Terms and Conditions
Enable Community Foundation Design Challenge Terms and Conditions (subject to modification):
1. GENERAL INFORMATION
Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. Multiple entries are permitted. Each entry will be reviewed independently. Multiple individuals or entities may collaborate to submit a single entry, but a single individual must be designated as an official representative for each entry. Entrant is responsible for checking applicable laws and regulations in its jurisdiction before participating in the competition to make sure that participation is legal. Entrant is responsible for abiding by its employer’s policies regarding participation in the competition. If entrant is entering on behalf of a business partnership, company, institution or other such relationship, entrant is responsible for confirming with any partnership, company, institution or other such relationship that the entry does not violate any policies set by that partnership, company, institution or other such relationship. The Enable Community Foundation disclaims any and all liability or responsibility for disputes arising between entrant and its employer related to this competition. Entrant is responsible for all taxes and reporting related to any award or prize the that entrant may receive as part of the competition. Entrant may be subject to background screenings as needed to ensure legal compliance. Only entries submitted in accordance with the terms of the agreement will be considered an entry.
Plain English: Make sure you can legally enter into this agreement.
The Competition is open to entrants over the age of 18 or the age of majority in said entrant’s geographic location. Entrant is solely responsible for all equipment, as well as all costs it incurs associated with entering and participating in the competition.
Plain English: You are responsible for paying for your own prep work and you need to be of age to enter.
3. CONFIDENTIAL INFORMATION
All entries must be non-confidential and OPEN SOURCE. By making a submission to a challenge, entrant agrees that no part of the submission includes any information or ideas deemed by entrant or by any third party to whom entrant owes a duty of non-disclosure, as confidential. Since the Enable Community Foundation does not hold any submitted materials “in confidence” it is agreed that, with respect to the Entry, no confidential or fiduciary relationship or obligation of secrecy is established between the parties.
Plain English: Your secrets are your own to keep. If we decide we are interested in them, we will work it out with you separately.
By submitting an entry, entrant represents and warrants that:
- Entrant meets the eligibility requirements and all information entered for the challenge is true and complete;
- Entrant has the right and authority to submit the entry on its own behalf or on behalf of the persons and entities that specified within the entry;
- Entrant agrees to be bound by this agreement and to all challenge rules. Decisions of the Enable Community Foundation are final and binding in all respects;
- Entrant agrees that participation shall not constitute employment, assignment or offer of employment or assignment;
- Entrant is not entitled to any compensation or reimbursement for any costs;
- Entrant agrees that the Enable Community Foundation has the right to promote all entries;
- Entry is entrant’s own original work, or is submitted by permission with full and proper credit given within the entry;
- is not, and has not been in production or otherwise previously published or exhibited;
- does not contain any confidential information or trade secrets (entrants or third parties);
- does not violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property rights or other rights of any person or entity;
- does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
- does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
- does not trigger any reporting or royalty or other obligation to any third party;
- affirmatively represents that, in your good faith opinion, your Entry is innovative and original. If you have already filed a patent application or been issued a patent for any part of your Entry, or if you have licensed or will need to license any third-party intellectual property, please include that information.
Plain English: Make sure anything you submit is completely honest and is completely yours. Make sure you understand all the rules.
The Enable Community Foundation is solely responsible for any prize or award granted in response to a challenge. The sum of the awards is the total gross amount of the reward. The awarded entrant is solely liable for the payment of all taxes, duties and other similar measures if imposed on the reward pursuant to the legislation of the country of his/her residence, domicile, citizenship, workplace, or any other criterion of similar nature. Only one award per Enttrant unless otherwise expressly stated in the challenge.
All winners will be contacted by the Enable Community Foundation staff to get contact information and any other information needed to present the award. Where an Entrant is comprised of several individuals or entities, the award will be transferred to the individual who entered the challenge. Unless otherwise provided in the challenge details, all awards are a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the initial award. Winning designs will be chosen based on the specific judging criteria.
Plain English: If we pay you, you pay taxes. Not everyone will get an award. We will let you know if you win.
6. INTELLECTUAL PROPERTY RIGHTS
By submitting an entry, entrant grants to the Enable Community Foundation the right to review the entry and to describe the entry in connection with any innovations created in connection with a challenge.
The Enable Community Foundation shall have the right to remove any content from the website in their sole discretion at any time and for any reason, including, but not limited to, any online comment or posting related to a Challenge.
Plain English: By entering the Challenge, you agree that the Foundation can use your creative ideas.
- LIMITATION OF LIABILITY
By participating in a challenge, entrant agrees to release, indemnify and hold harmless the Enable Community Foundation and their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “entities”) from and against any injuries, losses, damages, claims, actions and any liability of any kind (including attorneys’ fees) resulting from or arising out of entrant’s participation in, association with or submission to a challenge (including any claims alleging that the respective entry infringes, misappropriates or violates any third party’s intellectual property rights). In addition, entrant agrees to waive all claims against the Enable Community Foundation, except in the case of willful misconduct, for any injury, death, damage, or loss of property caused by the Enable Community Foundation. Parties are not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries. Entrant waives all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees from the Enable Community Foundation.
Any compromise to the fair and proper conduct of a challenge may result in the disqualification of an entry, termination of a challenge, or other remedial action, at the sole discretion of the Foundation. . The Foundation reserve the right in their sole discretion to extend or modify the requirements, criteria or dates of a challenge. The Enable Community Foundation reserves the right to change this agreement at any time.
Plain English: You are responsible for what you submit.
8. NO OBLIGATION
Entrant acknowledges that multiple participants may submit Entries that contain concepts or technologies similar to entrant’s entry.
Plain English: Sometimes, other entrants may have similar ideas. Don’t be mad if someone is already working on or submits something similar. Trust in the selection process!
If one or more provisions of this agreement are held to be unenforceable under applicable law, the parties agree to amend such provision in order that it will comply with law to the extent that it remains closest to the original intention of the parties.
Plain English: If one part of this Agreement is a bad idea, the rest still remains.
10. GOVERNING LAW AND SETTLEMENT OF DISPUTES
This agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.
Plain English: If there is a legal issue, California law applies.
Headings of sections and clauses of this agreement are meant for the convenience of reference and for simplifying of reading of the text. The referred headings shall have no legal meaning for the performance and interpretation of this agreement.
Plain English: The headings are not plain English. Think of them as decoration for the paragraph.