In return for the opportunity to participate in the BBVA Launchpad Contest described herein (the “Contest”), Birmingham Legion (the “Legion”) and BBVA (“Sponsor”) require your agreement to comply with and be bound by the terms and conditions set forth below (the “Official Rules”):
- PERIOD. The Contest will begin on June 22, 2019, and end on August 5, 2019. The entry period for the Contest will begin on June 22, 2019 and end on July 12, 2019 (the “Entry Period”).
- ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest is open to legal residents of the United States who (i) are 18 years of age or older as of June 22, 2019; (ii) live within 150 miles of the Birmingham city limits (the “Territory”); and (iii) own a Start-Up Business (as defined below) within the Territory (the “Company”); provided that employees and immediate family members (spouses, parents, siblings and children) of employees of the Legion, Sponsor, the United League Soccer (the “USL”) and its member teams, and each of their respective parents, subsidiaries, affiliates, directors, partners, officers, governors, employees, and agents are not eligible to enter. The Contest is void wherever prohibited or restricted by law. The Company must be a “Start-Up Business,” which, for the purposes of these Official Rules, shall mean a business located in the Territory that has no more than one hundred (100) employees (combined full- and part-time employees) and was founded within the last ten (10) years. Companies that do not meet these criteria will not be eligible to enter the Contest.
- ENTRIES. LIMIT OF ONE ENTRY PER COMPANY. To submit an entry (each, an “Entry”) and enter the Contest, an Entrant must visit the Contest website located at bhmlegion.com (the “Contest Site”) during the Entry Period, follow the instructions and provide the information required on the Contest Site.
Limit of one Entry per Company. Entries must be received during the Entry Period to be eligible. Any Entry received thereafter and/or not properly submitted will not be eligible to participate in the Contest. A person who timely submits a properly completed Entry in accordance with the procedures herein is considered an “Entrant.” By submitting a properly completed Entry, each Entrant acknowledges that he has read, understands and agrees to be bound by these Official Rules.
- JUDGING CRITERIA. Entries will be judged by a panel of judges chosen by Sponsor and the Legion, comprised of representatives from Sponsor and the Legion (the “Judges”). The Judges will select four (4) finalists based on the following criteria: (i) What need is the Company solving and how? (100 points); (ii) How does the Company use technology to deliver on those needs? (300 points); (iii) What is the Company’s strategy for growth in 2019? (50 points); (iv) What sets the Company apart from any other businesses in the industry (100 points); (v) How does the Company plan to leverage digital transformation to create opportunities for its customers? (300 points); (vi) What technology is the Company seeking to take its business to the next level? (150 points); (vii) How could $2,500 from BBVA create opportunities for the Company? (150 points); and (viii) How could marketing support from BBVA create opportunities for the Company? (150 points). If necessary, ties will be broken based on the Entry with the highest score in category (ii) above. If the scores in category (ii) above are identical, the Judges will compare scores of the tied Entries on the list of (i) through (viii) above, one at a time beginning with (i), until the tie is broken. The decisions of the Judges are final on all matters and may not be appealed. Companies that conflict with exclusive sponsors of the Birmingham Legion, as determined by the Birmingham Legion in its sole discretion, are not eligible to enter or win the Prize.
- SELECTION OF FINALISTS. Four (4) finalists (each, a “Finalist”) will be chosen by the Judges, whose decisions are final on all matters relating to such selection, from among all eligible Entries received during the Entry Period. The Finalists will be notified on or about July 19, 2019, via the contact information provided by Entrant on the Contest Site. If any potential Finalist cannot be contacted after the second attempt, declines to participate as a Finalist, or fails to contact the Birmingham Legion within two (2) days of being notified that he or she is a Finalist, then such potential Finalist will forfeit the right to be a Finalist, and the Birmingham Legion may select a replacement Finalist from among all remaining eligible Entries.
The Finalists will create a short video of approximately one minute (1:00) in length featuring each Company based on the information submitted to the Contest Site (the “Video Submission”). Video Submissions from the four (4) Finalists will be posted on the Contest Site and/or on Legion social media pages beginning on or about July 29, 2019. Fans will have the opportunity to vote for the Finalists beginning on July 29, 2019, and ending on August 2, 2019 (the “Voting Period”). During the Voting Period, fans can visit bhmlegion.com to vote for their favorite Finalist. Only one vote per person per day will be allowed. Multiple votes by the same or similar accounts will not be counted and will be voided in the sole and absolute discretion of the Legion and Sponsor.
- SELECTION OF WINNER. The Finalist that receives the most fan votes during the Voting Period will be declared the winner (the “Winner”). The selection of the Winner is final on all matters relating to such selection and may not be appealed. The Winner will be notified on or about August 5, 2019, via the contact information provided by Entrant on the Contest Site. By participating, each Entrant agrees to these rules and the decisions of the Legion and/or Sponsor, which shall be final and legally binding in all matters relating to this Contest. The Legion and Sponsor reserve the right to conduct a background check of each Entrant and Company and to disqualify any Entrant and/or Company, effective upon written notice, if such Entrant or Company commits, or has at any time committed, any act or becomes involved in, or has at any time been involved in, any situation or occurrence which act, situation or occurrence tends in the sole opinion of the Legion to subject Entrant, the Company, the Legion and/or Sponsor to any ridicule, contempt or scandal or which, in the sole opinion of the Legion, reflects unfavorably upon the Legion and/or Sponsor. If any potential Winner cannot be contacted after the second attempt, declines the Prize, or fails to claim the Prize within two (2) days of being notified that he or she is the Winner, then such potential Winner will forfeit the right to be the Winner, and the Legion may select a replacement Winner from among all remaining eligible entries.
- PRIZE DESCRIPTION; ODDS. The Winner will receive: (i) a cash prize in the amount of $2,500 for the Company; (ii) lunch with Legion executives and/or Sponsor executives; (iii) a team-issued press release about the Winner and winning Company (iv) a social-media post about the Winner and the winning Company; (v) four (4) tickets to an upcoming Legion home game during the 2019 USL regular season; and (vi) recognition of the Winner during half-time of such Birmingham Legion home game (collectively, the “Prize”) (total approximate retail value: $260). Every aspect of the Prize shall be determined by the Legion in its sole discretion, including but not limited to location of events, the selection of the seat locations and dates of any portion of the Prize; and any tickets shall be subject to all USL rules, regulations, guidelines, policies and restrictions and to the same rules and regulations as regularly sold tickets. Neither Sponsor nor the Legion shall be responsible for any expenses associated with any Prize, including but not limited to travel accommodations or transportation expenses unless explicitly stated in these Official Rules. Winner may not sell, assign, transfer or substitute the Prize (or any portion of the Prize) or redeem the Prize (or any portion of the Prize) for cash value. Winner will be responsible for any federal, state and local taxes associated with the Prize. Winner may be required to sign, at the request of and in the sole discretion of the Legion and/or Sponsor, a Release, an Affidavit of Eligibility, a Form W-9, and/or a Prize Acceptance Form in order to receive the Prize. The Legion and Sponsor reserve the right to substitute the Prize (or any portion of the Prize) with any prize of greater or equal value.
- REPRSENTATIONS. Each Entrant hereby warrants and represents as follows: I own the Entry, and I own all the rights, including copyright, necessary to submit the Entry. The Entry is my own original work, does not infringe upon any copyright, invade any right of privacy, contain any defamatory, libelous or slanderous material, or violate any other right of any person or entity, and is not otherwise contrary to law. I have the permission of all subjects depicted in the Video Submission to display the Video Submission, and all of the subjects in the Video Submission have assigned all relevant rights to me. All persons depicted in the Video Submission are at least 18 years of age.
- CONSENT OF USE. Each Entrant hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to grant the Legion and Sponsor a royalty-free, worldwide, perpetual license to reproduce, display, distribute, edit, and create derivative works of the Video Submission and the Entry, in whole or in part, in any media now existing or subsequently developed, for any commercial, promotional, and educational purposes and any other purpose. Each Entrant further agrees and consents to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, Video Submissions, Entries, and the like of each Entrant in any media now existing or subsequently developed, including without limitation, the Legion website and in any and all advertising, promotions, and other publicity conducted by Sponsor, the Legion, and/or the USL and its member teams, and each of their respective partners, parents, subsidiaries, affiliates, directors, officers, owners, governors, employees, and agents, except where prohibited by law. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry and the Video Submission to the Legion and Sponsor without further authorization, compensation or remuneration of any kind.
- RULES. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Legion and Sponsor and may be changed from time to time without notice. The Legion and Sponsor reserve the right to cancel or modify the Contest at any time without notice.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT, VOTING PROCESS, OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE LEGION AND SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND THE LEGION AND SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS ON LIABILITY. Neither the Legion nor Sponsor shall be responsible for Entries that are incomplete, improperly submitted, misdirected, lost, late or damaged. All Entries and Video Submissions become the property of Sponsor and the Legion and will not be acknowledged or returned. By entering, each Entrant agrees to HOLD HARMLESS AND INDEMNIFY the Legion, Sponsor, the USL and its member teams, and each of their respective partners, parents, subsidiaries, affiliates, directors, officers, governors, employees, and agents (the “Released Parties”) from and against any and all liability, damages, claims and causes of action (however named or described) with respect to or arising out of (a) Entrant’s participation in the Contest, (b) Entrant’s Entry or any registration material on any related website, (c) Entrant’s Video Submission or any use of the Video Submission by the Released Parties, (d) Entrant’s breach of any representation or warranty contained herein, (e) any typographical or other error in these Official Rules or (f) the receipt, participation in, and/or use of the Prize or any replacement prize that may be awarded herein, including any travel associated with the Prize.
- DISPUTES. This Contest shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to principles of conflicts of laws. EACH ENTRANT HEREBY WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND SUBMITS TO THE JURISDICTION OF THOSE COURTS. Each Entrant agrees that any controversy, dispute or claim arising out of, relating to or connected with the Contest shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, which will be conducted in Birmingham, Alabama in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the parties, if possible. If the parties fail to reach agreement upon the appointment of an arbitrator within thirty (30) days following receipt by one party of the other party’s notice of desire to arbitrate, the arbitrator shall be selected from a list or lists of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Commercial Arbitration Rules then prevailing, except that if the parties fail to select an arbitrator from one or more lists, AAA shall not have the power to make an appointment but shall continue to submit additional lists until an arbitrator has been selected. Under no circumstances will Entrant be permitted to obtain any punitive, incidental, special, consequential and/or other damages, including without limitation lost profits (collectively, “Special Damages”) to an Entrant; and Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
- FORCE MAJEURE. Neither the Legion nor Sponsor shall be responsible for the failure or interruption of any website and/or webpage mentioned herein, bhmlegion.com, or of the cancellation or postponement of a Legion game or the Contest for any reason including, but not limited to, equipment failure or malfunction, electrical service interruption, or any act of God. In addition, in the event that the Legion or Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s and/or the Legion’s control, Sponsor and/or the Legion shall have the right to modify, suspend or terminate the Contest. Further, the Legion and Sponsor reserve the right, in their sole discretion, to cancel or suspend the Contest for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest.
- WINNERS LIST. To receive written confirmation of the Winners, mail a self-addressed, stamped envelope to: BBVA Launchpad Contest, 2213 1st Ave. S, Birmingham, AL 35233, Attn: Doug Hicks. Requests must be received by July 12, 2019.