Breakthrough Junior Challenge Official Rules
No Purchase Or Payment Necessary To Enter Or Win. Void Where Prohibited. Subject To All Applicable Federal, State, And Local Laws And Regulations.
These Official Rules Contain An Arbitration Agreement, Which Will, With Limited Exception, Require You To Submit Claims You Have Against Breakthrough Prize Foundation To Binding And Final Arbitration. Under The Arbitration Agreement, (1) You Will Only Be Permitted To Pursue Claims Against Breakthrough Prize Foundation On An Individual Basis, Not As A Plaintiff Or Class Member In Any Class Or Representative Action Or Proceeding, And (2) You Will Only Be Permitted To Seek Relief (Including Monetary, Injunctive, And Declaratory Relief) On An Individual Basis.
Overview. The Competition begins April 1, 2021 at 12:01 AM PDT (the “Competition Start Date”) and ends June 25, 2021 at 11:59 PM PDT (the “Competition End Date”), such period referred to herein as the “Competition Period.” The Competition is sponsored by Breakthrough Prize Foundation (the “Competition Sponsor”). Competition Sponsor’s computer is the official clock for the Competition. This is a skill-based competition and chance plays no part in the determination of any winner. This promotion is in no way sponsored, endorsed or administered by, or associated with any third party, including Facebook and YouTube. You are providing your information to the Competition Sponsor.
Eligibility. Subject to the limitations set out herein, individuals between the ages of 13 and 18 may participate. You must be 13 years of age by April 1 at 12:01 AM Pacific Daylight Time (”PDT”) to participate in the Competition, and You cannot be older than 18 years of age (not yet 19) on October 1, 2021 at 11:59 PM PDT. If You are a minor, You must have your parent's or legal guardian's permission to enter and Your parent or legal guardian must agree, on Your behalf and on his or her own behalf, to follow and be bound by these RULES and warrant that You are eligible to participate in the Competition. You cannot reside in nor be governed by countries that are prohibited by law, regulation (including United States laws and regulations or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States of America or its citizens. For additional information, please consult: www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx. Previous winners of the Competition from prior years or similar competitions sponsored by the Competition Sponsor are not eligible to participate in this Competition.
Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Group submissions are not eligible. Any donor, director, officer, employee, contractor to or of Competition Sponsor, members of the Evaluation Panel, members of the Selection Committee, members of Special Space Exploration Panel and any of the foregoing’s family members or those living in the same household are prohibited from entering the Competition. A “family member” of any individual means his or her spouse, ancestors, children, grandchildren, great-grandchildren and the spouses of his or her children, grandchildren and great-grandchildren. Additionally, any individual who is the owner of more than 20 percent of (i) the total combined voting power of a corporation, (ii) the profits interest of a partnership or (iii) the beneficial interest of a trust or unincorporated enterprise which is a substantial contributor to the Competition Sponsor is prohibited from entering the Competition. A “substantial contributor” means any individual or entity who contributed or bequeathed an aggregate amount of more than $5,000 to the Competition Sponsor, if such amount is more than two percent of the total contributions and bequests received by the Competition Sponsor before the close of the taxable year of the Competition Sponsor in which the contribution or bequest is received by the Competition Sponsor from such individual or entity. The judges are also subject to a conflicts of interest policy.
Entries that are submitted in connection with the Competition will only be eligible if such Entries (i) are in English, including all scripts and voiceovers, (ii) do not contain content that is unlawful (including any infringement or potential infringement of Intellectual Property Rights), hateful or obscene, in the Competition Sponsor’s sole discretion, and (iii) do not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual or such images are in the public domain. The Competition Sponsor will allow only those entries that meet all of these criteria, in the sole discretion of the Competition Sponsor. Entrants shall not, directly or indirectly, interfere with the fair administration of the entry or judging process or any element of the Competition process. Competition Sponsor reserves the right, in its sole discretion, to disqualify You if it determines that You have interfered with the administration of the Competition.
Content. The Content created or provided by You in connection with the Competition must be Your own. You represent and warrant that (i) Your Entry, including any Content therein, is an original work created solely by You and that You own all Intellectual Property Rights in and to the Entry, (ii) Your Entry does not violate any applicable law, rule or regulation, (iii) no other party has any right, title, claim or interest (or potential right, title, claim or interest) in the Entry (including Intellectual Property Rights), except as expressly identified by You to us in writing, (iv) You own and are free to grant to the Competition Sponsor all rights in and to Your Entry that is granted herein and (v) use of Your Entry by Competition Sponsor will not infringe, involve the misappropriation of, or otherwise violate any third party rights. You (or Your parent/guardian if a minor) agree to indemnify and hold harmless Competition Sponsor and its affiliates from and against any breach of this warranty.
By submitting Your Entry, You represent and warrant that You have the right to grant, and do hereby grant, to Competition Sponsor a royalty-free, perpetual, irrevocable, sublicensable and non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Entry and any such Content therein (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. If there are portions of the Entry that are encumbered by third party Intellectual Property Rights, it is Your responsibility to disclose them, and such third party content may cause Your Entry to be disqualified in the sole discretion of the Competition Sponsor. Any breach of any of the representations and warranties made by You or the inability by You to make the representations and warranties contained herein may result in Your Entry being disqualified in the sole discretion of the Competition Sponsor.
Under no circumstances will the Competition Sponsor be required to treat Your Entry or any Content as confidential. The Competition Sponsor will be entitled to use Your Entry and the Content for any purpose whatsoever without permission from or compensation to You or any other person. For the avoidance of doubt, the Competition Sponsor will not be liable to, or owe any consideration to, You or any other person for any ideas for the Competition Sponsor’s business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of the Competition Sponsor.
How to Submit an Entry. To submit an Entry for the Competition, go to breakthroughjuniorchallenge.org (the “Website”), click “Enter” at the top of the webpage and follow the on-screen instructions to complete the application form to receive one (1) Entry into the Competition. In order for your Entry to be valid and complete, You must also review at least five (5) other Entries from other entrants (“Peers”), as further described below. In addition, Your video submission must be three (3:00) minutes or under according to the clock on YouTube. Your video must not be marked as private or Competitor Sponsor will not be able to view and judge Your entry in the Competition. Any video that is over three (3:00) minutes or marked as private may be disqualified from the Competition in the sole discretion of the Competition Sponsor.
Limit to one (1) Entry per person during the Competition Period. You may not Enter under more than one true and uniform identity; multiple Entries from an entrant are not allowed and may be disqualified. ALL ENTRIES MUST BE RECEIVED BY June 25, 2021 at 11:59 PM PDT. Once submitted, Your Entry becomes the exclusive property of the Competition Sponsor and will not be acknowledged or returned. Proof of submission of an entry does not constitute proof of receipt by Competition Sponsor.
Competition Sponsor may disqualify, in its sole and absolute discretion, Entries that are or allegedly are (i) not reasonably pertinent to the subject matter of the Competition, (ii) duplicates (or near duplicates) of previous Entries, or (iii) illegible, incomplete, forged, altered or mechanically produced or reproduced. Any Entry otherwise in violation of these RULES in the sole discretion of the Competition Sponsor may also be disqualified. Participation in the Competition is voluntary and does not require You to purchase anything from the Competition Sponsor.
The Competition Sponsor will have no obligation (express or implied) to use or display any Entry and may at any time abandon the use of Your Entry for any reason, or for no reason. You (or Your parent/guardian if a minor) agree to defend, indemnify and hold the Competition Sponsor harmless from and against, any claims, liabilities, actions, damages, costs and expenses (including attorneys' fees) arising out of or in connection with the Your Entry or Your participation in the Competition.
Selection of Winner.
Assessment Phases: There are four phases of assessment for each qualified Entry, which are listed below.
- First Phase. Upon submitting Your Entry, qualified Entries will be distributed to other entrants during a Peer-to-Peer review of those Entries. You will be required to review at least five (5) other Entries from Your Peers by July 10, 2021 at 11:59 PM PDT. If You do not complete those reviews, Your participation may be terminated, resulting in the disqualification of Your Entry. You may be asked to review and score additional Entries. If you would like to review and score additional Entries, you may score a maximum of 100 Entries with a limit of twenty (20) Entries per day. Please read and understand the TRAIT SCORING RUBRIC located at breakthroughjuniorchallenge.org/judging which contains the objective criteria that You will use to review the Peers’ Entry. The TRAIT SCORING RUBRIC provides four (4) criteria, each of which are scored on a 5-point scale. The scores from each Peer-to-Peer review will be statistically normalized using an algorithm, which will populate a rank order of the Entries. The top Entries (up to seventy-five (75), which shall include at least ten (10) Space Exploration videos) will be subjected to an administrative review by the Competition Sponsor to ensure compliance with all of the requirements of the Competition (“Administrative Review”). If such Entries are deemed to pass such Administrative Review, they will advance to the next phase, outlined below (such Entries, the “First Phase Finalists”). Please note that this process was designed to utilize the skills and talents of the entrants and to increase the exposure to the Entries. Therefore, we hope that You will approach the Peer-to-Peer review process as an educational experience and with good faith by providing an honest and sincere assessment of the Peers’ Entries.
- Second Phase. Each of the First Phase Finalist's Entries will receive a minimum of five (5) reviews by randomly selected members of an evaluation panel, which consists of experts who are identified on the Website (the “Evaluation Panel”). The Evaluation Panel will utilize the same review process described in Section 5(a) for each assigned First Phase Finalist. Based on a rank order of these scores, the top Entries (up to thirty (30) inclusive of the top 2 videos from each of the 7 Geographic Region) will be subjected to a second Administrative Review. If such Entries are deemed to pass such Administrative Review, they will advance to the next phase, outlined below (the “Third Phase”).
- Third Phase.
- Popular Vote: (A) Up to 30 videos comprised of the top 2 videos from each of the 7 Geographic Regions below and the top scoring videos from the Evaluation Panel review, and (B) if not already included under 5(c)(i)(A), up to 10 videos pertaining to Space Exploration who rank the highest from the Evaluation Panel review amongst other Space Exploration videos (such Entries related to Space Exploration under 5(c)(i)(A) and (B), the “Space Exploration Entries” and all Entries under 5(c)(i)(A) and (B), the “Popular Vote Entries”), will be posted on the Breakthrough Prize Facebook Page (in a randomized order) for a period of 16 days. All entrants, friends of entrants and the general public will be invited to “like” their favorite Entry. The Popular Vote Entry and the Space Exploration Entry with the highest combined total of Likes and positive reactions (Love, Haha, Wow) on the video’s original post on our Breakthrough Facebook page as of September 20, 2021 at 11:59 PM PDT will be moved to the Fourth Phase, as described below (the “Popular Vote Top Scorers”). The top-scoring Popular Vote Entry and the top-scoring Space Exploration Entry in the Popular Vote may be the same Entry. The top-scoring Space Exploration Entry in the Popular Vote may also receive special recognition for this accomplishment, including having their video posted on our Website and the opportunity to attend a rocket launch.
- Regional Champions. Additionally, the top scoring video (combined total of Likes and positive reactions (Love, Haha, Wow) on our Facebook page from each of the 7 Geographic Regions will be named a “Regional Champion.” All 7 Regional Champions will be posted on our Website as well as the Finalist videos (fifteen (15)) and the Popular Vote Top Scorers.
- North America (US / Canada)
- South America & Central America / Mexico / Caribbean
- Asia (including China)
- Middle East / Africa
- Australia / New Zealand
Geographic Regions (7):
- Fourth Phase.
- The Finalists will be reviewed by a selection committee consisting of the experts identified on this Website (the “Selection Committee”). The highest scoring “Finalists” from the Selection Committee Review (up to 5) will move to the Fourth Phase based on the TRAIT SCORING RUBRIC. The Competition Sponsor shall assess such top five (5) Entries and the top scoring Popular Vote Entry in the Popular Vote and select the winner based on the TRAIT SCORING RUBRIC. The Chairman of Competition Sponsor shall have final, sole and absolute responsibility to select the Winner at the conclusion of the Fourth Phase (the “Winner”).
- Space Exploration: The top-scoring Space Exploration Entry in the Popular Vote and the 3 Space Exploration Entries that score the highest from the Evaluation Panel Review from Phase 2 above will be judged by a Special Space Exploration Panel with expertise in the field of Space Exploration, including the Chairman of the Competition Sponsor, in accordance with the TRAIT SCORING RUBRIC. The highest scoring entry of the Special Space Exploration Panel will be the “Space Exploration Champion.” A single entry may be both the Winner and the Space Exploration Champion.
- Tiebreaker. Where a tie occurs in any of the phases above, entrants who are tied will be further ranked according to a secondary score provided by the same evaluators. If the secondary score is also equal among a sub-set of ties, the Chairman of the Competition Sponsor shall determine the final rank order by using the TRAIT SCORING RUBRIC described in Section 5(a).
The Competition Sponsor, in its sole discretion, will determine if there will be an in-person prize ceremony. If circumstances permit, the Winner will be announced in November 2021 at the Breakthrough Prize Ceremony and the selection of the Winner shall be binding on You and all entrants. The Winner hereby agrees to participate in any videos relating to the announcement of the Winner of the Competition, including a video of the Winner being informed that the Winner has won the Competition. The Winner will be required to attend an award ceremony scheduled in November 2021 (date to be announced; timing subject to change).
Grant of Rights: Except where prohibited by law, by submitting an Entry, You hereby irrevocably grant to Competition Sponsor and its parents, subsidiaries, affiliates, legal representatives, assigns, agents, and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, and/or otherwise use or reuse, without limitation, Your Entry, as submitted or as edited, altered, or modified in any way by the Competition Sponsor or its respective designee(s), in the Competition Sponsor’s sole discretion, in any media throughout the world for any purpose, without limitation and without additional review, compensation, or approval from You or any other party. You also grant the Competition Sponsor the right to use Your name, city and state, image, voice, likeness, photos, statements, biographical materials, Prize information and other material and information, without limitation, for the Competition Sponsor’s promotional purposes without further permission or compensation. For the avoidance of doubt, you acknowledge that Competition Sponsor may report your Entry to its other social media sites and channels, including but not limited to Competition Sponsor’s YouTube page, or may include your name or likeness in promotional videos, press releases or similar announcements related to the Competition or announcement of the Winner, and that any such posts, videos, releases or other content may be branded with Competition Sponsor’s logo.
You (Or Your Parent/Guardian If A Minor) May Be Required To Execute Such Documents And Take Such Actions As May Be Required By The Competition Sponsor, Including, Without Limitation, Executing Documents To Irrevocably Assign And Transfer To The Competition Sponsor Any And All Rights, Title, And Interest In The Entry And Submission, Including, Without Limitation And As Applicable, All Copyrights, And Forever Waive All Moral Rights In The Entry And Submission, Any Rights Of Privacy, Intellectual Property Rights, And Any Other Legal Or Moral Rights That Might Preclude The Competition Sponsor’s Use, Alteration, Or Modification Of The Entry And/Or Submission, Or Require Your Permission To Use It For Any Purpose, And Agrees To Never Sue Or Assert Any Claim Against The Competition Sponsor Or Any Entity Acting Pursuant To The Competition Sponsor’s Direction For Any Use, Alteration Of Such Entry And/Or Submission. Further, to the extent that You did not film the entirety of the Entry Yourself, Competition Sponsor may request that You (or Your parent/guardian if a minor) secure from any videographer an irrevocable assignment and transfer to Competition Sponsor all of any such videographer’s right, title and interest in and to the Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Any failure by You to secure such requested irrevocable assignment and transfer from a videographer may result in Your disqualification from the Competition, in the sole discretion of the Competition Sponsor.
Winner Notification and Prize Claim. During or prior to November 2021, an email notification will be sent to the Winner to the email addresses provided at the time of Entry. The Winner will be required to verify his or her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) business days of attempted mail notification, or the Prize may be forfeited and the entrant with the next highest score may be contacted as an alternate winner. If the Winner is a minor in his/her state or country of residence, such minor’s parent or legal guardian must sign and complete the Affidavit of Eligibility/Liability Release, and, where lawful the Publicity Release on such minor’s behalf. If the Prize is forfeited for any reason, the entrant with the next highest score may be contacted as an alternate Winner.
One (1) Prize (“Prize”) will be awarded to the Winner consisting of: a $250,000 college scholarship (“Scholarship”) and renovations to the Winner’s school (“School”) valued up to $100,000 for the renovation or addition of a science lab. As part of the Prize, the Winner will also elect one teacher (“Teacher”) who has inspired the Winner in the field of science or mathematics, and such teacher will be awarded $50,000. The Competition Sponsor will (i) coordinate the renovation details with the School, (ii) supply a team to work on remodeling, and (iii) pay up to $100,000 for all approved expenses associated with the renovation. The total approximate retail value of the Prize is $400,000.
There are specific restrictions on the Prize, including, but not limited to:
- Scholarship can only be used for education-related expenses including tuition and fees, required books and supplies, on-campus room and board and other education-related expenses (as approved by Competition Sponsor) at an accredited post-secondary educational institution for undergraduate enrollment.
- The scholarship amount for a particular year is not to exceed the total cost of tuition, fees and education-related expenses. The amount of education related expenses may be determined by your school financial aid representative annually and documented on a School Cost/Enrollment Verification Form.
- Post-secondary educational institutions must be accredited undergraduate institutions or non-U.S. equivalents.
- Scholarship will be paid directly to the post-secondary undergraduate educational institutions in which Winner is enrolled.
- Scholarship must be used within 8 years of graduation from secondary school or will be forfeited in whole or in part.
- Scholarship is personal and is not assignable to any other student in whole or in part.
- Any unused portions of the Prize will be returned to the Competition Sponsor and the Winner shall have no further claim.
- Competition Sponsor will endeavor to treat Scholarship as exempt from taxes, but any portion that is ineligible will be the responsibility of the Winner.
- Right to receive the Prize is contingent on signing any required agreements provided by the Competition Sponsor, and failure to do so may result in disqualification from the Competition resulting in the selection of an alternate Winner at the Competition Sponsor’s sole discretion.
- Teacher and/or School may also be required to sign agreements with Competition Sponsor in order to receive the Prize.
- Teacher and/or School has the right to reject the Prize.
- The Competition Sponsor has the sole discretion to reserve any portion of the Prize if the Winner, Teacher or School is not properly verified or does not meet the requirements set forth in these RULES.
- School must confirm the eligibility to receive the Prize, including providing evidence of being a nonprofit or governmental institution or its international equivalent, in each case in accordance with the Internal Revenue Code of 1986, as amended.
- If You are home schooled or otherwise not enrolled in a school that is eligible to receive the lab Prize, You may recommend a recipient school, but the decision whether or not to award a lab and to which school shall each be in the sole and absolute discretion of the Competition Sponsor.
- The Prize shall be paid in a manner and on the timeline to be determined in the discretion of the Competition Sponsor.
- No assignment, substitution, exchange, or cash equivalent will be allowed, except at Sponsor’s sole discretion. The Winner may not request a division of the Prize.
- The Winner is solely responsible for all costs and expenses associated with the Prize not expressly stated in these RULES.
The Space Exploration Champion and one (1) parent or adult legal guardian (“Chaperone”) will be given the opportunity to attend a rocket launch on a date to be determined, most likely in 2022 (the “Space Prize”). The Space Prize includes round trip, coach-class air transportation for the Space Exploration Champion and Chaperone from the major airport nearest the Space Exploration Champion (determined by the Competition Sponsor in its sole discretion), transportation to and from the airport and hotel; two (2) nights’ accommodations at a hotel of the Competition Sponsor’s choice (one room, double occupancy, subject to availability) (or similar type lodging) located near the Launch Site. Additional terms and conditions may apply to any such events or attractions. Additional requirements and details for receipt of the Space Prize will be imposed and provided, respectively, by Competition Sponsor from time to time, and the Space Exploration Champion acknowledges and agrees that in order to receive part or all of the Space Prize, the Space Exploration Champion and Chaperone must comply with such additional terms/requirements.
The Space Exploration Champion and Chaperone must be available to travel during the dates leading up to and following the Space Launch as necessary to attend and receive the prize, which will be confirmed by Competition Sponsor at a later date, or forfeit the prize. Entrants understand that travel dates may be provided on short notice. All travelers must travel together and on the same itinerary. Travel must be round trip. Competition Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these RULES, and those set forth by Competition Sponsor's airline carrier of choice as detailed in the passenger ticket contract. Competition Sponsor is not responsible if any scheduled flight, the rocket launch, or any other event or attraction is delayed, postponed or cancelled for any reason and the Space Exploration Champion will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures. The Space Exploration Champion and Chaperone must execute liability/publicity releases prior to issuance of any portion of the prize. Restrictions, conditions and limitations may apply.
Approximate Retail Value (“ARV”) of the Space Prize package is $20,000. The actual value of travel may vary based on airfare fluctuations and distance between departure and destination. The Space Exploration Champion will not receive the difference between the actual value of the prize or any prize component and the ARV of such prize or prize component.
Upon request, the Space Exploration Champion shall verify his or her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release or other similar writing as may be required by the Competition Sponsor, or the Space Prize may be forfeited. If the Space Exploration Champion is a minor in his/her state or country of residence, such minor’s parent or legal guardian must sign and complete the aforementioned documentation. The Space Prize is personal and is not assignable to any other person or entity. All federal, state, provincial and local or other taxes on the Space Prize, including income and/or sales taxes, are the sole responsibility of the Space Exploration Champion. All entrants agree that information provided by Competition Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.
The Space Exploration Champion is solely responsible for all costs and expenses associated with the Space Prize not expressly stated in these RULES.
Limitation of Liability and Release. By submitting Your Entry, You (or Your parent/guardian if a minor) agree to release, discharge and hold harmless the Competition Sponsor, Cold Spring Harbor Laboratory, members of the Evaluation Panel, members of the Selection Committee, members of Special Space Exploration Panel, Facebook, YouTube and their respective partners, affiliates, subsidiaries, advertising agencies, consultants, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters, agents, employees, officers, directors and representatives (all of the foregoing, the “Released Parties”) from any Loss arising out of Your participation in this Competition and the acceptance and use, misuse, or possession of any Prize. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Entries or Application forms; or alteration of Entries or Application forms. Released Parties are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to this Competition. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Competition and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Competition-related website(s).
If for any reason, the Competition or fulfillment of the Space Price are not capable of running as planned (e.g., as a result of restrictions related to the COVID-19 pandemic, political instability, security threats, government regulations and restrictions, flight related delays or cancellations, or other mitigating factors), the Competition Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition or fulfillment of the Space Prize and/or proceed with the Competition or fulfillment of the Space Prize, including the selection of the Winner and the Space Exploration Champion in a manner it deems fair and reasonable (with or without reference to the public votes). The Competition is subject to all federal, state, and local laws and regulations. The Competition or fulfillment of the Space Prize may be canceled, terminated, modified or suspended, and You should check back periodically. Your continued use of the website and/or Your entry into and ongoing participation in the Competition indicates your acceptance of any cancellation, termination, modification or suspension.
Without limiting the foregoing, everything regarding the Competition, including the Website and the Prize, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Governing Law. This Competition Is Void Where Prohibited. Entrants agree that this Competition shall be subject to and governed by the laws of the State of California and the United States of America.
Arbitration Agreement; Dispute Resolution By Binding Arbitration.
Please Read This Section Carefully As It Affects Your Rights.
Agreement to Arbitrate: This Section is referred to in these RULES as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between You and the Competition Sponsor, whether arising out of or relating to these RULES, the Competition, Your participation in the Competition, the Prize, acceptance, possession, use or misuse of the Prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. Further, this Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by participating in the Competition, You and the Competition Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition Of Class And Representative Actions And Non-Individualized Relief: You And The Competition Sponsor Agree That Each Of Us May Bring Claims Against The Other Only On An Individual Basis And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Action Or Proceeding. Unless Both You And The Competition Sponsor Agree Otherwise, The Arbitrator May Not Consolidate Or Join More Than One Person’s Or Party’s Claims And May Not Otherwise Preside Over Any Form Of A Consolidated, Representative, Or Class Proceeding. Also, The Arbitrator May Award Relief (Including Monetary, Injunctive, And Declaratory Relief) Only In Favor Of The Individual Party Seeking Relief And Only To The Extent Necessary To Provide Relief Necessitated By That Party’s Individual Claim(s).
Pre-Arbitration Dispute Resolution: The Competition Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Competition Sponsor’s support team at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Competition Sponsor should be sent to Breakthrough Prize Foundation, c/o 1900 N Street, NW, Washington, D.C. 20036 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Competition Sponsor and You do not resolve the claim within sixty (60) calendar days after the Notice is received, You or the Competition Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Competition Sponsor or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or the Competition Sponsor is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these RULES as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these RULES and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Competition Sponsor and You agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If Your claim is for $10,000 or less, the Competition Sponsor agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause 11 (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause 11 (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these RULES will continue to apply.
Winner List. The name of the Winner will be posted on the Website after verification and announcement of the Winner and will remain posted for at least ninety (90) days thereafter.
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