DESCRIPTION OF THE COMPETITION. The 2018 BigCommerce Innovation Awards Competition (the “Competition”) is an international skill contest offered by BigCommerce Pty. Ltd. (the “Sponsor”) which recognizes noteworthy technical achievement and ecommerce innovations or their designers headquartered in an Eligible Jurisdiction an international contest recognizing noteworthy technical achievement and ecommerce innovations resulting in significant operational gains, technological achievement, and creative implementation of the BigCommerce platform that utilizes the BigCommerce ecommerce solution (“BigCommerce Solutions”).
The judges will select one Grand Prize winner and four Category Winners from all eligible entrants. The Grand Prize will be awarded to the entity that submitted the most innovative solution as indicated on the Competition entry form, and not to any individual employee of that entity.
ELIGIBILITY TO PARTICIPATE IN THE COMPETITION.
THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
To be eligible to participate in the Competition and win a Prize, participants must: (a) have an existing paid account in good standing for BigCommerce Solutions prior to the “Competition Period”, as defined below and effective as of the date of the participant’s entry in the Competition; (b) be headquartered in the United States of America, (excluding Arizona and Maryland), Australia, New Zealand, Canada, or the United Kingdom (each an “Eligible Jurisdiction”); and (c) maintain an active BigCommerce Solutions account throughout the Competition and continuing to the date on which Prizes are awarded and distributed by the Sponsor.
An entry to the Competition must be submitted on behalf of the entity that maintains an account with BigCommerce Solutions. The entry may be submitted by an owner, officer or manager of the entity who is authorized to enter the “Participant”, as defined below, into the Competition. All entries will be deemed to have been submitted on behalf of and by the Participant or merchant that submits the store to which the entry pertains.
A shareholder, officer, manager or employee of Sponsor or its parent, affiliate, or subsidiary companies, or any person involved in the development, promotion, marketing, advertising, administration, or judging of this Competition, is not eligible to enter or to win the Competition.
Each eligible entity that enters this Competition will be referred to in these Terms as a“Participant.” For the purposes of these Terms and Conditions, “Partner” means an enrollee in BigCommerce’s Partner Program, described in more detail here: https://www.bigcommerce.com/partners/
ACCEPTANCE OF TERMS AND CONDITIONS. As a condition to entering this Competition and receiving any Prize, each Participant must accept and agree to these Terms and Conditions (“Terms”), which become a binding legal agreement between the Participant and Sponsor. By submitting an Entry Form to the Competition, a Participant will be deemed to have reviewed and accepted these Terms.
HOW TO ENTER. Participants may enter the Competition from 8:00 am CDT on September 17, 2018, through 11:59 pm CDT on October 7, 2018 (the “Competition Period”):
The Winners of the Competition will be announced during the month of November, 2018.
To enter the Competition during the Competition Period, a prospective Participant must submit the following material and information (collectively, the “Entry”) at the website located at www.bigcommerce.com/awards/innovation (the “Competition Website”):
ENTRY REQUIREMENTS. All Entries must meet the following requirements: (a) the Entry must be from a storefront owned or operated by the Participant or submitted by a Partner on behalf of a Participant that owns or operates the storefront;(b) he Entry must be in English and conform to any format requirements specified on the Competition Website;(c) the Entry may not feature or contain any material showing unsafe behavior or situations, alcohol or tobacco use, weapons, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements, false or misleading advertising, or any other material considered illegal or inappropriate; and (d) the Entry must be the original work of the Participant (except for public domain material or material licensed or provided by third parties retained by Participant to create the store or templates provided by BigCommerce Solutions) and must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry.
By submitting an Entry, a Participant represents and warrants to the Sponsor that Participant has all necessary right, title and interest to submit the Entry, that the information and content set forth in the Entry is accurate and complete, and that by submitting the Entry to the Competition, Participant is not and will not be violating any contract or third party rights, including any patent, copyright, trade secret, proprietary or confidential information, trademark, publicity or privacy right.
The clock on Sponsor’s computer used for the Competition will be the official clock for the Competition. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, or misdirected Entries, all of which will be disqualified. Sponsor will have no liability for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled, or delayed computer transmissions or any combination thereof; or for any error, human, technical, or otherwise.
SELECTION OF WINNERS. At the end of the Competition Period, a panel of judges selected by Sponsor (collectively, the “Judges”), will select one (1) Grand Prize winner (the “Grand Prize Winner”) and four (4) Category winners (the “Category Winners”) and, together with the Grand Prize Winner, the “Winners”) from all eligible Participants based on project scope, technological achievement, creative implementation of the BigCommerce platform and resulting business impact. In the event of a tie, the Winner of the Grand Prize or a Category Prize will be determined by executive determination of the Sponsor. All decisions of the Judges and the Sponsor are final and binding on all Participants.
PRIZES. The following prizes (“Prizes”) will be awarded:
(i) Grand Prize Winner. The Grand Prize Winner will receive two badges to a retail conference of the Winner’s choice in the Winner’s country, which will include all reasonable travel, room and board expenses subject to a maximum sum of $10,000, a $5,000 cash prize from BigCommerce and a PayPal Grant of $5,000. “Partners”, as defined above, are not eligible to win the Grand Prize.
(ii) Category Winners. There will be four Category Winners. Each will receive a cash award of $3,000 and recognition as a BigCommerce Innovation Award winner on the BigCommerce website, blog and social channels.
NOTIFICATION OF GRAND PRIZE WINNER. The Winners will be notified during the month of November, 2018, by e-mail, regular mail, or phone, at the e-mail address, mailing address, or phone number provided by the winning Participants in registering for the Competition. The form and manner of notification is at Sponsor’s sole discretion. Participants are responsible for updating their contact information for purposes of Prize notifications. If a Winner notification or attempted notification is returned undeliverable, or if a Grand Prize Winner or a Category Winner does not respond to a Prize notification within ten (10) days of the date of such notification, their applicable Prize will be forfeited and may be awarded at the Judges discretion to an alternative Participant based on the above-described criteria. The Grand Prize Winner and the Category Winners will be required to execute and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (except where prohibited by law) and applicable tax documents in such form as designated by Sponsor. If these documents are not executed by any Winner and received back by Sponsor within ten (10) days of the date they are mailed by Sponsor, the applicable Prize will be forfeited and an alternative Winner selected in accordance with the criteria set forth in these Terms.
OTHER PROVISIONS REGARDING THE PRIZE. “Partners”, as defined above, are not eligible to win Prizes. The Prizes are not transferable and no prize substitution is available, except that Sponsor may substitute another prize of equal or greater value in place of the stated Prize, to the extent permitted by applicable law. Any Prizes other than cash itself are not redeemable in cash.
The Sponsor reserves the right to disqualify an Entrant at any time and for whatever reason as the Sponsor, in its discretion, may determine, including, but not limited to, plagiarism, misappropriation or infringement of the intellectual property of others, and any failure to comply with these Terms. Disqualified Entrants shall forfeit any and all Prizes awarded to them.
TAXES. The Grand Prize Winner and the Category Winners are each solely responsible for paying, and agree to indemnify and hold harmless Sponsor from and against, any and all applicable federal, state, and local taxes that may be imposed in connection with any Prize they are awarded.
NO CONFIDENTIALITY. Any information or data disclosed in the Competition or in an Entry (“Submitted Information”) should be considered information that is likely to enter the public domain. Participants agree and acknowledge that the Sponsor will not treat Submitted Information as confidential and that Sponsor may make such Submitted Information available to the public, including, but not limited to, posting such Submitted Information on the Internet and in a “Broadcast”, as defined herein.
INTELLECTUAL PROPERTY RIGHTS. As between BigCommerce and the Entrant, and subject to these Terms, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the content that is submitted in the Competition (excluding BigCommerce's rights in the BigCommerce logo, trademark, products and services). As a condition to entering this Competition, each Participant, and each Partner that a submits an Entry on behalf of a Participant, grants to Sponsor and each of its parent, subsidiaries, affiliates, employees, licensees, designees, successors, and assigns as well as any and all Judges for the Competition (collectively the “Sponsor Entities”), a fully transferable, perpetual, irrevocable, and royalty-free worldwide license to reproduce, distribute, modify, publicly display, publicly perform, publish, and otherwise use the Entry in any and all media and formats, whether now known or hereafter developed, and for any purpose, including without limitation: (a) any purpose relating to the Competition; (b) the marketing, advertising, and promotion of the Competition; and (c) the marketing, advertising, promotion, and development of Sponsor’s products and services, including without limitation, the BigCommerce ecommerce solutions. These uses may include, but are not limited to, posting the Entry on any internal or public external websites and the Internet, and transmitting the Entry to the Judges for evaluation of the Entry. Each Participant agrees, upon Sponsor's request, to do or perform all such actions and execute all such further documents and instruments as may be necessary or advisable in order to perfect or otherwise make the above license grant fully effective.
RIGHTS TO COMPETITION PROGRAM, BROADCASTS OR MEDIA. The Sponsor shall exclusively own all proprietary and intellectual property rights to the video, broadcasts, webcasts, sound recordings, streaming , applications and all performances in any form or media of all or any portion of the Competition or any advertising or promotion related to the Competition, including the video and sound recording containing any images and speech of the Entrant or its employees or agents (collectively “Broadcasts”).
RELEASE OF LIABILITY. By entering the Competition, and to the maximum extent permitted by law, each Participant agrees to release, and hereby does release all of the Sponsor Entities and any of their directors, officers, employees, and agents from any and all liability, losses, costs, damages, claims or injuries arising out of the Participant’s participation in this Competition, including, without limitation, the awarding, receipt, use and/or misuse of any Prize or participation in any Prize-related travel or other activity (the “Release”). The Release will include claims by the Trip Participants with respect to personal injury, death, property damage, and, or invasion of privacy.
PUBLICITY. By participating in the Competition, the Participants, Winners, and any Partner that submitted an entry on behalf of a Winner (“Releasors”), agree that Sponsor may use and publicize, in any form or media, the company names, logos and trademarks, background information, and submitted store entered by Releasors in the Competition.
WARRANTY & DISQUALIFICATION. Each Entrant agrees not to submit a store that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law. Sponsor reserves the right to disqualify any participant found tampering with the entry process or with the operation of the competition, or engaging in any form of fraudulent activity or unsportsmanlike conduct, or violating these official rules. Any attempt by a participant to deliberately damage or undermine the legitimate operation of the Competition may be in violation of criminal and civil laws and will result in disqualification of such participant. Should such an attempt be made, sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such participant to the fullest extent of the law, including criminal prosecution.
WINNER’S LIST. The Winners will be notified during the month of November, 2018 and their company names and logos will be posted on the BigCommerce website, blog and social channels after the winners have been announced and notified in November, 2018
DISCLAIMERS. PARTICIPANTS AGREE THAT THE COMPETITION WEBSITE AND ANY PRIZE AWARDED ARE BEING PROVIDED “AS IS”, AND THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE COMPETITION WEBSITE OR THE PRIZE, INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SPONSOR ENTITIES MAKE NO WARRANTY THAT: THE COMPETITION WEBSITE AND ANY CONTENT, FEATURES, OR FUNCTIONALITY OFFERED THEREON WILL : (i)MEET ANY REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii)THAT THERE WILL BE NO ERRORS IN THE COMPETITION WEBSITE OR ANY CONTENT, FEATURES, OR FUNCTIONALITY OFFERED THEREON. THE SPONSOR ENTITIES ALSO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO PARTICIPANT’S COMPUTERS OR DATA, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE COMPETITION WEBSITE OR ANY CONTENT OBTAINED FROM THE COMPETITION WEBSITE.
NO VIRUSES. Participants agree to not upload, post, or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses, or other harmful components or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
CANCELLATION. Sponsor reserves the right to cancel, modify, postpone, extend the deadlines, or end the Competition at any time, in its sole discretion. Without limiting the foregoing, Sponsor reserves the right to modify, suspend, or terminate this Competition in the event that it becomes technically impaired or if the Competition cannot be conducted as planned by causes beyond the control of the Sponsor.
GOVERNING LAW. All claims arising out of this Competition and all issues and questions concerning the construction, validity, interpretation, and enforceability of the Terms, or the rights of Participants, shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America, without regard to conflicts of law principles.
DISPUTE RESOLUTION. All disputes, controversies, or claims arising out of or related to the Competition shall be submitted for arbitration to be administered by the American Arbitration Association ("AAA") on demand of either party. Such proceeding shall be conducted in the English language in Austin, Texas before a panel of three (3) arbitrators and shall be conducted in accordance with the then current Commercial Arbitration Rules of the AAA. Each party shall appoint one (1) arbitrator and the two (2) arbitrators so appointed shall appoint a third arbitrator to act as Chairman of the tribunal. If a party fails to nominate an arbitrator within thirty (30) days of the commencement of the arbitration, such appointment shall be made by the AAA. The two (2) arbitrators thus appointed shall attempt to agree upon the third arbitrator to act as Chairman. If said two (2) arbitrators fail to nominate the Chairman within thirty (30) days from the date of appointment of the second arbitrator to be appointed, the Chairman shall be appointed by the AAA. Unless otherwise provided in this Section, all matters within the scope of the Federal Arbitration Act of the United States (9 U.S.C. §1 et seq.) shall be governed by it. The arbitrators shall have the right to award or include in their award any relief which they deem proper in the circumstances, provided that the arbitrators shall not have the authority to award exemplary, punitive damages, or statutorily enhanced damages. The decision of the arbitrators shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Arbitration shall be the exclusive final remedy for any dispute between the parties. Any and all disputes, claims, and causes of action arising out of or in connection with the Competition, or any Prizes awarded, shall be resolved individually without resort to any form of class action. No claim for arbitration under this provision may be made more than one (1) year after the date the Grand Prize Winner of the Competition is announced.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, TREBLE OR COMPENSATORY DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION WAIVER AND LIMITATION OF LIABILITY MAY NOT APPLY TO ALL PARTICIPANTS.
SEVERABILITY. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
SPONSOR. BigCommerce Pty. Ltd., 11305 Four Points Drive Building 2, 3rd Floor, Austin, TX 78732.