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  Program Rules

 

Be a Marketplace Risk Solution Provider Program Rules

Any company that enters, attempts to enter or in any way participates or attempts to participate in Marketplace Risk Solution Provider Excellence Program (“Program”) conducted by Marketplace Risk Management LLC (hereinafter referred to as the “Marketplace Risk”) (each such company hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Program Rules (“Program Rules”), as well as by Marketplace Risk’s interpretations of these Program Rules which are final and binding in all matters relating to the Program.

1. ELIGIBILITY

The Program is open to only to for-profit and nonprofit business entities including, without limitation, corporations, limited liability companies and limited liability partnerships, that are in good standing in their state or jurisdiction of incorporation. No purchase is necessary to participate in the Program. Any purchase, if available, will not improve recognition in the Program.

2. HOW TO ENTER

Program entries may be submitted as prescribed by Marketplace Risk. Entrants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify. As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Program (including, but not limited to your submission). By submitting any Content, Entrant warrants and represents that such Content: (a) is original work, (b) has not been copied from others, (c) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (d) includes permissions from any person whose name or likeness is used in the Content, and (e) and that publication of the Content via various media including websites and social media, will not infringe on the rights of any third party. Any such Entrant will indemnify, defend and hold harmless Marketplace Risk from any claims to the contrary. Any Entrant whose Content includes names or likenesses of third parties or contains elements not owned by the Entrant must be able to provide legal releases for such use including Marketplace Risk’s use of such Content, in a form satisfactory to Marketplace Risk, upon request. Marketplace Risk reserves the right to remove or void any Content that it deems to be in violation of these Program Rules, in its sole and absolute discretion.

By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place Marketplace Risk under any fiduciary or other obligation, that Marketplace Risk is free to use and otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Marketplace Risk does not waive any rights to use similar or related ideas previously known to Marketplace Risk, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT THE CONTENT MAY BE POSTED ON MARKETPLACE RISK’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY MARKETPLACE RISK, IN MARKETPLACE RISK’S DISCRETION. In consideration for your participation in this Program, you hereby grant Marketplace Risk an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

ALL DECISIONS REGARDING THE APPROPRIATENESS OF ALL CONTENT SHALL BE AT THE SOLE AND ABSOLUTE DISCRETION OF MARKETPLACE RISK. Marketplace Risk reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as programming and operating practices and policies established by Marketplace Risk. Any waiver of any obligation hereunder by Marketplace Risk does not constitute a general waiver of any obligation to Entrants. Marketplace Risk reserves the right to waive the Content requirements set forth herein in its reasonable discretion. Marketplace Risk reserves the right, in its sole discretion, during or upon completion of the Entry Period, to request that any entrant resubmit Content which fails to comply with the Content requirements prior to any judging period. CONTENT IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF MARKETPLACE RISK IN ANY MANNER. If you think that any Content infringes your intellectual property rights, click here if you wish to report it, contact us by email at info@marketplacerisk.com.

Entrant agrees that their Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then Entrant hereby irrevocably assigns and transfers to Marketplace Risk all right, title and interest in and to their Content, including but not limited to all copyright and trademark rights which Entrant may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Marketplace Risk, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Entrant may now or later have to their Content. Marketplace Risk reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Marketplace Risk, Entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Marketplace Risk, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Program Rules. Should Marketplace Risk fail to request the said assignment as stated that shall not be deemed a waiver of Marketplace Risk’s rights and Marketplace Risk may at a later time request the assignment.  All entries become the property of Marketplace Risk and will not be acknowledged or returned.

 

By participating, Entrant agrees: (a) to be bound by these Official Program Rules; (b) as between Entrant and Marketplace Risk, that the decisions of Marketplace Risk is final on all matters relating to the Program; (c) Entrant is not participating on behalf of any third party; and (d) in the event that Entrant does not comply with the Program Rules, Entrant will be disqualified.

3. SUCCESSFUL ENTRANTS.

Successful Entrants will be selected by Marketplace Risk. The decisions of Marketplace Risk and/or those chosen by Marketplace Risk will be final. If a successful Entrant is unable to be notified for any reason for any amount of time, the recognition may be forfeited. Notification is deemed to have occurred immediately upon sending an email to the address submitted. Marketplace Risk is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. Successful Entrants are subject to verification, including verification of eligibility. If an Entrant is unable to verify their information, the Entrant will automatically be disqualified. As a condition of participating in the Program, Entrants agree and acknowledge that Entrants must execute the official waiver provided by Marketplace Risk and agree to the terms herein. 

4. TAMPERING AND DELIVERY DISCLAIMER.

Marketplace Risk, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such Entrant’s Content) any Entrant, that Marketplace Risk determines (in its sole and absolute discretion) is or is attempting to: (i) tamper with Marketplace Risk’s website and/or any part of the Program; (ii) undermine the legitimate operation of the Program by cheating, deception, or other unfair practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, Marketplace Risk, or exhibits other unprofessional behavior; and/or (iv) otherwise violate these Program Rules or the Terms and Conditions of the Marketplace Risk Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE MARKETPLACE RISK WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, MARKETPLACE RISK AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MARKETPLACE RISK AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS PROGRAM. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. Marketplace Risk disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

Marketplace Risk is not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Program; (2) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Program; (3) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Program; or (5) technical or human error which may occur in the administration of the Program or the processing of Content.

Marketplace Risk further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Program, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Program and/or awarding the prize(s) at any time, for any reason, or if, in the sole and absolute discretion of Marketplace Risk, it is impossible or impractical to complete or conduct the Program as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Program, by any human error which may occur in the execution of this Program, or any other causes which effect the operation of the Program or the rules of the integrity of the Program have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Program and/or (ii) stop or conclude the Program at any time without prior notice. Material changes to the Program Rules will be published when practical. In the event of termination of the Program by Marketplace Risk, Marketplace Risk reserves the right to award any prize(s) in a manner deemed fair and equitable by Marketplace Risk, or not award any prize(s) at all.

5. USE OF INFORMATION.

Marketplace Risk will retain the Entrant's information for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Program Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of this information will be in accordance with, and subject to, Marketplace Risk’s Privacy Policy

6. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.

By participating in the Program, each Entrant agrees to release and waive any and all claims of liability against Marketplace Risk and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Program, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By participating in the Program, each Entrant hereby agrees to release each of the Released Parties from any and all claims in connection with the Program. The Released Parties are not responsible or liable to any Entrant by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Marketplace Risk’s sole control.

7. CONDUCT AND DECISIONS.

All decisions of Marketplace Risk will be final and binding on all matters relating to this Program. Persons who violate any rule, gain unfair advantage in participating in the Program, or use fraudulent means will be disqualified. Marketplace Risk will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Program and Marketplace Risk’s decisions concerning such disputes shall be final. Any reference in these Program Rules or as part of the Program to Marketplace Risk’s "discretion" and/or any exercise of discretion by Marketplace Risk shall mean in Marketplace Risk’s "sole and unfettered discretion." Marketplace Risk further reserves the right to terminate the Program at any time for any reason.

8. COMPLIANCE WITH LAW AND GOVERNING LAW.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Program and Program Rules, or the rights and obligations of Entrant and Marketplace Risk in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Florida, in the City of Miami.

 

 

9. MISCELLANEOUS.

Marketplace Risk reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Marketplace Risk disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Program. As a condition of participating in the Program, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Program, or any prize awarded, shall be resolved individually, through litigations as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Participation in the Program constitutes Entrant’s full and unconditional agreement to, and acceptance of these Program Rules.

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