Boca Bearings Innovation Project Guidelines to Rules
NO PURCHASE NECESSARY. OPEN TO ALL, VOID WHERE PROHIBITED.
The Boca Bearings Innovation project is an online Innovation Competition which makes
available $10000 to be granted to a winning project which intend is to improve communities
through an online, democratic voting process (“Innovation Competition”).
The Innovation Competition is open to individuals, for profit organizations
(which have a maximum of $5 million in annual revenue) and non-profit organizations
(which have a maximum of $15 million in annual revenue) (see Section 1 below for
more eligibility requirements); however, there is no annual revenue limit for private
or public pre-school, kindergarten, elementary, middle or high schools regardless
of whether the Application is submitted as a for profit organization or non-profit
organization.
For good and valuable consideration (including, without limitation, the possibility
of publicity using your name and application information), the receipt and sufficiency
of which are hereby acknowledged, Participant (as defined below in Section 3) is
submitting certain idea(s), design(s), concept(s), communication(s) and/or material(s)
(the “Application”) for the benefit of Boca Bearings Company-
(the “Sponsor”) upon the following express understandings and
conditions.
BEFORE YOU SUBMIT AN APPLICATION, READ THESE OFFICIAL APPLICATION GUIDELINES.
YOU MUST SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL APPLICATION GUIDELINES
BY CLICKING THE CHECKBOX WHERE INDICATED.
BY PARTICIPATING IN THIS INNOVATION COMPETITION, YOU AGREE TO THE SPONSOR’S
PRIVACY POLICY AND TERMS & CONDITIONS, AVAILABLE AT THE INNOVATION COMPETITION
WEBSITE www.bocabearings.com AND THAT YOUR ENTRY AND THE PERSONAL INFORMATION
COLLECTED FROM YOU IN CONNECTION WITH THIS INNOVATION COMPETITION WILL BE SHARED
WITH SPONSOR AND/OR ITS DESIGNATED AGENT(S) AND THAT YOU MAY BE CONTACTED BY THE
SPONSOR AND/OR ITS DESIGNATED AGENT(S) IN CONNECTION WITH THE INNOVATION COMPETITION.
YOUR INFORMATION WILL NOT BE USED FOR MARKETING PURPOSES UNLESS YOU OPT-IN AT REGISTRATION.
1. Eligibility. There are no Innovation
Competition participant restrictions. The competition is open to people internationally
who are 13 years of age or older. You can register as either a Participant
(see Section 3 below) or as a Voter (see Rule 5 below). Participants can be individuals,
for profit organizations (which have a maximum of $5 million in annual revenue)
or non-profit organizations (must be an existing 501(c)(3) organization at the time
of registration for the Innovation Competition and have a maximum of $15 million
in annual revenue); however, there is no annual revenue limit for private or public
pre-school, kindergarten, elementary, middle or high school regardless of whether
the Application is submitted as a for profit organization or non-profit organization.
Employees of Boca Bearings Company, Boca Bearings Company- the immediate family
members of such employees (parent, child, sibling, spouse) and persons living in
the same household as such employees (whether related or not) (each a “Innovation
Competition Party”) are eligible to participate but must do so on
behalf of an organization and they will be required to divulge their relationship
with Boca Bearings Company in their Profile page. Sponsor reserves the right, at
its sole and absolute discretion, to disqualify any individual and any or all of
his/her Application(s) and/or votes deemed in Sponsor’s sole and absolute
discretion to be (a) tampering or attempting to tamper with the entry or voting
process or the operation of the Innovation Competition or any Sponsor website; (b)
violating the Official Application Guidelines; (c) violating the terms of service,
conditions of use and/or general rules; or (d) acting in an unsportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten, harass any other person or act
fraudulently in any manner. Sponsor also reserves the right to cancel any
Grant Agreement and to take any further action it desires if Sponsor determines,
in their sole discretion, that Participant engaged or participated in any fraudulent
activity (for example, scheme designed to exploit weaknesses in technology or result
in fraudulent votes) at any time during the Innovation Competition Period or during
the subsequent Grant Agreement period.
2. Innovation Competition Period.
The opportunity to participate in the Innovation Competition begins 12:00:01 p.m.
(Noon) ET on January 1, 2012 (the first date/time you can submit an Application)
and ends 11:59:59 p.m. ET on November 30, 2012 (the last time you can vote on an
Application) (the “Innovation Competition Period”). During
the Innovation Competition Period, there will be eight (10) Application periods
during which Applications can be submitted (each an “Application Period”),
each followed by a voting period during which Applications submitted during the
prior Application Period will be voted on (each a “Voting Period”)
as set forth in the following table (“Application Entry Table”).
APPLICATION ENTRY TABLE
All times are Eastern Time.
Application Period Number
|
Application Period*
(begins at 12:00:01 p.m. (Noon) on the 1st and ends 11:59:59 p.m.)
|
Date Applications are Posted for Voting
(begins 12:00:01 p.m. Noon)
|
Voting Period
(begins 12:00:01 p.m. (Noon) of the first date and ends 11:59:59 p.m. of the last
date)
|
|
1
|
01/01/2012-01/31/2012
|
01/01/2012
|
01/01/2012-01/31/2012
|
|
2
|
02/01/2012-02/29/2012
|
02/01/2012
|
02/01/2012-02/29/2012
|
|
3
|
03/01/2012-03/31/2012
|
03/01/2012
|
03/01/2012-03/31/2012
|
|
4
|
04/01/2012-04/30/2012
|
04/01/2012
|
04/01/2012-04/30/2012
|
|
5
|
05/01/2012-05/31/2012
|
05/01/2012
|
05/01/2012-05/31/2012
|
|
6
|
06/01/2012-06/30/2012
|
06/01/2012
|
06/01/2012-06/30/2012
|
|
7
|
07/01/2012-07/31/2012
|
07/01/2012
|
07/01/2012-07/31/2012
|
|
8
|
08/01/2012-08/31/2012
|
08/01/2012
|
08/01/2012-08/31/2012
|
|
9
|
09/01/2012-09/30/2012
|
09/01/2012
|
09/01/2012-09/30/2012
|
|
10
|
10/01/2012-10/31/2012
|
10/01/2012
|
10/01/2012-10/31/2012
|
|
11
|
11/01/2012-11/31/2012
|
11/01/2012
|
11/01/2012-11/31/2012
|
*Each Application Period ends on the respective dates set forth above.
Due to the size of some Applications, which may be large and require a significant
amount of time to upload depending on the Participant’s service provider as
well as the potential volume of other Participants, the time to upload may take
longer than anticipated by the Participant. It is recommended that the above
be taken into consideration when a Participant is planning to upload their Application
as an Application must be fully uploaded by the end of the applicable Application
Period to be eligible for consideration for posting for voting for such Application
Period.
3. How to Participate in the competition. During the
Innovation Price Competition Period, Participants and Voters should go to
www.bocabearings.com (the “Website”) and follow the
directions to register a new user profile (“Profile”).
If you are an Contest Participant Party (as defined above in Section 1), then you
must identify yourself as such in your Profile. Limit one (1) Profile per
person/email address/ name/address/household per Application Period. Multiple
Profiles in the same Application Period will result in both Profiles being disqualified
for the Competition and the Applications and/or Votes associated with the multiple
Profiles will be rejected and/or removed from the Website. Limit one (1) Application
per Participant per Profile during the Innovation Competition Period. At the end
of each Application Period, all Applications which were posted for Voting during
that Application Period will be archived and inaccessible after the end of that
Application Period. If a Participant wishes to resubmit their Application, they
will have to create a new Profile for the next Application Period, create a new
Application or recreate their previous Application and submit the new Application.
During any Application Period, duplicate Applications for the same idea for the
same organization or same purpose (even if submitted by unique individuals) will
result in both Applications being rejected from the Website - -
Once you have registered your Profile, you (“Participant”)
will be able to save and submit an Application which must be in written form and
must contain a video (a maximum of 5 minutes) A video is not required for your Application.
To be eligible for consideration for posting for voting, an Application must be
submitted through the Website by the end of the respective Application Period, comply
with these Official Application Guidelines, including but not limited to those guidelines
set forth in Section 8 below, and must include at least the following:
- a description of your project idea;
- identify if you are an individual submitting an Application on behalf of (i) yourself,
(ii) an entity, including an existing 501(c)(3) non-profit organization (must be
an existing 501(c)(3) organization at the time of registration for the Innovation
Competition and have a maximum of $15 million in annual revenue), or (iii) a for-profit
organization which has a maximum of $5 million in annual revenue. There is
no annual revenue limit for private or public pre-school, kindergarten, elementary,
middle or high school regardless of whether the Application is submitted as a for
profit organization or non-profit organization.
Participants will be notified by e-mail, on or about the sixth (6th) of each month
at the e-mail address provided in their Profile, advising them if their Submission
is eligible for the Moderation Stage (as defined below); and subsequently on or
about the beginning of the respective Voting Period (see Application Entry Table
above) Participants will be notified by the same email process whether their Application
is being posted for voting or if their Application was rejected during the Moderation
Stage.
Participants can create their Profile at any time during the Innovation Competition
Period. Within one (1) to two (2) days of the end of the Application Entry
Period (see Application Entry Table above), Sponsor will randomly draw 1,500 Applications
from among all Applications which have been received by Sponsor in any applicable
Application Period, and those 1,500 Applications (the “Eligible Selected Applications”)
will be eligible for the Moderation Stage (as defined below) of the Innovation Competition.
During the Moderation Stage, Sponsor and/or its designated representatives will
review each Eligible Selected Application to determine if it meets the Innovation
Competition Guidelines (the “Moderation Stage”). If the
Eligible Selected Application meets the Innovation Competition Guidelines, it will
be posted for Voting in accordance with the timing listed in the Application Entry
Table above. If an Application Period has closed, Participants may still save
an Application to their Profile for submission into the next Application Period
(except during the 9th Application Period), but such Application cannot be submitted
until the following Application Period. NOTE: saving an Application
to your Profile does not constitute submitting the Application. Applications that
are saved and not submitted during an Application Period will not be automatically
submitted into subsequent Application Periods. Rather, Participants will have
to log into their Profile and manually submit the Application in the next or a subsequent
Application Period before the end of the then-current Application Period.
Once you submit your Application, you will not be able to make changes to your Application.
At the end of each Voting Period, it is anticipated that Sponsor will award one
(1) Grant to Participants for such Application Period (as defined below in Section
4) (each such Participant will be deemed an “Eligible Grant Recipient”).
At the conclusion of each Application Period, all remaining accepted Applications
not attributable to an Eligible Grant Recipient will be marked as inactive.
If a Participant wishes to resubmit their Application, they will have to create
a new Profile for the next Application Period, create a new Application or recreate
their previous Application and submit the new Application.
All Applications, including but not limited to, designs, ideas, concepts and communications,
shall be owned solely by Participant who shall have sole liability for all third
party claims relating to or regarding the content of their Application. All
Applications will be reviewed for compliance with these Official Application Guidelines
before being posted to the Website for voting as set forth in the Application Entry
Table above; however, such review does not relieve Participant from responsibility
for compliance with these Official Application Guidelines. Participants and Applications
that do not comply with these Official Application Guidelines or that otherwise
contain prohibited or inappropriate content as determined by the Sponsor, in its
sole and absolute discretion; may be disqualified at any time and will then not
be posted for voting for the applicable Voting Period. Sponsor (and/or its
designated agent(s)), in its sole and absolute discretion, makes the final determination
as to which Participants and Applications are accepted and are eligible to take
part in this Innovation Competition and be considered for inclusion as an Eligible
Selected Application, for inclusion in the Voting Period, on the Website and/or
be eligible to receive a Grant. From time to time during the Innovation Competition
Period, Sponsor may, in its sole and absolute discretion, choose to feature certain
recent Participants and Applications on the Website and/or in advertising materials.
Being featured on the Website and/or in advertising materials in no way impacts
the likelihood of success of the Participant becoming an Eligible Grant Recipient
in the Innovation Competition nor does the inclusion of the Application on the Website
and/or in advertising materials indicate that Sponsor deems the Application to be
a good example of an Application, nor does it indicate Sponsor’s preference
for/endorsement of the Application and/or the subject matter of the Application.
4. Grants Available. During each Application
Period, there will be one winner who receives an Ipad. At the end of the year, out
of all monthly winners 3 outstanding submissions will be selected which will win
the cash prize of $10000, two consecutive winners will receive 3D Printers.
If during any Application Period, there is an insufficient number of Applications
posted for Voting for any Grant Level, the number of Grants awarded will be reduced
accordingly.
5. Voting During the Voting Periods listed
in the Application Entry Table above in Section 2, an individual who has registered
on the Website to vote for the Applications they think should receive Grants (“Voter”)
will be allowed up to one (1) vote (each a “Vote”) per Voter
during each Voting Period. Each Participant in the Innovation Competition
will also be allowed one (1) Vote in each Voting Period. Limit one (1) registration per person/email/address/name/household
regardless whether you are registering as a Voter or as a Participant.
An individual can register on the Website as either a Participant or as a Voter
but not both. If Sponsor determines, in its sole and absolute discretion,
that any Participant or Voter has not complied with these Official Application Guidelines
in any way, for example, (i) use of proxy voting, (ii) by registering more than
one (1) time during an Application Period on the Website and/or using multiple e-mail
addresses during the same Application Period or dummy email addresses, (iii) offering
any type of compensation or agreeing to compensate (monetarily or otherwise) any
third party, in exchange for a Vote in any manner, or (iv) other fraudulent means
in an attempt to cast more than the five (5) Votes allotted per day of each Voting
Period or to allocate more than one (1) Vote per day to the same Application, then
Sponsor reserves the right to cancel that Voter’s or Participant’s account,
disqualify all their Votes and/or disqualify any Application that they have submitted
and disallow any further participation by such individual in the Innovation Competition.
Sponsor may allow various off-site methods of voting for an Application, including
but not limited to mobile, widgets, media (by way of example and not by way of limitation,
voting through a cell phone). Sponsor recommends that before a Voter or Participant
chooses an Application to vote on, they visit the Website and review the Profile
of the Participant for that Application to get more information about the Participant
and their Application.
Once each Voting Period has ended, the respective Participants responsible for the
appropriate number of Applications in each Grant Level with the highest number of
Votes will each be deemed an Eligible Grant Recipient. If there is a tie among
the Applications in a particular Grant Level after a Voting Period has ended, Sponsor
(and/or its designated agent), in its sole and absolute discretion, will review
the tied Applications and will break the tie based on the Application that first
in time received the highest number of Votes during the Voting Period. It
is possible that two or more Participants will submit Applications which may contain
similar/the same idea for a Grant. If both Participants submit Applications
which contain the same idea for the same organization, both Applications will be
disqualified. Notwithstanding this, Eligible Grant Recipients will be determined
solely by the number of Votes cast for each Application as set forth herein.
Sponsor is under no obligation to review or consider the similarity of other Applications
in determining whether or not to accept an Application. Sponsor’s decisions,
in its sole and absolute discretion, are final and binding in all matters relating
to the Innovation Competition.
If a Participant’s Application receives the highest number of Votes in the
applicable Grant Level, Participant will become an Eligible Grant Recipient for
the Grant amount specified in his/her Application.
All Eligible Grant Recipients will be required to complete a Grant award acceptance
package (“Grant Agreement”) (see Section 14 below for more
information on the Grant Agreement), which, among other things, will require the
Eligible Grant Recipient to coordinate with Grant Administration Agent (as defined
in Section 13b below) who will be solely responsible for dispensing the Grant to
the Eligible Grant Recipient in accordance with the Grant Agreement (as defined
in Section 14 below). No substitution of a Grant is offered, except at the
sole and absolute discretion of the Sponsor. The Grants are non-transferable.
If there are an insufficient number of accepted Applications for a particular Grant
Level for a particular Application Period, then the number of Grants awarded for
that Grant Level for that Application Period would be reduced to include only those
Applications which are accepted under these Official Application Guidelines to receive
a Grant.
6. Taxes. There may be some tax implications for Grant Recipient.
Sponsor recommends that Participants review their Application with their legal/tax
advisor to determine their potential tax liability, if any, in connection with receiving
a Grant as part of this Innovation Competition. If there is any tax liability,
it will be the sole responsibility of Grant Recipient.
7. Application Content Guidelines.
a. Applications MUST:
- be in English;
- have one (1) photo as the profile photo
- be received in accordance with the Application Entry Table in Section 2 above;
- describe a project to be carried out for charitable, community or educational purposes
within one of the Categories of the Innovation Competition;
- describe a project to take place/benefit persons;
- describe a project that is capable of being completed within 9 months from the first
date of funds disbursement; and
- provide a level of detail sufficient to show each of the specific activities to
be carried out by the Participant and others, if any, necessary to achieve the principal
goal(s) of the project.
Applications CANNOT to any degree:
- suggest legalization of any illegal drugs/activity, prostitution or pornography
or other illegal activities or goods;
- challenge, lobby for or seek to change current laws, enact any new laws or overthrow
of any government;
- be inconsistent with these Official Application Guidelines;
- be inconsistent with any corporate policy of Sponsor or its ultimate parent company
(Boca Bearings CompanyCo, Inc.), such policies can be found at
www.Boca Bearings Companyco.com;
- suggest or encourage the taking up of arms against any person, government or entity;
- discriminate against, disparage or denigrate any race, age, gender, disability,
sexual orientation, ethnicity, religion, political orientation, national origin,
ancestry, marital status, veteran status or mental or physical disability;
- disparage or denigrate a product, service, person, company or organization including,
but not limited to, Sponsor;
- encourage the cessation of or act to negatively impact a business or enterprise;
- promote alcohol, illegal drugs or activity, tobacco, firearms/weapons, prostitution
or pornography;
- contain any profanities, be overtly sexual, suggest an intent to abuse or suggestions
of violence;
- contain photos or videos which have images of violence, drugs, pornography, or other
illegal activities or goods;
- involve religious advocacy, proselytizing – acts and intentions to advance a religious
denomination or expand membership or encourage conversion;
- involve activities by a religious organization whose purpose is only to provide
services/goods/benefits to their congregation rather than all members of their community;
- involve political advocacy – acts and intentions to advance a particular political
party, candidate and/or cause or to support lobbying for any particular party, candidate
and/or cause, or to expand membership or to encourage membership for a particular
political party, candidate or lobbying effort;
- involve furtherance or expansion of a particular political policy or agenda or social
policy or agenda with legislative implication;
- describe a project that directly or principally benefits the Participant or any
other specific individual (as opposed to the identified community as a whole);
- describe a project whose purpose (solely or partially) is to re-grant potential
Grant funds to another individual or organization(s). By way of example, if
the purpose of Applicant’s Submission is solely or partially to transfer potential
Grant funds to a third party individual or organization, such transfer of funds
must be linked to a specific initiative or project of that third party individual
or organization, which must be outlined in the Applicant’s Submission and
abide by the other terms and conditions set forth herein;
- feature or reference any third party commercial products and/or company trademarks,
logos, brands or endorsements (including but not limited to third party logos on
street scenes, panoramic views, vehicle license plates, clothing such as t-shirts,
hats, etc.) without permission in any manner which Sponsor deems may violate the
rights of a third party (note: an Application may contain the name and trademark
of an organization to be benefited by the Grant (provided prior permission has been
obtained);
- use individuals’ names in whole or in part (including the Participant’s
last name) without permission;
- contain materials embodying the names, likenesses, photographs, or other identifying
elements of any person, living or dead without permission in any manner which Sponsor
deems may violate the rights of a third party;
- contain any copyrighted works in any manner which Sponsor deems may violate the
rights of a third party (other than those owned by the Participant or any registered
member of the group or those used with permission);
- request funding to obtain a 501(c)(3) status;
- involve any type of medical research, procedure or alternate medical treatments
or therapies for either humans or animals;
- involve any type of medical research, procedure or alternate medical treatment or
therapies developed through the use of animals or testing upon animals for safety,
efficacy, etc.;
- support organizations that raise funds specifically to support medical research;
and
- be a duplicate idea for the same organization or project for the same Application
Period.
8. Additional Requirements for Photograph(s) and Video Content of Application
(if applicable).
- A video must reside in your YouTube account and comply with the YouTube Site’s
“YouTube Community Guidelines” set forth at
http://www.youtube.com/t/community_guidelines and Terms of Service;
- Be in English;
- Be clear, in focus and audible;
- Not be marked “private” or “taken down” during moderation
period;
- Be appropriate to the theme of the Application;
- Be the property of the Participant;
- Clearly state the objectives of the Application;
- Have written permission from all individuals identifiable in the photograph(s) and/or
video (as determined by Sponsor) – if an individual in the photograph(s) and/or
video is under the age of majority in their state of residence, written permission
must be from the individual’s parent or legal guardian;
- A video must be less than one (1) minute in length; and
- Photographs must be less than 1 MB each. Total number of photographs cannot exceed
five (5) photographs (including the one (1) required photograph in your Profile).
9. Additional Requirements for Applications.
- Once submitted, an Application will not be returned. Sponsor may, in its sole
and absolute discretion, reject, refuse, remove, delete and/or disqualify or disallow
any Application Sponsor, in its sole and absolute discretion, deems inappropriate
or otherwise non-compliant with these Official Application Guidelines. Sponsor
reserves the right to waive the requirements set forth herein in its reasonable
discretion.
- If any group of individuals elects to collaborate on an Application, they are required
to designate one (1) person/organization as the Participant and the submitter of
the Application in the Innovation Competition, and such person/organization shall
agree to these Official Application Guidelines on behalf of the group of individuals.
Sponsor is not responsible or liable for any disputes between collaborators arising
under or related to the Innovation Competition.
- If any organization desires to submit an Application, it must designate one (1)
individual as the Participant to submit the Application. If a Participant
is submitting an Application on behalf of an organization, the Participant must
disclose this fact in its Application. If the Participant acting on behalf
of an organization is selected as an Eligible Grant Recipient, the Participant will
be required to submit written documentation that the organization (a) authorizes
submission of the Application by Participant; (b) authorizes Participant to administer
the Grant funds; and (c) agrees to these Official Application Guidelines. Sponsor,
in its sole and absolute discretion, will decide if written documentation provided
is sufficient, and may at its sole and absolute discretion, request additional documentation
from Participant or organization. Sponsor is not responsible or liable for
any disputes between Participants and organizations arising under or related to
the Innovation Competition.
- If your Application is rejected for any reason, you may edit the Application from
your Profile page, and then resubmit the Application within the applicable Application
Period, or future Application Periods (if any) with the understanding that re-submission
of the Application will be subject to the timing limitations set forth herein.
If you wish to revise your Application, you will be required to delete your Application
during the applicable Application Period, edit your Application from your Profile
page, and then attempt to resubmit the Application within the applicable Application
Period, or future Application Periods (if any), with the understanding that re-submission
of the Application will be subject to the timing limitations set forth herein.
- An Application or any work product developed utilizing Grant funds cannot communicate
messages or images inconsistent with the positive images and/or goodwill with which
Sponsor wishes to associate.
- If Sponsor, at any time during the Innovation Competition Period, receives a complaint
(including but not limited to a cease and desist letter, general letter of complaint,
etc.) alleging intellectual property infringement in a Participant’s Application,
Sponsor, in its sole and absolute discretion, reserves the right to remove such
Application from the Website and disqualify the Application without prior notice
to Participant.
- All Eligible Grant Recipients (in the case of a Participant who is under the age
of majority in their state of legal residence, their parent or legal guardian) must
be financially stable, and for-profit and not-for-profit organizations will need
to submit proof of sound financial management and solvency. All Eligible Grant
Recipients will be required to complete additional documentation in order to receive
Grant funds. (See Section 14 below)
10. Technical Requirements
Will develop and support on the following browser/platform combinations:
- Firefox 3.0
- Firefox 3.5
- Firefox 4.0
- IE 8
- IE 7
- IE 6 (limited support where items such as carousels are not enabled)
- Safari 4
NOTE: Current and future browser releases may lead to less than desirable
experiences with the site and some browsers are not recommended: Examples
include Google Chrome (all versions).
11. Grant of Rights To Sponsor.
By submitting an Application, Participant hereby agrees that:
a. In consideration of entering an Application in the Innovation Competition, Participant,
on behalf of themselves, their group/organization (if applicable), their heirs,
executors, administrators and assigns, hereby assigns to Sponsor an irrevocable
non-exclusive, sub-licensable, perpetual, royalty-free, worldwide license and right
to broadcast, publicly display, exhibit and/or otherwise use the Application and
every element thereof, in whole or in part, in any manner or medium now or hereafter
known or devised. At all times, the Application shall remain the property
of Participant. Notwithstanding the foregoing, Sponsor will have the exclusive
right to make and/or use unlimited derivative works there from, to assign or transfer
any or all such rights and to grant unlimited sublicenses. Without limiting the
foregoing, Sponsor will have the right to use the Application, and any portion thereof,
in any merchandising, advertising, marketing, promotion or any other commercial
or non-commercial purpose in relation to the Boca Bearings Company Refresh Innovation
Competition. Participant also irrevocably grants Sponsor, where not prohibited by
law, an irrevocable, perpetual, worldwide, royalty-free license to the right to
use Participant’s name, voice, likeness and biographical material, in any
merchandising, advertising, marketing, promotion or any other commercial or non-commercial
purpose related to the Application and/or Innovation Competition or in any other
way Sponsor deems appropriate.
b. Participant acknowledges that they have no right of approval or consultation
with respect to Sponsor's use of the Application. Sponsor will not be responsible
for the return or preservation of the Application. Sponsor shall use its sole and
absolute discretion in determining the extent and manner of the use of the Application,
and Sponsor is not obligated in any way to use or exploit the same or any rights
granted by Participant, or any portion thereof, in any medium or any manner whatsoever,
including but not limited to use on Sponsor’s website or as Sponsor may choose
to use any Application or part thereof. Participant further agrees that the Application
is not being submitted in confidence or in trust, and that no confidential or fiduciary
relationship is intended or created.
c. APPLICATIONS POSTED TO THIS WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS
OF THE RESPECTIVE PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
Any waiver of any obligation hereunder by Sponsor does not constitute a general
waiver of any obligation in favor of Participants.
12. Innovation Competition Terms of Application.
As conditions of entry into this Innovation Competition and by uploading an Application,
each Participant represents and warrants that:
a. their entire Application: (i) is wholly original; (ii) has been legally obtained
and/or created; (iii) does not infringe the intellectual property, privacy or publicity
rights or any other legal or moral rights of any third party or violate applicable
laws, regulations or network standards; (iv) the Application has not previously
received any Grant through a local Boca Bearings Company Refresh Innovation Competition;
(v) they have not granted or transferred any rights in or to the Application to
any third party prior to the date of submission; (vi) Participant has not done anything
which has impaired and will not do anything to impair the rights granted to Sponsor
in any way; (vii) Participant acknowledges that, if applicable, they have secured
written permission from all individuals identifiable in their photograph(s) and/or
video included with their Application and further that such permission is extended
to Sponsor for Sponsor’s use as set forth herein and in any manner it deems
appropriate; and (viii) the Application conforms to and complies with all of the
Application requirements and rules set forth herein.
b. by submitting an Application, Participant agrees to indemnify and hold harmless
the grant administration agent as designated by Sponsor (“Grant Administration
Agent”), Sponsor, its bottlers, Boca Bearings CompanyCo, Inc., suppliers,
printers, distributors and advertising, promotion and judging agencies and each
of their designated agents, their respective parents, and its and their subsidiaries,
affiliates, successors, licensees, and assigns, and each of their directors, officers,
agents, equity holders and employees (“Released Parties”),
from and against any and all claims, losses, costs, damages, liabilities and costs
and expenses (including reasonable attorneys' fees and costs) which arise out of
any breach of these Official Application Guidelines.
13. Limitations on Liabilities; Remedies.
By submitting an Application, Participant agrees that:
a. any and all disputes, claims and causes of action arising out of or connected
with their Application, the Innovation Competition and/or any Grant will be resolved
individually, without resort to any form of class action;
b. any and all claims, judgments and awards will be limited to actual third-party,
out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or
recoverable;
c. under no circumstances will Participant be permitted to obtain any award for,
and Participant knowingly and expressly waives all rights to seek, punitive, incidental,
consequential or special damages, lost profits and/or any other damages;
d. they irrevocably waive any right to seek injunctive or equitable relief; and
e. they release and hold harmless Released Parties (as defined in Section 13b above)
from any and all claims that any commercial, advertising, presentation, web content
or any other material subsequently produced, presented, and/or prepared by or on
behalf of Sponsor infringes on the rights of Participant as contained in any Application
or otherwise.
14. General Conditions. All Participants
and Voters must be registered on the Website. The name of the person/organization
submitting the Application must be the name of the person/organization who registered
on the Website with such email address, and the authorized account holder of such
email address, otherwise, entry may be deemed void. In the event of dispute
over the identity of a Participant, an Application will be declared made by the
authorized registered user of the Website through which the Application was entered
and potential Eligible Grant Recipient may be required to provide identification
sufficient to show that he/she is the authorized account holder of such account.
Upon completion of the Voting Period, the Eligible Grant Recipient will be
notified by phone and/or e-mail at the phone number and/or e-mail address provided
on their registration and will be required to complete, sign and return a Grant
Agreement and, where lawful, a publicity release within ten (10) days of its receipt
or Grant will be forfeited. If the Grant Agreement or any mail is returned
as undeliverable without a forwarding address, then the Participant may forfeit
their Grant.
If for any reason the Innovation Competition is not capable of being administered
as planned, including without limitation, lack of sufficient number of Participants
and/or consumer vote to support the continuing of the Innovation Competition, infection
by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes which corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Innovation Competition, or for any
reason Sponsor deems, in its sole and absolute discretion, that the Innovation Competition
is not meeting the expected goals, Sponsor reserves the right, in its sole and absolute
discretion to cancel, modify or terminate the Innovation Competition. Further,
Sponsor reserves the right, at its sole and absolute discretion, to disqualify any
individual, any or all of his/her Application(s) and/or votes deemed to be (a) tampering
or attempting to tamper with the entry process, the voting process, the operation
of the Innovation Competition or any Sponsor website; (b) violating the Official
Application Guidelines; (c) violating the terms of service, conditions of use and/or
general rules or guidelines of any property or service; or (d) acting in an unsportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person, or with the intent to go against or disrupt the integrity/spirit of the
Innovation Competition. Sponsor reserves the right, in its sole and absolute
discretion, to require an Eligible Grant Recipient to submit to a confidential background
check to confirm eligibility and help ensure that the use of any such person in
advertising or publicity for the Innovation Competition will not bring Sponsor into
public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor,
its agents or the Innovation Competition as determined by Sponsor in its sole and
absolute discretion.
15. Miscellaneous. These Official Application
Guidelines and their performance will be binding on Participant, Voters and their
heirs, administrators, executor, successors and assigns. The construction, validity,
interpretation and enforceability of the Official Application Guidelines and this
Innovation Competition will be governed by and construed in accordance with the
laws of the State of New York without giving effect to any choice of law or conflict
of law rules. By submitting an Application, Participants consent to the jurisdiction
and venue of the federal, state and local courts located in West Palm Beach, Florida.
Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless:
(a) obtain injunctive or other equitable relief from a court to enforce the provisions
of these Official Application Guidelines; and/or (b) bring an action in court to
protect or interpret any of Sponsor's purported intellectual property rights. These
Official Application Guidelines will not be assignable by Participant. Sponsor,
its bottlers, designated agents and their respective parents, successors and assigns,
will have the unlimited right to assign these Official Application Guidelines and
the rights granted at any time, in whole or in part, to any party. Participant will
execute any documents (after being afforded a reasonable opportunity to review and/or
confirm the same) and do any other acts as may be reasonably required by Sponsor
to further evidence or effectuate Sponsor’s rights as set forth in these Official
Application Guidelines, and Participant appoints Sponsor as their attorney-in-fact
(which appointment is irrevocable and coupled with an interest), with full power
of substitution and delegation, but only to execute any and all such documents,
or perform such acts, which Participant fails to execute (after being afforded a
reasonable opportunity to review and/or confirm the same).
16. Sponsor. Boca Bearings Company