2021 Changemaker Challenge - Terms & Conditions

CHANGEMAKER CHALLENGE 2021 TERMS & CONDITIONS  

INTRODUCTION 

These Terms and Conditions (the “Terms”) apply to the Changemaker Challenge 2021 (the “Challenge”) created from a partnership between T-Mobile Foundation (the “Partner”) and Ashoka (collectively the “Challenge Partners”). 

DEFINITIONS 

Applicable Data Protection Law” means any applicable laws related to the protection and/or processing of personal data and privacy, anywhere in the world, each as applicable to Changemakers and the Challenge Partner and each as amended, repealed, consolidated, or replaced from time to time. 

“Applicant” refers to any individual or organization residing in the United States or Puerto Rico that makes an Eligible submission through the Service with the intention of participating in the Challenge. 

Challenge Jury” refers to the individuals selected to judge the Entries, which may include Challenge Partner employees or members of their larger networks who do not work directly for the Challenge Partners. 

Confidential Information” refers to non-public Personal Data. 

Entry” refers to any eligible submissions made by an Applicant through the Service that contains relevant information, including Personal Data, for the purposes of participating in the Challenge. 

“Personal Data” includes, but is not limited to, the following categories of information: name, address, email address, social media handle, photographs, social security number, financial information, and contact information; organization (including the organization’s name, website, phone number, and address), fields of work, languages, and location; username and password; the results of any questionnaires that you respond to; demographic information, such as age, racial or ethnic origin, and religion or philosophical beliefs; political opinions, health information, and information regarding your sex life or sexual orientation; and your personal interests. 

Service” refers to the challenges.changemakers.com/challenge/tmochangemaker2021, network.changemakers.com, and affiliated websites that are used and operated for the purpose of executing the Challenge. 

CHILDREN AND YOUTH 

If the Applicant is a minor who is over the age of 13, then the Applicant shall not submit an Entry until their parent or legal guardian has reviewed these Terms and the privacy policy and their parent or legal guardian consents to the submission of the Entry on the Service platform for the purposes of the Challenge. By submitting an Entry, the Applicant affirmatively states that they have received such consent.   

DATA PROTECTION AND CONFIDENTIALITY 

Once an Applicant submits an Entry, Personal Data can be visible on the Service platform. By submitting an Entry, the Applicant agrees that the Challenge Partners may process such information included in the Entry for the purposes of administering the Challenge.  Each Challenge Partner’s use of Applicants’ Personal Data will be in accordance with Challenge Partners’ respective privacy policies, which can be found at https://www.ashoka.org/en-us/ashokas-privacy-policy (Ashoka) and https://www.t-mobile.com/privacy-center/our-practices/privacy-policy (T-Mobile).  

The Challenge Partners will implement appropriate measures to ensure the Applicant’s Confidential Information is not actively revealed to any third-party that is not necessary to such related activities. The Challenge partners are not liable for unintentional disclosure of Personal Data, including Confidential Information, to any third party so long as such appropriate measures are in place to prevent disclosures.  

Individuals and organizations that submit an Entry can request access to, modification of, or deletion any of their Personal Data, as stipulated under Applicable Data Protection Laws, by contacting Ashoka at [email protected]

DATA USE PURPOSE AND LEGITIMACY 

The collected data will be used by the Challenge Partners and third parties involved in the Challenge for the purpose of allowing the management, monitoring and evaluation of projects and support; it is based on the Partner's legitimate interest in the management, monitoring and evaluation of its supported initiatives and projects, as well as by the Applicants’ consent. 

Applicants may request access, modification, or deletion of any of their Personal Data, as stipulated in the Applicable Data Protection Laws, by contacting Ashoka via email at [email protected] or the Partner at [email protected]

Unless prohibited by Applicable Data Protection Law, the data will be processed during the duration of the Challenge, and may be kept by the Challenge Partners, for an indefinite period, in the context of its activity of management and conservation of the cultural, intellectual, and artistic collection. 

INTELLECTUAL PROPERTY  

Applicants who submit an Entry that contains the Applicant’s intellectual property retains their individual rights to their work and any derivative works.  

By submitting an Entry, an Applicant certifies and warrants that their Entry is original and that they are the sole and exclusive owner and right holder of the submitted Entry and/or that they have the right to submit the Entry for the Challenge. Each Applicant agrees not to submit any Entry that (1) infringes any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violates applicable law in any countries in the world. 

Nothing in these Terms shall be considered or is intended to confer or transfer to either Party any ownership right or interest in any intellectual property right (such as trademark, design, symbol, etc.) of the other Party. 

CHALLENGE PRIZE VALUE  

The Partner will grant each Challenge Winning project and one T-Mobile Family Challenge Winner (the “Winner(s)”) an investment of up to $17,000 USD as a prize (the “Prize”).  

The value of each Winner’s Prize will then depend on its various merits and needs and will be determined at the sole discretion of the Challenge Jury.  

The receipt of the Prizes may be subject to different taxes, such as income tax, social security, and indirect taxes. It is the Winner’s responsibility to comply with all applicable laws, including tax laws. In this respect, the Prizes granted as gross amount, and any applicable tax will be due and payable by the Winner.  

CHALLENGE AWARD USE 

The Winner(s) agree(s) upon receipt of the Prize to use the funds exclusively to support the furtherance of the winning Entry and the purpose of the initiative as outlined in the Entry only. 

Following the awarding of the Prize, the Challenge Partners reserve the right to review documentation of the disbursements of the money paid to the winning Entry(ies). 

Winners agree to regular and appropriate monitoring and evaluations by the Challenge Partners, as well as to provide progress reports as may be required by the Challenge Partners. 

PARTICIPATION 

This Challenge is open only to Applicants residing in the United States and Puerto Rico.  By submitting an Entry, the Applicant agrees to be bound by these Terms and by the decisions of the Challenge Partners, which are final and binding on all matters pertaining to this Challenge. Prizes are awarded without warranty of any kind from the Challenge Partners or any of their affiliated companies, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. 

To the extent permitted by law, Applicants agree to hold the Challenge Partners, their subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Challenge and/or use or acceptance of any Prize awarded, except to the extent that any death or personal injury is caused by the negligence of a Challenge Partner. The Challenge Partners are not responsible for any typographical or other error in the printing of the offer, in the administration of the Challenge or in the announcement of the Challenge. An Applicant may be prohibited from participating in this Challenge if, in the Challenge Partners’ sole discretion, they reasonably believe that the Applicant has attempted to undermine the legitimate operation of this Challenge by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other Applicants, Challenge Partners, or associated agencies. 

To the maximum extent permitted by law, each Applicant indemnifies and agrees to hold the Challenge Partners, their subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Applicant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Applicant indemnifies and agrees to hold the Challenge Partner, their subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Challenge Partners will or may become liable by reason of or related or incidental to any act, default or omission by an Applicant under these Challenge Terms and Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Applicant. 

COMMUNICATION RIGHTS 

The Challenge Partners shall seek written prior approval of all communication using the participants’ intellectual property rights. Such approval shall not be unreasonably withheld or delayed. By granting their approval, the finalists grant the Challenge Partners and their affiliated companies the perpetual and free- of charge right and license to use their name, the name of the innovation and related intellectual property rights for communication in connection with the Challenge. 

JURISDICTION 

These Terms are subject to change; any change will be published on https://changemakers.com/tmochangemaker2021terms. The Terms and administration of the Challenge  will be governed by the laws of United States and the relevant court of Virginia shall have jurisdiction. 

NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in regard to the judgment of the Judges Panel for the Challenge are hereby excluded, and any Applicant expressly waives any and all such rights. 

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