Rules, Terms and Conditions
Contest Rules and Regulations
TO ENTER, YOU MUST COMPLETE THE ONLINE ENTRY FORM, READ THE OFFICIAL RULES BELOW AND AGREE TO THE OFFICIAL RULES AND OTHER WEB SITE TERMS BY CLICKING THE ACCEPTANCE BOXES WHERE INDICATED AND THEN CLICKING ON THE "SUBMIT ENTRY" BUTTON.
VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: Open only to legal residents of the fifty (50) United States and the District of Columbia who are located in the United States at the time of entry and who are of the 18 years of age (or the legal age of majority in your state of residence, whichever is older) at the time of entry. The following are not eligible: Those employees and representatives of Cincinnati Innovates and the Primary Contest Sponsors (as defined below) who are involved in the administration, development, fulfillment and execution of this Contest, and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households of each such employee or other person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest). Cincinnati Innovates (“Contest Provider”) is a program sponsored by CincyTech, Taft Stettinius & Hollister LLP, the Carol Ann and Ralph V. Haile/U.S. Bank Foundation and other organizations. “Primary Contest Sponsors” means the Contest Provider, CincyTech, Taft Stettinius & Hollister LLP (“Taft”), the Carol Ann and Ralph V. Haile/U.S. Bank Foundation, LPK, and Cooney Faulkner & Stevens.
2. CONTEST PERIOD: This Contest (the “Contest”) starts at 12:00:01 am Eastern Daylight Time ("EDT") on 5/1/13 and runs through 11:59:59 pm EDT on 7/15/13 (the “Contest Period”).
3. TO ENTER: To enter the Contest, log on to www.CincinnatiInnovates.com (“Web Site”) during the Contest Period. Follow on-screen directions to properly complete and submit a registration form. For your registration to be valid, you must complete all required information and click on the box indicating acceptance of the Web Site use terms and these Official Rules on the registration page and then clicking on the “Submit Entry” button. All entrants must have a valid e-mail address. Information submitted must be in English. The information submitted will be considered the Contest entry ("Entry"). Once submitted, Entries will be publicly displayed on the Web Site, along with entrant's first name or company name and city/state of residence. You may enter the Contest as many times as you would like, provided each Entry submitted is unique. However, there is a limit of one (1) prize per person, household and/or email address (except that a single Entry may win both a commercialization prize and a patent prize as described below). Entries must describe an innovation or technology that may be lawfully operated in the United States. Entries: must be the original work of the entrant; must not infringe any third-party rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material, may not contain defamatory statements, may not invade privacy or other rights of any person, firm or entity, may not in any other way violate applicable laws and regulations, may not contain any reference to any third party trademarks, names or third party logos (other than as owned by the entrant) and may not contain any copyrighted works (other than as owned by the entrant). All Entries will be reviewed for content. Entries must have a connection to Greater Cincinnati and have a clear technology or innovation. Greater Cincinnati includes Brown, Butler, Clermont, Hamilton and Warren Counties in Ohio; Boone, Bracken, Gallatin, Grant, Campbell, Kenton, and Pendleton Counties in Kentucky; and Dearborn, Franklin, and Ohio Counties in Indiana. A connection to Greater Cincinnati includes: (a) The innovation was invented in Greater Cincinnati; (b) The innovation is the product of a student, staff or researcher of an educational institution in Greater Cincinnati; (c) Setting of the submission is in Greater Cincinnati -- for example a game or simulation that showcases Cincinnati scenery; (d) Company or individual who owns the innovation is located in Greater Cincinnati; and/or (e) The inventor is originally from Greater Cincinnati. If you have an alternate connection to Greater Cincinnati, then feel free to put it on the entry form where it will be considered, but there is no guarantee that it will be accepted. In addition, as a condition to receiving a commercialization award sponsored by CincyTech, the Potential Winner will be required to locate the business that is commercializing the Entry within the State of Ohio. Entries containing prohibited or inappropriate content as determined by the Contest Provider, in its sole discretion, will be disqualified and removed from the Web Site and will not be eligible to win a prize. By entering, you agree that Contest Provider will make the final determination as to whether Entries are eligible to take part in this Contest. Submission of an Entry grants Contest Provider and its judges, sponsors and agents the unconditional right to publish, use, reproduce, adapt, edit and/or modify such Entry in any way in connection with the Contest, in any and all media, without limitation, and without consideration to the entrant, whether or not such Entry is selected as a winning Entry. By submitting an Entry, you agree that your disclosure is gratuitous and without restriction, and will not place the Contest Provider, the Primary Contest Sponsors or the Contest judges under any obligation, and that they are free to disclose the ideas contained therein on a non-confidential basis without any additional compensation to you. You acknowledge that, by acceptance of your submission, the Primary Contest Sponsors do not waive any rights to use similar or related ideas previously known to the Primary Contest Sponsors, or developed by its employees or contractors, or obtained from sources other than you. By entering, you acknowledge that the Primary Contest Sponsors have no obligation to use or post any Entry you submit.
4. SELECTION OF WINNERS: Contest ends at 11:59:59 pm EDT July 15, 2013. The two winners of the commercialization awards will be selected by CincyTech (for its commercialization awards). The winners of each in-kind award will be selected by the sponsor of the in-kind award, in consultation with our panel of judges. Our panel of judges is made up of representatives of the venture capital and technology communities. The Entry that has received a combination of the highest ranking and number of views will win the community choice award. In the event of a tie between two or more Entries, the Entry that received the highest average ranking per day (days counting from the day posted on CincinnatiInnovates.com) will be the winner of the community choice award. The student innovator award will be awarded to the best Entry from an enrolled student as selected by our panel of judges. All selections by our panel of judges will be final. Registration with the Web Site is required in order to vote. Limit one (1) ranking per person/email address per Entry per week during the voting period. Automated methods of voting/ranking are strictly prohibited. In addition, the offering, advertising or payment of any compensation, incentive or item of value (including, without limitation, entries in a raffle or any other contest or sweepstakes) to induce voting for an Entry or any other activity in connection with the Contest or the Web Site is strictly prohibited, as is the use of paid advertising of any type whatsoever to induce voting or any other activity in connection with the Contest or the Web Site; Contest Provider in its sole discretion may immediately disqualify any Entrant who it believes, in its sole discretion, has engaged in any of the foregoing prohibited activities. The same team or individual is eligible to win both a commercialization award and a patent award, but no team may win more than one commercialization award or patent award, and winners of a commercialization award or patent award will not be eligible for the community service award or the student innovator award. If the Entry that would have won the community choice award wins another award, then the highest ranked Entry (as described above) that has not won another award will be awarded the community choice award.
All entrants that are initially informed that they are a winner (“Potential Winners”) are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms. For the CincyTech commercialization awards, Potential Winners must locate the business that is commercializing the Entry within the State of Ohio. For the in-kind awards, Potential Winners are subject to verification that the sponsor’s provision of goods or services to and/or representation of the Potential Winner would not create an actual or potential business or ethical conflict of interest or otherwise be impermissible under Ohio law (including without limitation, Ohio legal ethics rules), and the Potential Winner agrees to provide information reasonably requested by the award sponsor to verify this. If the in-kind award sponsor determines in its sole discretion that such a conflict of interest exists or that the sponsor cannot render services to the Potential Winner for any other reason, then an alternate Potential Winner will be chosen in accordance with this paragraph. In addition, Contest Provider reserves the right to require a confidential background check upon the Potential Winner selection to help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Primary Contest Sponsors or the Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or the Primary Contest Sponsors, as determined by Contest Provider in its sole discretion, and that the awarding of the prize to the Potential Winner will not violate applicable U.S. laws or regulations. In addition, Contest Provider reserves the right to require the Potential Winner to submit the information necessary for the confidential background check and authorize the check through electronic means designated by Contest Provider and/or its service providers, in order to expedite the process of verifying the Potential Winner as eligible to receive an award. If Potential Winner has been convicted of a felony or a misdemeanor of moral turpitude or has filed a petition in bankruptcy within the previous ten (10) years, or Potential Winner fails to submit the information for the background check and authorize the check electronically where instructed to do so by Contest Provider, or Contest Provider determines in its sole discretion that use of the Potential Winner in advertising might reflect unfavorably on the Primary Contest Sponsors or that the awarding of the prize may violate applicable U.S. laws or regulations, the Contest Provider may disqualify the Potential Winner. If attempted notification is returned as undeliverable, if a Potential Winner is not verified as eligible or cleared via the background check, or if a Potential Winner is otherwise ineligible to receive the award, the award will be forfeited and may be awarded to an alternate winner in Contest Provider’s sole discretion. Entrants agree that the Contest Provider has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Contest Provider are final and binding. Status as a Potential Winner is confidential and if selected as a Potential Winner you may not disclose Potential Winner status to any other person prior to the official announcement of the winner by Contest Provider. In the event that Potential Winner status is disclosed to any other person prior to the announcement of the official winner by Contest Provider, you may forfeit your status as a Potential Winner and forfeit the prize.
5. 5. PRIZES:
ONE (1) first prize commercialization award: a payment or payments of cash to official winner in the total amount of $25,000 US. Payment(s) to be provided pursuant to a grant agreement between the winner and CincyTech, as described in “General Conditions” below.
ONE (1) second prize commercialization award: a payment or payments of cash to official winner in the total amount of $10,000 US. Payment(s) to be provided pursuant to a grant agreement between the winner and CincyTech, as described in “General Conditions” below.
ONE (1) intellectual property and start-up award: provision of in-kind pro bono legal services by Taft to official winner having a fair market value of $7,500 US. Legal services will be provided subject to an engagement letter agreement between the winner and Taft, as described in “General Conditions” below.
ONE (1) LPK design and branding award: provision of in-kind design and branding services by LPK to official winner having a fair market value of $10,000 US. Services will be provided subject to an engagement agreement between the winner and LPK, as described in “General Conditions” below.
ONE (1) Round Pixel Studio web development award: provision of in-kind services by Round Pixel Studio to official winner having a fair market value of $5,000 US. Services will be provided subject to an engagement agreement between the winner and Round Pixel Studio, as described in “General Conditions” below.
ONE (1) Get Started award: provision of in-kind business accounting and advisory services by Cooney, Faulkner & Stevens to official winner having a fair market value of $2,500 US. Services will be provided subject to an engagement agreement between the winner and Cooney, Faulkner & Stevens, as described in “General Conditions” below.
ONE (1) community choice award: a check payable to official winner in the amount of $1,000 US.
GENERAL CONDITIONS: Winners are solely responsible for any taxes on their awards (including in-kind awards), and may receive an IRS Form 1099 for their award. No substitution of any award is offered, including without limitation the substitution of any in-kind award for cash or other in-kind services, except at the sole discretion of the Contest Provider and the Primary Contest Sponsors. The awards are non-transferable and non-refundable. By participating, entrants agree to these Official Rules and Contest Provider’s submitter terms and conditions (available at www.CincinnatiInnovates.com) which are final and binding in all respects. Winners and Potential Winners will be notified initially by phone and/or e-mail. Once contacted, Potential Winners will be sent a Potential Winner packet via mail and/or e-mail and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release and a Publicity Release (or similar documents) within fourteen (14) days of attempted notification or the award may be forfeited. In addition, 1) a Potential Winner of a commercialization award will be required to sign a grant agreement with CincyTech, as applicable, containing the terms and conditions applicable to the award, and 2) a Potential Winner of an in-kind award will be required to sign an engagement agreement with the award sponsor containing the terms and conditions of the sponsor’s engagement and representation of the Potential Winner and including the waiver by the Potential Winner of any actual or potential conflicts of interest arising from such representation. If an award, or any portion thereof, cannot be awarded for any reason, Contest Provider reserves the right to substitute an award with another award of equal or greater value. If for any reason the Contest is not capable of running as planned, including 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 Contest, Contest Provider reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. This Contest is offered only in the United States and is governed by the laws of the State of Ohio. Any claims or disputes relating to this Contest, these Official Rules, the FAQs and/or the Submitter Terms and Conditions must be settled in the federal or state courts located in Hamilton County, Ohio.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Contest Provider, the Primary Contest Sponsors, the other sponsors of the Contest, and any of their parents, subsidiaries, affiliates, licensees and assigns, and the respective directors, officers, employees, agents, representatives, partners, volunteers, vendors, and contractors of any of the foregoing (collectively, “Contest Parties”), resulting from any user's participation in or attempt to participate in the Contest or download of any information in connection with participating in the Contest. No responsibility or liability is assumed by the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestions on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Contest Provider is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site is at the user’s own risk. Contest Provider and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to any user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the entrant thereby releases the Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest. By accepting a prize in the Contest, Winners agree that the Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto.
7. WINNERS LIST: Official winners will be posted on the Web Site. Or, for a list of Winners, send a self addressed, stamped envelope postmarked by 9/1/12 and received by 9/21/12 to: Cincinnati Innovates “Winners List” Request, c/o CincyTech, 30 West Third Street, 6th Floor, Cincinnati, OH 45202.
8. SPONSOR: Cincinnati Innovates, a program sponsored by CincyTech, Taft Stettinius & Hollister LLP, the Carol Ann and Ralph V. Haile/U.S. Bank Foundation and other organizations.
Submitter Terms and Conditions
Please read these Cincinnati Innovates Submitter Terms and Conditions (these “Submitter Terms”) carefully prior to registering on the CincinnatiInnovates.com website, submitting any business concepts or ideas (“Submission(s)”) for consideration in Cincinnati Innovates’ (“Cincinnati Innovates”, “we”, “our”, or “us”) Contest (the “Contest”) or voting on a Submission, as you (“you” or “Submitter”) are subject to these additional terms as well as the Cincinnati Innovates Official Contest Rules and the general Cincinnati Innovates Website Terms and Conditions. Cincinnati Innovates (“Contest Provider”) is a program sponsored by CincyTech, Taft Stettinius & Hollister LLP, the Carol Ann and Ralph V. Haile/U.S. Bank Foundation and other organizations. By submitting any business concepts and/or ideas for consideration or voting on a Submission in the Contest, you represent, warrant, and covenant that you agree to be bound to these Submitter Terms. You should review these Submitter Terms regularly as they may change at any time at our sole discretion without notice or other obligation to you. Your continued participation in the Contest following such changes signifies your agreement to be bound by such changes. If you do not agree to any term or condition of these Submitter Terms, you must not post any Submissions for consideration in the Contest.
I. Submitter Contest Terms
You and all Submissions submitted by you, are subject to the terms of the Cincinnati Innovates Official Contest Rules (the “Rules”). You acknowledge and agree that you have reviewed a copy of the Rules and agree to be bound by them. We reserve the right to amend the Rules at any time, which are available on the homepage of the CincinnatiInnovates.com website. You are responsible for periodically checking to see if the Rules have been updated.
You must register on CincinnatiInnovates.com website to be a Submitter. You must provide your name and email address when you register. If Contest Provider determines at any time that the information you provided is deceptive or false, Contest Provider reserves the right, in its sole discretion, to suspend or permanently discontinue your registration and/or remove your Submission(s) from consideration in the Contest.
There are restrictions on voting. Please see the Rules for the voting guidelines. Contest Provider reserves the right to disqualify any votes made through robotic, automatic, mechanical, programmed or similar entry duplication method and to prevent further participation by any voter using such methods.
You agree not to disparage, or to make any negative statements or participate in any negative publicity regarding Contest Provider, the Contest, the sponsors of the Contest, or the Greater Cincinnati region in your submission and during the contest period.
II. Your Submission
By posting a Submission, you represent and warrant that:
your Submission comports with and does not violate the Rules;
your Submission is your idea and owned by you, and it has not been copied in whole or in part from any other work. If your Submission is owned by the company for which you work and/or by the educational institution where you work or go to school, you represent and warrant that it is owned by your company (or educational institution, as applicable) and you have the legal authority to submit it on behalf of your company (or educational institution, as applicable).
your Submission does not, to your knowledge, infringe on any third party’s copyrighted material, trademark, privacy, publicity, patent, or other proprietary right;
your Submission complies with all applicable legal and regulatory requirements of any court, agency, or jurisdiction;
any use of your Submission as contemplated under these Terms and Conditions, to your knowledge, will not infringe or violate any rights of a third party or entity, including, without limitation, copyright, trademark, patent, defamation, privacy, publicity, false light, idea misappropriation, or any contractual rights;
all statements and claims made in your Submission are true and not deceptive or misleading;
your Submission complies with content requirements for submission: i.e., it does not promote the use of alcohol, tobacco, or firearms, and is not unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, discriminatory, profane, or otherwise objectionable; and
your Submission complies with content requirement that it has a connection to Greater Cincinnati: i.e. it was invented in Greater Cincinnati, or it is the product of a student, staff or researcher of an educational institution in Greater Cincinnati, or it showcases a part of Greater Cincinnati, or you the submitter live or work or study in Greater Cincinnati, or you are originally from Greater Cincinnati.
If you post photographs or images with your Submission(s), the photographs or images may not use or contain any depiction of any trademarks, trade names, third party copyrighted material, or any material owned by any third party. Photographs or images posted with your Submission(s) may only depict individuals shown in groups and cannot depict a public figure. No individual may be prominently displayed, unless you have received prior written permission from that person(s) granting you the right to display the photograph or image for publication and use in the Contest and granting you the right to sublicense the right to use the photograph or image to Contest Provider. By submitting a photograph or image, you represent that you have received this written permission and agree to indemnify Contest Provider, the Contest’s sponsors, and their respective employees, directors, partners, volunteers, contractors and affiliates for any claims arising out of said use.
Contest Provider does not claim any ownership rights in your Submission(s). When you post your Submission for consideration in the Contest, you hereby grant to Contest Provider, the Contest sponsors, the Contest judges, and their respective affiliates and service providers, and others acting on their behalf, a worldwide, non-exclusive, royalty-free, transferable, sublicensable, fully-paid limited license to use, copy, modify, publicly perform, publicly display, reproduce, broadcast, and distribute such Submission(s) on and through the Contest websites located at www.CincinnatiInnovates.com and on and through any medium or format in any advertising or promotional material for the purpose of evaluating Submissions and/or showcasing, advertising and/or otherwise promoting the Cincinnati Innovates contest, its sponsors, Contest Provider, the Greater Cincinnati region and/or its technologies.
You understand and agree that Contest Provider has the right, in its sole discretion, not to post your Submission, to remove your Submission from the Contest, and not to use, exhibit, or otherwise exploit your Submission. Contest Provider also has the right, in its sole discretion, to disqualify you, or suspend or terminate your access to the Contest or restrict your ability to vote, if you have not complied with, or acted inconsistently with, the Submitter Terms, the CincinnatiInnovates.com Website Terms and Conditions, the Rules, or any other additional terms or agreements related to the Contest (collectively referred to as the “Governing Terms and Conditions”).
You understand and agree that you will not be paid any money for voting on a Submission(s), posting a Submission, for granting the rights to your Submission as set forth in these Submitter Terms, or for agreeing to the Submitter Terms or any of the Governing Terms and Conditions. You understand and agree that you may only be entitled to an award of a sum of money or in-kind pro bono services (a “Prize”) if you are a Contest Winner (as hereinafter defined), as determined by Contest Provider.
You understand and agree that third parties may post a Submission(s), make public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission. You acknowledge and agree that Contest Provider shall have the right to use and post such similar or identical Submission(s) and that such Submissions will be evaluated, rated and voted upon individually as set forth herein.
You understand and agree that you will not post Submissions containing viruses or spyware and that if you use the site and are affected by a virus or spyware, that Contest Provider is in no way liable for your losses.
III. The Contest Winner
As provided in the Rules, if your Submission is a potential winner, you agree to be subject to, and comply with, a background check and/or additional requests for information, which may include, but are not limited to an investigation into your criminal background and credit history.
As provided in the Rules, Contest Provider reserves the right, in its sole discretion, to overrule whatever Submission is deemed to have received the highest number of votes or the highest evaluation and award any Prize to an acceptable alternate Submitter, for to the following reasons:
The Submission, or any aspect thereof, is unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, discriminatory, profane, or otherwise objectionable;
The Submission could give rise to any civil or criminal liability under the law;
You breached any of the Governing Terms and Conditions;
The Submission, or any aspect thereof, promotes the use of alcohol, tobacco, or firearms; or
Votes towards your Submission were disqualified where the votes were made through robotic, automatic, mechanical, programmed or similar entry duplication method and without the disqualified votes, and therefore, your Submission no longer received the most number of votes; or
Contest Provider is uncomfortable awarding the Prize to such Submission because doing so may reflect unfavorably on the sponsor or contest parties, as more fully described in Section 4 of the Rules.
As discussed in the Rules, if Contest Provider determines, in its sole discretion, that you are a Potential Winner, you agree to execute and return any documents provided by Contest Provider in order to receive the applicable Prize.
IV. Limitation of Liability and Indemnification
Contest Provider will not use, and does not have any rights in, your Submission, except for the limited license enumerated above. This does not mean, however, that third parties, such as visitors to the CincinnatiInnovates.com website, will not infringe or violate your intellectual property or any other rights in your Submission. Contest Provider cannot guarantee the confidentiality or security of your intellectual property rights and cannot control the use of your Submission(s), or the ideas or concepts within them, by third parties. Therefore, you acknowledge and agree that Contest Provider, the Contest sponsors, the Contest judges, and their parents, subsidiaries, affiliates, licensees and assigns, and the respective directors, officers, employees, agents, representatives, partners, volunteers, vendors, and contractors of each of the foregoing (collectively, the “Contest Parties”) are not responsible, and are not liable, for the misuse, infringement, or violation of your intellectual property rights or any other rights, in your Submission(s) by a third party. You are solely responsible for any protection or enforcement of your intellectual property rights in your Submission(s).
You hereby release, discharge and hold harmless Contest Provider and the Contest Parties from any claim or liability, whether now existing or arising in the future, arising from or related to your Submission(s) or Contest Provider’s, or any third party’s, use thereof, or arising from or related to the Contest, or your participation therein.
You agree to indemnify, defend and hold harmless Contest Provider, the Contest Parties and third party information providers from and against all claims, suits, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys’ fees resulting from any actual or alleged violation of these Submitter Terms, the Rules, your Submission(s), or your use of, or participation in, the Contest.
V. Miscellaneous Terms
Our failure to insist upon or enforce strict performance of any provision of these Submitter Terms shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you and Contest Provider, the Contest sponsors, or their affiliates as a result of these Submitter Terms or the Governing Terms and Conditions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Submitter Terms. We may assign our rights and duties under these Submitter Terms to any party at any time without notice to you. If any provision of these Submitter Terms or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Submitter Terms, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of these Submitter Terms shall be valid and enforced to the fullest extent of the law. These Submitter Terms, together with the Governing Terms and Conditions, constitute the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. Sections II, IV, V and such other provisions that, by their terms, should survive any termination or expiration of these Submitter Terms, shall survive any termination or expiration of these Submitter Terms. The headings and titles in these Submitter Terms are for convenience only and shall not have any legal or contractual effect.
VI. Governing Law and Disputes
Any claims or disputes relating to this Contest, these Submitter Terms and Conditions or the other Governing Terms and Conditions will be governed by Ohio law and must be settled in the federal or state courts located in Hamilton County, Ohio.
This contest utilizes the Site and Services provided by Metro Innovation LLC (dba CrowdSpark). Users who access this Contest Site to view, vote, enter, or otherwise interact with the Site also agree to the Terms and Conditions of CrowdSpark, found at www.crowdspark.com/terms.