Food System Vision Prize Terms and Conditions, clarified as of May 1 2020
By submitting an application, I agree to the submission terms.
I am fluent in English, and, on behalf of the submitting entity, have read, understand and am authorized to fully agree, and do fully and unconditionally agree to be bound by the Food System Vision Prize Terms and Conditions.
NO FEE, DONATION OR PURCHASE IS REQUIRED TO ENTER OR WIN
The following clarified terms and conditions govern participation in the Food System Vision Prize, and are in addition to the OpenIDEO terms available at https://challenges.openideo.com/terms, which govern the use of the OpenIDEO site. If there is a direct conflict between these Food Systems Vision Prize Terms and Conditions (“Prize Terms and Conditions”) and any terms and conditions applicable to the OpenIDEO site or platform, the Prize Terms and Conditions as originally set forth and as clarified control.
Participation and/or entry in the Food System Vision Prize (“Program” or “Prize”) constitutes each entrant’s representation and warranty that it fully and unconditionally agrees to be bound by, and is in full compliance with, the Prize Terms and Conditions. If an entrant cannot agree to be bound by, and to represent and warrant, full compliance with, the Prize Terms and Conditions, the entrant is not eligible for the Program.
Each entrant bears sole responsibility for confirming that it can participate fully in the Program, including the receipt of any Prize, under the laws of the jurisdiction(s) under which the entrant is organized and resides. Any entry received from an entrant organized or residing in a country where the Program is not legal in all regards shall not be eligible to enter or win the Prize.
The Program is void where prohibited by law
Please direct any questions or communications about the Prize Terms and Conditions or the Program to email@example.com. During the duration of the Program, there may be clarifications issued applicable to the Prize Terms and Conditions. To be notified of any clarifications in a timely manner "follow" the Program via the Program site on OpenIDEO.com.
The Rockefeller Foundation, the Sponsor of the Program, is a private foundation located in New York, New York that advances ideas to improve the well-being of humanity around the world. IDEO LP and SecondMuse LLC are administrators/organizers of the Program. The Sponsor and the administrators/organizers collectively shall be referred to in these Prize Terms and Conditions as “Program Entities.”
The Program is an invitation to develop a Vision of the food system believed to be achievable by 2050 that effectively addresses scientific, technological and environmental trends, growing resource demands, and regional characteristics.
The Program is open to legally registered and organized entities, including organizations, universities, governments, NGOs, cooperatives, partnerships and companies that agree to be, and can be legally bound by these Prize Terms and Conditions.
Existing or recent agents, affiliates and representatives of the Program Entities and any organization, university, government, NGO, cooperative, partnership or company, whose laws, guidelines, policies or regulations do not allow for entry in the Program or acceptance of the Prize consistent with the Prize Terms and Conditions, are not eligible for entry. Further, any limited liability partnership or limited liability company consisting of, or formed solely for the benefit of, a single individual is not eligible for entry. Individuals cannot enter the Program.
Food System Vision Prize “Strategic Network Partners” are also not eligible for entry.
Entrants that Sponsor believes in its sole discretion will not or cannot fully represent Sponsor’s charitable mission and/or its core values are not eligible for entry.
Further, the Program expressly excludes entrants from any country, and entities or persons, appearing on the list provided by the United States Treasury Department, Office of Foreign Asset Control (“OFAC”), whether, currently listed there, or subsequently listed at any time during the Program’s duration.
At each phase of the Program, Program Entities reserve the right in their full discretion to verify the eligibility of any entrant, potential semi-finalist, potential Finalist or winner (“Top Visionary”) and its compliance in full with these Prize Terms and Conditions. At all times, the decision of any of the Program Entities as to eligibility shall be final and binding.
While diverse groups may voluntarily decide to collaborate on and submit an entry, entries must be made in the name of a single, legally registered and organized entity, including any organization, university, government, NGO, cooperative, partnership or company (“Legally Registered Entity”) meeting any and all eligibility requirements. The Legally Registered Entity submitting the entry will be the sole prize recipient if qualified as a Top Visionary.
Each entry must designate one individual, who is legally authorized to bind the Legally Registered Entity in connection with, and for purposes of, any aspect of this Program. This individual at the time of entry must be over the age of majority in the relevant jurisdiction(s) in which the Legally Registered Entity is organized and legally resides, and where the individual legally resides. All communications with the Program Entities must be through the designated, authorized individual of the Legally Registered Entity. During the duration of the Program, each Legally Registered Entity is solely responsible for maintaining the accuracy of all contact information for the Legally Registered Entity and the authorized individual it designates, and any other contact information provided to or for the Program.
Program Entities will not be responsible for communications sent to out-of-date or inaccurate contact information. Further, Program Entities will not be responsible for, and have no role in determining how work is accomplished for the Program and Submission Materials among those that have decided to collaborate on an entry or within the Legally Registered Entity, and/or how the Prize is to be shared where more than one entity may be involved. The Program Entities will only communicate with the Legally Registered Entity through its designated individual.
Any levies, taxes and fees associated with any Prize award are the sole responsibility of the Legally Registered Entity. Further, the Legally Registered Entity is responsible for providing, as applicable, a United States taxpayer identification number and any other tax documentation requested before an award will be made. If the laws of any jurisdiction other than the United States govern the Legally Registered Entity, the Legally Registered Entity agrees that it is solely responsible for any reporting obligations for, and for the payment of, any levies, taxes and fees to any governmental authorities or jurisdiction arising from or in connection with the Program. Any such Legally Registered Entity shall provide any supporting documentation requested to the Program Entities confirming this obligation before any Prize can be awarded.
At the time of entry and throughout the duration of the Program, any materials for the Program will need to be entered through a single Legally Registered Entity that meets and is bound by the Prize Terms and Conditions, is able to legally accept the Prize, including but not limited to providing and completing fully any applicable documentation for the Prize, is responsible for paying and pay any and all applicable levies, taxes or fees on the Prize to any appropriate governmental authorities, and is the sole and exclusive owner of the intellectual property and ideas in any and all materials submitted for the Program. As part of its entry and before a Prize can be awarded, the Legally Registered Entity may be requested to provide proof of its status as a Legally Registered Entity in the country where the entity is organized and resides.
Further, as more fully set forth in these Prize Terms and Conditions, before a Prize can be awarded, Program Entities may request the Legally Registered Entity to execute through the Legally Registered Entity’s authorized individual a Declaration of Eligibility, Publicity Release and Copyright License, and any other documents needed to satisfy these Prize Terms and Conditions.
Submissions, including the application and all other communications, materials and activities relating to or arising from the Program (“Submission Materials”) are voluntary. No one will be entitled to compensation of any type for participation or preparation of any Submission Materials, nor will the Legally Registered Entity or the authorized representative of the Legally Registered Entity be considered an employee, agent, representative, independent contractor, or consultant of any of the Program Entities.
By posting Submission Materials through the OpenIDEO platform on the Program website, the Legally Registered Entity represents and warrants that the Submission Materials are original, not copied in whole or in part, and exclusively owned and gratuitously provided without any restriction or limitation on use, do not contain any intellectual property of others, can be posted publicly so that others can access, in full or in part, and that the Submission Materials are subject to a non-exclusive, royalty-free, perpetual, irrevocable, right and license worldwide to reproduce, publish, translate, sublicense, copy, modify, delete, enhance, distribute and otherwise use the Submission Materials in any way in connection with the Program, the objectives of Sponsor or otherwise as part of an open, creative commons license (for more information, please see https://creativecommons.org/licenses/by-nc/4.0/), hereafter “Creative Commons License.” Submission Materials will not be returned, and can be made public by the Program Entities.
In connection with providing Submission Materials, the Legally Registered Entity represents and warrants that nothing submitted requires or is subject to any duty of confidentiality, attribution, or any compensation obligation, and each Legally Registered Entity agrees to indemnify, defend, and otherwise hold the Program Entities harmless, including for attorneys’ fees, if any claims are made, including any claims of any third party rights in the Submission Materials or if the Submission Materials otherwise violate any law, policy, or any other limitation on use.
Program Entities, in their sole discretion, will not consider and will remove from the Program platform and website Submission Materials that contain, include or reference:
- Threatening, slanderous, disparaging, or obscene language;
- Personal attacks;
- Discriminatory language (including hate speech) based on race, national origin, age, gender, sexual orientation, religion, or disability;
- Sexually explicit material;
- Any content that would violate any law, statute, ordinance, rule, or regulation, or any agreement with another person or entity;
- Material that directly or indirectly promotes commercial services or products;
- Proprietary, confidential, or trade secret information;
- Software viruses, Trojan horses, worms, time bombs, bots, or any other computer code or files that are designed to disrupt damage, impact, or limit the functioning of any software or hardware;
- Falsification or misrepresentation of data;
- Material that violates any privacy or publicity right of any person or entity; and/or
- Material that is the intellectual property of another person or entity, in whole or in part, or that may violate the intellectual property rights of third parties, in whole or in part, whether copyright, trademark, or patent.
All Submission Materials and communications shall be in English and directly address the Program challenge statement, as described at challenges.openideo.com/challenge/food-system-vision-prize/ to be eligible. All application fields that are marked as “*required” need to be fully completed for eligibility. If these requirements are not met, the Submission Materials will not be posted or can be removed from posting by any of the Program Entities in their sole discretion.
Legally Registered Entities may submit multiple, different, submissions meeting the Prize Terms and Conditions, but are eligible to receive only one (1) Prize award in each applicable phase of the Program.
Legally Registered Entities also may join together, exchange ideas, and collaborate via the OpenIDEO website, with other Legally Registered Entities, but are not obligated to do so. Only a single Legally Registered Entity can apply and Submit Materials to the Program.
PROGRAM TIMELINE AND REQUIREMENTS
- Open Submission Phase: Opens on October 29, 2019 and ends on January 31, 2020 at 5:00 PM Eastern Standard Time. CLOSED
- Completion in full of application and uploading of a Vision that (a) takes a systems approach and shows interconnectedness among the six (6) Themes, (b) offers actionable solutions to transform the food system, (c) is connected to the needs and experiences of stakeholders within the region, and (d) has inspirational power to rally and unite people around it.
- Requirements: Participants are required to create complete profiles on the OpenIDEO website, build teams, whether external or internal, provide documentation as to the current status of the organization in the country under which the Legally Registered Entity is formed and resides, and background and/or biographical information for the Legally Registered Entity and key team members, respond fully to the application prompts, and submit a Vision statement addressing the Program criteria.
- Evaluation of Submission Phase: February 3, 2020 - March 1, 2020 CLOSED
- Evaluation by judging panels convened by the Program Entities for the evaluation of the Submission Phase to select potential Semi-finalists to progress to the Refinement Phase. Semi-finalists who are evaluated and designated to proceed to the Refinement Phase shall be notified on or about March 2, 2020. Subsequently, potential Semi-finalists will be identified on the Program website.
- Refinement Phase: March 2, 2020 -May 29, 2020; submissions due at 5:00 p.m. Eastern Daylight Savings Time
- The Program Entities will provide additional resources to the Semi-finalists to allow for deeper development of their Visions.
- Semi-finalists will be required to (a) further develop and update their Vision statements, (b) respond to new application prompts on the platform, and (c) include feasibility and data considerations in a further submission.
- The additional evaluation criteria include (a) how the Vision will positively shift and transform the food system in a chosen community and (b) how the Vision is community informed in addressing all of the challenges to a game-changing Vision and (c) whether the Vision includes concrete and actionable solutions believed to be attainable by 2050.
- Evaluation of Refinement Phase: Begins June 1, 2020 - July 31, 2020; submissions due at 5:00 p.m. Eastern Daylight Savings Time
- Evaluation of the submissions by judging panel appointed by the Program Entities to select ten (10) Finalists, who are eligible and can elect to participate in the Virtual Accelerator Phase for the Top Visionary award
- Finalist Announcement: August 3 through 7, 2020. Subsequently, ten (10) Finalists will be identified on the Program website.
- Virtual Accelerator Phase: September 1, 2020 - December 11, 2020
- The Virtual Accelerator is an intensive 15-week experience that provides Finalists with mentorship and cohort-based learning to further enhance each submission, its feasibility and implementation and to prepare Finalists teams for the global stage. Each Finalist who elects to participate in the Virtual Accelerator will be assigned and work with a Program Guide to assist them with completing a needs assessment, build a 3-year Action Plan, craft a presentation and hone their storytelling capabilities, and provide a connection to an array of mentors.
- Each month, it is expected that each Finalist who elects to participate in the Accelerator will spend 10-12 hours on virtual Accelerator calls with assigned mentors and participating in group webinars and other activities in addition to work as a team estimated to take an additional 8-10 hours monthly.
- Supported by these activities provided during the Virtual Accelerator phase, Finalists electing to participate in the Virtual Accelerator will be required to supplement their Visions to reflect learnings from participation in the Virtual Accelerator, including a refined needs assessment, a 3-year Action Plan, and a pitch before the end date for the Virtual Accelerator Phase. If no supplement to the Vision is submitted and/or there has not been full participation in the Virtual Accelerator Phase, the Finalist may be disqualified by the Program Entities
• Last Day for Finalists to Submit Final Visions: December 11, 2020 at 5:00 pm EST. By this time all final materials will be required to be submitted by each Finalist electing to participate in the Virtual Accelerator to the Program Entities. Subsequently in 2020, an award of $50,000 USD will be made to each Finalist satisfactorily completing the Virtual Accelerator consistent with the requirements of the Program Entities and subject to these Terms and Conditions.
Top Visionaries Announcement: On or about December 14, 2020. Each Finalist completing the requirements of the Virtual Accelerator and these Terms and conditions will be named a Top Visionary. Top Visionaries will be identified subsequently on the Program website.
Program Entities plan on holding an in-person workshop for Top Visionaries to attend. Currently the date for the in-person event has not been set. The date will be announced once travel restrictions have been lifted and the Program Entities are able to hold an in-person event safely in their sole discretion.
The in-person event will be an elective week of enriching activities to occur in 2021 to benefit Top Visionaries. This in-person event, likely to be held at The Rockefeller Foundation’s Bellagio property on Lake Como in Italy, will be optional, and will occur after the Vision Prize competition has formally concluded and the Vision Prize monies have been awarded to Finalist teams and Top Visionary teams. Nevertheless, we heartily encourage and hope that all Top Visionary teams will be represented at the in-person event. At this convening, The Rockefeller Foundation envisions an incredible opportunity to advance each team’s storytelling and to partner each team with a media group to digitize the team’s story, learn from the other Top Visionary team representatives, and network with the Food System Vision Prize Mentors, Guides and Team representatives. More details will be forthcoming once a date can be determined for this in-person, optional workshop.
HOW TO ENTER
- Read in full these Prize Terms and Conditions and agree to adhere to and be fully bound by these Prize Terms and Conditions, create an online profile for a qualifying Legally Recognized Entity on challenges.openideo.com/challenge/food-system-vision-prize/, complete the application, and post Submission Materials through the Legally Recognized Entity. This process can be started at any time after registration opens and before the Submission Phase ends.
- If more than one entity is part of a submission, then a lead entity for the submission must be identified, and will be the entity that creates an online profile and enters the Program, provides all Submission Materials that are part of the Program and receives any Prize award. The lead Legally Recognized Entity is solely responsible for any representations, warranties and actions taken, and must take any appropriate action to bind any other participating entity that Legally Recognized Entity is working with, to the Prize Terms and Conditions.
- A lead entity may only qualify to be a Top Visionary if the entity is eligible under the laws of the country under which it is organized and resides to participate in the Program and to receive the Prize award, and be legally responsible for any levies, fees or tax liability in any and all applicable jurisdictions. The lead Legally Recognized Entity also must exclusively own any intellectual property in the Submission Materials and any intellectual property resulting from participation in all aspects of the Program, including but not limited to the Accelerator and Accelerator Workshop.
- The Legally Recognized Entity must designate an authorized person who is over the age of majority in the relevant jurisdictions and who is fluent in English, who will be responsible for all communications and has the authority to bind the Legally Recognized Entity in all regards pertaining to the Program.
- The online profile required for the initial submission includes background information on the Legally Registered Entity, documentation that it is a legal entity, the identification of the designated representative of the Legally Registered Entity, identifying materials for any other entities collaborating with the Legally Registered Entity, and identifying materials on key team contributors to the Submission Materials.
- For entry, complete the online profile and post Submission Materials addressing the Prize Statement Evaluation criteria for initial entries no later than January 31, 2020 at 5:00 PM Eastern Standard Time.
- If selected as a Semi-finalist, a refined submission addressing the initial criteria and the additional criteria set forth in the Prize Statement Evaluation must be completed and posted by May 29, 2020 at 5:00 PM Eastern Daylight Savings Time.
- Finalist will be announced August 3-7, 2020. All Finalists will be awarded $150,000 USD and can elect to participate in the Virtual Accelerator phase
- All Finalists and Top Visionaries must have proficiency and ability to converse and write in the English language. Submission Materials are required to be submitted in English, and the Virtual Accelerator will be conducted exclusively in English
- Based on the Virtual Accelerator participation, the Legally Recognized Entity will be required to further supplement their Visions to reflect learnings from the Virtual Accelerator , and create additional Submission Materials, including a refined needs assessment, action plan and pitch, submitting such materials in advance of the date for the announcement of the Top Visionaries.
By submitting Submission Materials at any time in connection with any aspect of the Program, you grant to the Program Entities a Creative Commons License for use of all such materials and communications.
JUDGING AND THE PRIZE AWARD
The Judging Panels, selected by the Program Entities, shall be responsible for: (i) allocating duties among the Judges; (ii) determining the methodology used by the Judging Panels to render decisions; and (iii) identifying provisional Top Visionaries of the Program. Decisions of the Judging Panel and any of the Program Entities shall be in their sole discretion and binding on each entrant. The Legally Recognized Entities agree not to dispute any decision or ruling of any Judging Panel or any of the Program Entities.
Through the evaluation processes of the Program, ten (10) qualifying Finalists will be eligible to receive One Hundred Fifty Thousand dollars ($150,000 USD). The qualifying Finalists that elect to complete all of the Virtual Accelerator requirements will be eligible to receive an award of Fifty Thousand dollars ($50,000 USD) and become a Top Visionary. In effect, Top Visionaries will be awarded a total of two hundred thousand dollars ($200,000 USD), through receipt of $150,000 USD as a qualifying Finalist and a subsequent award of $50,000 USD once the Virtual Accelerator phase is successfully completed and the team is named a Top Visionary (“Prize Award”).
No Legally Registered Entity shall have the right to be informed of the evaluation results for any Submission Materials, whether its own or that of a third party Legally Registered Entity.
At each stage of the program, odds of receiving a Prize Award depends on the skill of each Legally Recognized Entity and the contents of its entry, and the number of other eligible entries that are made by other Legally Recognized Entities and their skill and content of their entries.
Each of the criteria used in evaluation of the Submission Materials is more fully described in the Prize Statement for the Program available on the Program website.
Through the evaluation processes of the Program, ten (10) Finalists will be eligible for an award of $150,000 USD. Those Finalists that elect to participate and successfully complete the Virtual Accelerator Program will be eligible for an additional award of $50,000 USD as a Top Visionary. The selection of any entrant as a qualifying Finalist and/or a Top Visionary is not final until the entrant’s eligibility has been verified by the Program Entities in their sole discretion and any documents that the Program Entities in their sole discretion request are submitted. Any Prize Award shall be made only after the Program Entities have in their sole discretion satisfactory confirmation of the Legally Registered Entity’s organization, eligibility and capability of receiving the Prize Award without liability of any type under the laws of the country under which the entity is organized and resides, including responsibility for and payment of any levies, fees, or taxes, by the Program Entities. To be eligible to receive any Prize Award, each potential prize winner in the sole discretion of the Program Entities may be required to execute a Declaration of Eligibility and Liability, Publicity Release, and Copyright License, and provide any other information and documents requested, including any documents that may be required for tax purposes or for the payment of the Prize, which affidavit and documents must be completed within fourteen (14) business days from sending by the Program Entities.
A qualifying Finalist and/or a Top Visionary is not a prize winner unless and until the Program Entities verify and confirm in their sole discretion the team’s eligibility, and the Program Entities notify the qualifying Finalist and/or a Top Visionary that the verification procedure is fully complete. Program Entities shall bear no responsibility, financial or otherwise, if for any reason the Prize Award legally cannot be awarded to the Legally Recognized Entity at the sole discretion of the Sponsor. At each evaluation stage of the Program, each Legally Registered Entity is solely responsible for ensuring that it can fully participate in the Program and receive the Prize Award under the laws under which it is organized and resides, and under the Program Terms and Conditions, without any risk of liability of any type to the Program Entities, including Sponsor.
A Prize award is not transferable or assignable to any other person or entity.
Program Entities are not responsible for lost, late, incomplete, or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise that may occur in connection with the Program.
If for any reason, the Program is not capable of running as planned for reasons outside the control of the Program Entities, which, in the sole discretion of Sponsor, may corrupt or impact the administration, security, fairness, integrity, or proper conduct of the Program (or any portion thereof), Sponsor reserves the right to cancel, terminate, modify, or suspend the Program (or a portion thereof) and, in that event, the Sponsor shall have no further obligation to any entrant.
Program Entities also reserve the right in their sole discretion to disqualify an entry if any entity, or if an individual associated with any entity, is found to be a) tampering or attempting to tamper with the entry process or the operation of the Program, or any website maintained or operated by the Program Entities; (b) using any robotic, macro, automatic programmed or like type of entry methods; (c) violating the Prize Terms and Conditions; or (d) engaging in unsportsmanlike, unethical, inappropriate or disruptive action, or any action inconsistent with the Program or the charitable mission of Sponsor.
Any Program Entity’s failure to enforce any term of these Prize Terms and Conditions will not constitute a waiver of that provision or bar Program Entities from enforcing that term in the future.
The headings in these Prize Terms and Conditions are inserted for convenience and identification only, and are not intended to describe, interpret, define, or limit the scope or intent of these Prize Terms and Conditions. By submitting an entry, each Legally Registered Entity waives any right it may have to claim ambiguity of these Prize Terms and Conditions or any advantage or any impact on interpretation of these Prize Terms and Conditions that may arise from any such ambiguity claim.
By entering this Program, you represent and warrant that your participation complies with the Prize Terms and Conditions and that you specifically have sufficient rights to (1) authorize the publication and dissemination of the Submission Materials; (2) allow the Program Entities to use and authorize others to use the Submission Materials; and (3) allow the Submission Materials to be subject to a Creative Commons License.
You are entirely responsible for the Submission Materials. This means that you are responsible if the Submission Materials, in whole or in part: (1) are determined by any of the Program Entities to likely be defamatory, abusive, derogatory, offensive, or otherwise inappropriate; (2) violate any laws, rules, or regulations; (3) infringe, or constitute a misappropriation of any intellectual property rights or confidential information of any third party; or (4) violate these Prize Terms and Conditions.
At any time, Program Entities, at their sole discretion, reserve the right to remove Submission Materials from the Program website and to disqualify any submission for a violation of the Prize Terms and Conditions and/or these warranties.
PUBLICITY AND LICENSE GRANT
Except where prohibited by law, by submitting Submission Materials, each Legally Registered Entity expressly consents for the Program Entities in their sole discretion to use the name and trademark, if any, of the Legally Recognized Entity, and the name of the authorized representative of the Legally Recognized Entity, the country location, photo or likeness, and/or the background of the Legally Recognized Entity and that of the authorized representative and key team members, and the Submission Materials, in whole or in part, for promotional, educational or charitable purposes in connection with the Program and/or the charitable mission of Sponsor, in any form of media, now known or hereafter created, worldwide, without further permission, payment, or consideration.
INTELLECTUAL PROPERTY OF SPONSOR
You agree that nothing in the Prize Terms and Conditions, in any other Program materials or in any other statements made in connection with the Program grants to you the right to use or license any intellectual property of Sponsor. You shall not use the name, trademarks, service marks, logos or any copyrighted material of Sponsor without the express written consent of Sponsor, which Sponsor may withhold in its sole discretion. Further, Sponsor retains all rights, including media rights, to promote the Program and the background and story of the Program, including your participation in the Program in its sole discretion.
NO OBLIGATION OF PROGRAM ENTITIES RE SUBMISSION MATERIALS
Each Legally Recognized Entity acknowledges that third parties may submit information and entries to the Program Entities that may contain information, ideas, concepts, and approaches similar to, or the same as, those you submitted to the Program, and that the Program Entities may already be working on information, ideas, concepts, and approaches similar to, or the same as, those you submitted. By entering, each Legally Recognized Entity acknowledges and agrees that the Program Entities’ actions with respect to another entry or work of its own, even if similar to, or the same as, your entry, will not create any liability of any kind to the Program Entities or others involved in the Program. Each Legally Recognized Entity also acknowledges and agrees that participation in the Program, receipt of a Prize Award and/or designation as a Top Visionary does not create any obligation on the part of the Program Entities to promote, use in any way, or to take any further action regarding Submission Materials or a Legally Registered Entities’ involvement in the Program.
RELEASE AND LIMITATION OF LIABILITY
BY ENTERING THE PROGRAM, EACH LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS AND ANY OTHER REPRESENTATIVES), AGREES AND ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, INCLUDING AS APPLICABLE ANY TRAVEL OR PRIZE AWARD, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO REASONABLE, ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $1,000 USD, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS, AND ANY OTHER REPRESENTATIVES) BE PERMITTED TO OBTAIN ANY AWARD FOR, AND HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER TYPE OF DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET THIRD PARTY EXPENSES ACTUALLY INCURRED, IF ANY, NOT TO EXCEED $1,000 USD), OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND 4) EACH LEGALLY REGISTERED ENTITY (ON BEHALF OF ITSELF, ITS EMPLOYEES, TEAM MEMBERS, AND ANY OTHER REPRESENTATIVES) IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Further, by entering the Program, each Legally Registered Entity agrees to defend, indemnify, release, and hold the Program Entities and any related entities and persons (including but not limited to Judges, Program Guides and Mentors) harmless against any and all claims against the Program Entities (including but not limited to Judges, Program Guides, and Mentors) resulting from or in connection with your breach of any of the representations, warranties or obligations of the Legally Registered Entity specified in these Prize Terms and Conditions, including claims related to, in connection with, or arising from the Submission Materials, the use and publication of Submission Materials, the Program, travel relating to the Program, and any Prize Award.
Each Legally Registered Entity assumes any and all risks associated with the posting and use of Submission Materials and travel arising from or in connection with the Program, and expressly waives and releases any and all claims or causes of action against the Program Entities, their officers, employees, representatives, and agents for any and all injury and damage of any nature whatsoever (whether existing or thereafter, whether direct, indirect, or consequential, and whether foreseeable or not), arising from the Submission Materials, including but not limited to the solution and ideas submitted to the Program and travel arising from or in connection with the Program.
YOU AGREE TO INDEMNIFY AND HOLD THE PROGRAM ENTITIES (AND JUDGES, PROGRAM GUIDES, AND MENTORS) AND EACH OF THEIR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS, AND SHAREHOLDERS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST, OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND, OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES, ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THE PRIZE TERMS AND CONDITIONS BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR SUBMISSION MATERIALS AND PARTICIPATION IN ANY WAY IN ANY ASPECT OF THE PROGRAM, INCLUDING RECEIPT OF THE PRIZE. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, SPONSOR MAY, IN THE SPONSOR’S SOLE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT THE SPONSOR’S EXPRESS WRITTEN CONSENT.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Prize Terms and Conditions and/or the rights and obligations of each Legally Registered Entity, and of any related or authorized individual or entity of the Legally Registered Entity, or the rights and obligations of the Program Entities will be exclusively governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other country or jurisdiction.
Any litigation arising out of, in connection with, or relating to these Prize Terms and Conditions must be filed and pursued exclusively in the State or Federal courts in New York, New York, and each Legally Represented Entity and any related person or entity, consents to the jurisdiction of and venue in the State or Federal Courts in New York, New York.
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