Terms and Conditions
Please Read This Carefully! You are agreeing to a Challenge Agreement for the Clean Water Challenge. By electronically signing the agreement below, you are indicating your intention to be bound by this Challenge Agreement ("CA") between you, Lowe's Companies, Inc. ("Lowe's") and Singularity Education Group ("Sponsor") for all purposes relating to the Clean Water Challenge and your acceptance of the Challenge Guidelines, available at [link] and attached hereto. Please print and keep a copy of this CA for your records.
- Eligibility. You must be at least 18 years of age or older to enter, meet the specific age requirements of the entry category, and be a legal resident of the United States. Employees, officers, directors, agents, representatives, and the immediate family members of Sponsor or Lowe's, and their respective affiliates, subsidiaries, advertising, promotion agencies and promotion partners, are not eligible to participate. Residents of Rhode Island and Arizona are not eligible to participate. Void where restricted or prohibited by law.
- Entry and Award. You may submit up to three (3) total ideas (each a "Proposed Solution") to the Clean Water Challenge website [link]. Additional entries will be disqualified. Participants may select from the following entry categories:
- $50 or Less (18 years or older): Participants are limited to a $50 budget. The winning entry will be eligible to receive a $5,000.00 cash prize.
- $50 or More (18 years or older): Participants may spend more than $50. The winning entry will be eligible to receive a $5,000.00 cash prize.
- Conditions of Entry, Name and Likeness Release, License to Use and No Confidentiality. As a condition of entry, each Participant represents and warrants: (a) that unless otherwise disclosed in the Proposed Solution, the Proposed Solution is wholly original and does not infringe upon or otherwise violate any right of any third party; (b) you are the owner of the Proposed Solution and no party other than you has any right, title or interest in and to the Proposed Solution or any part of the Proposed Solution, (c) you have all rights necessary to enter the Proposed Solution in accordance with this CA, , including the right to grant the license required by this Section 3 of the CA, and (d) If you are an individual representing a business or other entity, you are authorized to enter into this Agreement on behalf of that business or entity.
You agree to indemnify and hold harmless Lowe's, Sponsor and each of their respective affiliates, employees, officers, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Clean Water Challenge, including without limitation any materials submitted, any failure on your part to fully comply with this CA or the rules or guidelines, and any acceptance and use of any prize.
You grant Lowe's, Sponsor and each of their authorized representative the irrevocable and unrestricted worldwide right and permission to use your name and likeness, including but not limited to, the perpetual, irrevocable and unrestricted worldwide right to take, copyright in its own name or otherwise, and use, re-use, publish photographic portraits or pictures of your likeness and/or property, in whole or in part, without restriction as to changes or alterations, in conjunction with your own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, store signage, internet, electronic commerce or any other purpose whatsoever. You also consent to the use of any related published matter. You release, discharge and agree to save harmless any photographer taking photographs on behalf of Lowe's, Sponsor, and each of their legal representatives, officers, employees, assigns, all persons acting under their permission and/or authority, and those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in whole, part or composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
By entering, you acknowledge and agree that Lowe's, Sponsor and each of their authorized representatives have the unlimited right to alter and/or edit the Proposed Solution or any part or element thereof; and you hereby grant to Lowe's, Sponsor and each of their affiliates, licensees, successors and assigns the right to use, reuse, publish, republish, modify, edit, repurpose, reproduce, distribute, disclose, and publicly perform, each as applicable, any and all Proposed Solutions and the names, likenesses, voices and images of each Participant, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
ALL INTELLECTUAL and Industrial PROPERTY RIGHTS (including moral rights), IF ANY, IN and to THE Proposed Solution and the IDEA OR CONCEPT DEMONSTRATED BY THE PROPOSED SOLUTION WILL REMAIN OWNED BY THE PARTICIPANT. BY SUBMITTING A PROPOSED SOLUTION TO THIS CHALLENGE, EACH PARTICIPANT HEREBY GRANTS TO EVERY PERSON AND ENTITY IN THE WORLD (INCLUDING LOWE'S, SPONSOR and each of their authorized representatives) A PERPETUAL, IRREVOCABLE, WORLDWIDE, TRANSFERRABLE, ROYALTY FREE, NON-EXCLUSIVE LICENSE IN RESPECT OF ALL SUCH INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You represent and warrant that you own all right, title and interest to the Intellectual and industrial property rights, if any, hold valid assignments to the such rights or otherwise have the authority to grant the licenses and release granted in this CA. You represent and warrant that this CA does not breach any other obligation or agreement to which you are a party or any other license granted in such rights.
You understand, recognize and accept that Lowe's and Sponsor have access to, may have created or have created materials and ideas which may be similar or identical to the Proposed Solution in concept, theme, idea, format or other respects. You acknowledge and agree that Lowe's and Sponsor shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from Lowe's or Sponsor's use of such materials.
Please also be aware that your Proposed Solution may not be acknowledged, will not be received or held "in confidence," and does not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this Challenge.
- Selection of the Winner. Sponsor will notify you on or around October 26th, 2015 if your Proposed Solution has been selected for an Award. The judges will judge all Proposed Solutions against the guidelines set out on the Challenge website (link here) and determine, in their sole discretion, which Proposed Solution best address the Challenge Statement. Sponsor will have absolute and sole discretion to determine whether to accept your Proposed Solution, or any Proposed Solution, and whether to make an Award, multiple Awards any Award. Judges' decisions are final.
- Release. Each Participant agrees that Lowe's, Sponsor and each of their respective subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any Award or from such Participant's participation in the Clean Water Challenge or any activity incidental thereto.
- Limitations on Liability. Sponsor and Lowe's are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Web site or service; (4) unauthorized human intervention in any part of the entry process or the Clean Water Challenge; or (5) electronic or human error which may occur in the administration of the Clean Water Challenge or the processing of entries.
- Disputes. You agree that under no circumstances will you be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning this Clean Water Challenge will be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A. All federal, state, provincial and local laws apply.
Singularity Education Group
NASA Research Park
Building 20, S. Akron Rd.
Phone: (650) 200-3434