entry (including any audio or video portions thereof), and the use thereof by Sponsor and Sponsor's designees, do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) the Entry is not confidential and does not contain any confidential information; and (vi) in creating and submitting the Entry, you (A) have complied and will comply in all respects with all applicable laws, rules, and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). Sponsor reserves the right at any time in its sole discretion (but has no obligation) to verify that all necessary rights, clearances, consents, releases, and/or permissions in or relating to the Entry have been obtained. Sponsors reserves the right to disqualify you from the Challenge, and to refuse or reject the Entry, if Sponsor determines at any time, in its sole discretion, that all necessary rights, clearances, consents, releases, and/or permissions have not been obtained by you. You agree to cooperate with Sponsor in any verification or inquiries related to the foregoing
5. SPONSOR'S RIGHTS TO USE SUBMITTED ENTRIES AND ENTRANTS' NAMES: All submitted Entries become the intellectual property of Sponsor. Without limiting the foregoing, by submitting an Entry, you shall be deemed to have transferred and assigned to Sponsor, it successors and assigns, absolutely and forever, all right title and interest (including copyrights and other intellectual property rights) in and to their entries, including the right to edit, modify and prepare derivative works based upon the Entry, and to display, reproduce, transmit and deliver the Entry in and by any and all media now in existence or hereafter discovered or devised throughout all the works in perpetuity. You agree to execute any and all documents requested by Sponsor to effectuate its rights described in this paragraph. You hereby irrevocably and unconditionally waive any and all moral rights or any rights of similar nature under any law in any jurisdiction in and to any and all elements of the Entry. You further acknowledge that Sponsor is under no obligation to return, post, display or otherwise use your submitted Entry. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, its affiliates, trustees, agents, licensees, award providers or any other person, on the grounds that any use of the Entry, or any derivative work from such Entry infringe any of your rights as creator of the Entry, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral." Nothing herein shall create or constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsors in any respect, or will you have the power or authority to bind Sponsor in any way. Except as otherwise prohibited by law, you grant permission to Sponsor to use Entrant's name and/or company name and city/state of residence in connection with any use of the Entry in any and all media, worldwide in perpetuity without further compensation or consent, including but not limited to possible television, radio or internet interviews. By entering, you acknowledge that Entry may be available to the public and that no privacy to ideas submitted is guaranteed. You further agree that you may be contacted by, or receive email notices from the Sponsor, Babson College. You may opt out of the list for the Challenge by sending an e-mail to email@example.com.
6. ADDITIONAL FORMS: In order to participate in the Challenge, you may be required to sign consent forms and/or releases in connection with your Entry. You agree that upon Sponsor's request, you will promptly comply with the foregoing.
7. WINNERS AND AWARDS:
a. SELECTING THE WINNERS FOR THE PRIZE: The Sponsor will randomly select a single winning Entry (the "Winner") from among all eligible Entries submitted by undergraduate or graduate alumni of Babson College. Alumni may enter multiple times, but will only be considered once for selection. The Winner will be notified on or about November 17, 2017. Without limiting Section 4 above, Sponsor may, in its sole discretion, contact the Winner and require the Winner, in order to continue to participate in the Challenge, to sign consent forms and/or releases in connection with such individual's Entry and with the production of marketing and other materials by the Sponsor or its designated agent. In the event that after a reasonable number of attempts contact with the Winner has not been made, or if any notification is returned as undeliverable, or if the Winner is unwilling or unable to comply with this Section 7, elects to end his or her participation in the Challenge, is unable to participate further in the Challenge for any reason, or is, in Sponsor's discretion, deemed to be ineligible to participate further in the Challenge for any reason, Sponsor reserves the right in its sole discretion to replace the Winner with an alternate winner (the "Alternate Winner"); provided that such Alternate Winner will be subject to the terms and conditions of this Section 7. After the Winner has been finally determined by Sponsor to be eligible to continue to participate in the Challenge, the Winner will be given the award as set forth in Section 7(b) below.
b. PRIZE. The Winner will receive a $200 credit to be used on ShopBabson.com (the "Prize").
8. LIMITATIONS OF LIABILITY: By entering this Challenge, you represent and warrant that you are not prohibited from participating in this Challenge by any applicable law, statute, regulation, or authority. No responsibility or liability is assumed by Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Site or e-mail address to which Entries can be sent: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled, faulty, incomplete or illegible data transmissions; failure of any e-mail transmissions to be sent to or received; difficulties in opening email attachments; lost, late, delayed or intercepted e-mail transmissions; incorrect or inaccurate capture of Entries or other information; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; or unauthorized human or nonhuman intervention of the operation of the Site, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Site. Sponsors also is not responsible for any lost, late, incomplete, illegible, damaged or misdirected Entry submitted or any delay, loss or damage by communication systems. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or similar methods of participation will void all such entries by such methods. Sponsor is not responsible for any typographical or other errors in the offering or announcement of prizes, in these Official Terms and Conditions, or in the administration of the Challenge, or any inaccurate or incorrect data contained on the Site, or any personal injury or property damage or losses of any kind which may be sustained by you or any other person's computer equipment resulting from participation in the Challenge, or use of or download of any information from the Site. Use of Site is at your own risk. WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE CHALLENGE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND BY SPONSORS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF USABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. IN NO EVENT WILL THE SPONSOR ENTITIES (AS DEFINED BELOW) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE CHALLENGE, EVEN IF THE SPONSOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SPONSOR ENTITIES' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE CHALLENGE OR THESE OFFICIAL RULES AND NOMINATION AGREEMENT (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED YOUR COSTS (IF ANY) OF ENTERING THE CHALLENGE.
9. RELEASE AND INDEMNIFICATION: BY ENTERING THE CHALLENGE, YOU RELEASE AND HOLD BABSON COLLEGE, ITS TRUSTEES, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS (COLLECTIVELY, THE "SPONSOR ENTITIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: (A) YOUR PARTICIPATION IN THE CHALLENGE OR ANY CHALLENGE-RELATED ACTIVITY; (B) ANY BREACH BY YOU OF ANY COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THESE OFFICIAL TERMS AND CONDITIONS; (C) ANY CLAIM BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; (D) ANY CLAIM THAT YOUR ENTRY OR THE USE THEREOF BY ONE OR MORE OF THE CHALLENGE ENTITIES INFRINGES UPON OR VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY OR CAUSED ANY DAMAGE TO A THIRD PARTY (INCLUDING WITHOUT LIMITATION PAST, PRESENT OR FUTURE INFRINGEMENT, MISAPPROPRIATION, LIBEL, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY OR VIOLATION OF ANY RIGHTS RELATED TO THE FOREGOING); OR (E) ANY ASPECT OF YOUR TRANSPORTATION RELATING TO THE EVENT (INCLUDING WITHOUT LIMITATION DELAY, LOSS, OR INJURY TO PERSON OR PROPERTY).
10. MODIFICATION: Sponsor reserves the right, at its sole discretion, to modify, postpone, clarify, delay, suspend and/or terminate this Challenge in whole or in part in the event that the Challenge is not capable of running as planned or as intended by these Official Terms and Conditions by reason of any technical, disabling, human or other causes or events that, in the sole discretion of Sponsor, impair, corrupt or interrupt the administration, fairness, security or integrity or proper conduct of the Challenge, including without limitation, fire, flood, natural disaster, explosion, labor dispute or strike, act of God or public enemy, terrorist threat or activity or insurrection. In such event, Sponsor may, in its sole discretion: (a) postpone and/or reschedule and/or modify the Challenge, or (b) terminate the Challenge in its entirety. In the event of termination, a notice to such effect will be posted online. Sponsor reserves the right to terminate this Challenge or to modify any rules as necessary for any reason or as required by applicable law.
11. CONDITIONS OF PARTICIPATION: You agree to be bound by these Official Terms and Conditions and the decisions of Sponsor whose decisions in all aspects of this Challenge shall be final and binding. Sponsor may, at its sole discretion, disqualify you from participating in any aspect of the Challenge, if Sponsor deems or suspects that you have engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions, or any terms and conditions relating to use of or access to the Site; or (b) submitting an Entry that you do not have the right to submit (or which is otherwise deemed by Sponsor to be unauthorized in whole or in part); (c) damaging, tampering with or corrupting the operation of the Challenge; or (d) acting with intent to annoy, harass or abuse any other person; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor and its agents to be generally inconsistent with the intended operation of the Challenge. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
12. The Challenge will be governed, construed and interpreted under the laws of the Commonwealth of Massachusetts.
13. PROVISIONS THAT SHALL SURVIVE SUBMISSION: Sections, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of these Official Terms and Conditions shall survive any expiration or termination of the Challenge.