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Simulator - Terms & Conditions
Sponsored by Wright Research (“Sponsor”).
THE SIMULATOR IS VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING, YOU AGREE TO THESE TERMS AND CONDITIONS.
Eligibility: The Simulator is open to individuals (i) who are at least eighteen years old and (ii) who are invited by sponsors to participate in the Alphathon.
Participation in the Alphathon constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and Conditions (“Terms”). The term “you” refers to you, the “Participant”.
Prizes and Awards: The prizes and awards to be awarded are as follows:
The Participants whose Entries are awarded the top three (3) highest scores by the judges will be featured by Wright Research on the website & social media pages
Publicity: Except where prohibited, by participating in the Alphathon, Participant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to Participant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Sponsor’s website at http://www.wrightresearch.in, and any of the Sponsor’s social media accounts or outlets without additional compensation.
Ownership of Entries: Participant represents and warrants that the Entry does not violate any agreement or obligation to any invention assignment, proprietary information, confidentiality, non-solicitation, noncompetition or similar agreement with any employer or other person. Participant represents and warrants that the Entry is and will be Participant’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Participant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of a Participant’s Entry, infringes any of Participant’s rights as creator of the Entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” Participant hereby assigns and transfers and agrees to assign and transfer to Sponsor all right, title, and interest in and to Participant’s Entry and consequently Sponsor will have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Entry, in any manner without further compensation during and after the Alphathon. At Sponsor’s request and expense, Participant will assist and cooperate with Sponsor in all respects to execute documents, and will take such further acts reasonably requested by Sponsor to enable Sponsor to acquire, transfer, maintain, perfect and enforce their intellectual property rights and other legal protections for the Entry. Participant hereby appoints the officers of Sponsor as Participant’s attorney-in-fact to execute documents on behalf of Participant for this limited purpose. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant and Sponsor. Participants will not receive any compensation from Sponsor in connection with any Entries. Each Participant acknowledges and agrees
that Sponsor or other Participants or third parties may have developed or commissioned works which are similar to the Entry of Participant or Participant’s team, or may develop something similar in the future, and each Participant waives any claims that Participant may have resulting from any similarities to the Entry of Participant or Participant’s team.
Indemnity: agree to release, indemnify, defend and hold Sponsor and their parents, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Alphathon, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Alphathon or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Alphathon to be disrupted or corrupted; (ii) any claim than an Entry infringes third party intellectual property or proprietary rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Alphathon; (v) any printing or typographical errors in any materials associated with the Alphathon; technical errors that may impair your ability to participate in the Alphathon; or (vi) errors in the administration of the Alphathon.
DISCLAIMER. IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE Alphathon, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Alphathon is subject to federal, state, and local laws and regulations. The Alphathon is offered by Sponsor, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Alphathon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Alphathon is compromised, without liability to the Participants. Sponsor reserves the right to disqualify any Participant, as determined by Sponsor, in its sole discretion. These Terms are governed by the law of the State of New York, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Alphathon or the Terms must be brought in either the federal or state courts located in the New York, New York. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.