THE ENBOARDER 2022 JOURNEY OF THE YEAR AWARDS
Terms for the Competition are contained below:
ALL FEDERAL, STATE, TERRITORIAL, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
- SPONSOR: The Sponsor of this Competition is Enboarder LLC, 121 Sussex St, Sydney NSW 2000, Australia.
- ELIGIBILITY: The Enboarder 2022 Journey of the Year Award Competition (“Competition”) is open only to legal entities which are a customer of Enboarder with at least one live workflow on the Enboarder platform as of 3:00pm Australian Eastern Daylight Time (“AEDT”)/ 5:00am British Summer Time (“BST”)/ 12:00am Eastern Daylight Time (“EDT”) on October 25, 2022 (“Entrants”). Entrants may not enter from Brazil, the Quebec province in Canada, Italy, Saudi Arabia, United Arab Emirates, Cuba, Iran, North Korea, Sudan, Syria, Crimea region of Ukraine, or where participation in this Competition is restricted or prohibited (“Excluded Countries”). Government entities, departments and agencies, including all federal, state, county, territorial, provincial, city, local, and municipal government entities, departments, agencies, government statutory boards, public bodies, and government-owned or government-controlled companies and entities are not allowed to enter or win. The sponsor and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies (collectively “Sponsor Entities”) are not eligible to enter or win. Employees of Sponsor Entities and their immediate families and household members, and any other individuals, are not eligible to act as Entrant Representatives, as defined below. For purposes of this Competition, “immediate families” means spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- TO ENTER: To enter the Competition, the Entrant must log-in to their Enboarder account, create or select a workflow for an Enboarder journey that pushes boundaries or is exciting in other ways, following the Workflow Guidelines and Workflow Content Restrictions below, and complete the online form on the Enboarder Community including providing the name of the live workflow and/or module on the Enboarder platform (the “Workflow”), describe why you think your Workflow should win the Competition, agree to provide written consent to the Sponsor to use the Workflow as a template in the Enboarder Discover library upon request, and agree to these Official Rules (together an “Entry”). Entries will only be accepted between 3:01pm AEDT/5:01am BST/12:01am EDT on October 25, 2022 and 11:59pm AEDT/ 12:59pm Greenwich Mean Time (“GMT”) /7:59am Eastern Standard Time (“EST”) on November 14, 2022 (the “Competition Period”). Each Entrant must designate an individual that is responsible for submitting the Entry and completing the Prize Documentation (“Entrant Representative”). An Entrant cannot have more than one (1) Entrant Representative for purposes of the Competition. An Entrant Representative may not represent more than one Entrant. Entrant Representatives must (i) be at least eighteen (18) years old or the age of majority in their place of residence, whichever is older, (ii) be an officer, director, shareholder or employee of Entrant, and (iii) have authority to enter on behalf of the Entrant and bind the Entrant. Entrants must enter from a location in the United States, United Kingdom, or Australia. Entries that are lost, late, misdirected, illegible, invalid, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt. Only one (1) entry per Entrant and per Entrant Representative.
- Prompt: Show a workflow or module that is exciting/pushing boundaries;
- Workflow must be in English;
- Workflow must be live;
Workflow Content Restrictions:
- Workflows must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement;
- Workflows may only contain the names, likenesses, or other personally identifiable information of individuals who are employees of Entrant and Entrant must have obtained written consent from such employees to use their name, likeness, or other personally identifiable information in the Workflow and subject to the licenses granted herein, in advance of submitting the Workflow;
- Workflows must not contain material that is false or misleading and must accurately describe Entrant’s actual experiences with Sponsor’s services and must not make performance or other claims that cannot be substantiated;
- Workflows must not contain any confidential, proprietary, or trade secret information;
- Workflows must be an original work created by the Entrant and must not contain content created by a third party, such as music, images or artwork;
- Workflows must not contain brand names or trademarks other than those owned by Entrant or Sponsor; in respect of the brand names and trademarks of the Sponsor, the Entrant has a limited license to use these in the Workflow in this Competition;
- Workflows must not disparage Sponsor or any other person or party affiliated with the Competition;
- Workflows must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, derogatory, or libelous;
- Workflows must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- Workflows must not contain material or activities that are unlawful, in violation of, or contrary to the laws or regulations in any state, territory, or country where the Workflow is created.
Sponsor reserves the right in its sole discretion to disqualify any Workflow that violates the Workflow Content Restrictions or that otherwise does not comply with the requirements of these Official Rules.
In the event of a dispute as to the owner of any Entry, the Entry will be deemed to have been submitted by the legal entity associated with the Enboarder customer account used to submit the Entry. Each Entrant may be required to show proof of being the authorized account holder.
- LICENSE: Entrant hereby grants Sponsor Entities a royalty-free, irrevocable, perpetual, non-exclusive, transferable license to use, reproduce, modify, publish, create derivative works from, and display the Workflow in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. Each Entrant and each Entrant Representative represents and warrants that: (i) Entrant is the sole owner of the Workflow and all text, images and video footage contained in the Workflow and that Entrant is the rightful owner of all intellectual property rights and all other rights in and to the Workflow; (ii) it is lawfully entitled to grant the licenses and waivers set out in these Official Rules and that there is no conflicting agreement which restricts usage of such content or the Workflow; and (iii) the Entrant has lawfully obtained the valid consent of all individuals depicted or shown in the Workflow (if any) to use their name, image, likeness and publicity rights for the purposes contemplated by these Official Rules and where permissible under the laws of the relevant jurisdiction, any such individuals have waived their moral and performance rights in respect of such use. If requested, Entrant will sign, or obtain and deliver a signature from any party who creates, produces, appears, or is referenced in the Workflow, for any documentation, including but not limited to licenses, consents, waivers, and/or releases for intellectual property rights, right of publicity and/or moral rights, and data protection or data privacy rights that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Workflow. Each Entrant, on its own behalf and (to the extent it is able to do so) on behalf of all parties who created, produced, appear in, or are referenced in in the Workflow, irrevocably waives any and all so-called moral rights they may have in the Workflow. Each Entrant further agrees to defend, indemnify and hold harmless Sponsor Entities from and against any claims, lawsuits, liabilities or expenses (including attorney’s fees) arising out or related to that Entrant’s Workflow or violation by Entrant or Entrant Representative of these Official Rules.
- PRIZES: One (1) First Place Entrant will one (1) trophy, five (5) Enboarder branded swag items, one (1) gift hamper, bragging rights, and the opportunity to present the Workflow via video to Sponsor’s off-site meeting between January 29 and February 3, 2023 (“First Place Prize”). The Approximate Retail Value (“AVR”) of the First Place Prize is two hundred United States Dollars ($200 USD). One (1) Second Place Entrant will receive five (5) Enboarder branded swag items and one (1) gift hamper (“Second Place Prize”). The AVR of the Second Place Prize is one hundred and fifty United States Dollars ($150 USD). One (1) Third Place Entrant will receive five (5) Enboarder branded swag items (“Third Place Prize”). The AVR of the Second Place Prize is seventy-five United States Dollars ($75 USD). The Prizes will only be given to a legal entity that is a verified winner. There is no substitution for the Prizes or any portion of the Prizes. Prizes are not transferable, except in the sole discretion of Sponsor. All Prize details are at Sponsor’s sole discretion. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winners. All federal, state, territorial, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner, and Winner shall be responsible for making any tax filings relating to the award of the Prize that may be required under applicable law. Any US Entrant winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS). The chances of winning depend upon the number and quality of eligible entries.
- SELECTION AND NOTIFICATION OF WINNER:
On or around November 20, 2022, 13:00PM AEST at Sydney, Australia, a panel of Enboarder judges (“Judges”) will select three (3) winners (each a “Winner”) based on the following criteria:
- Human Connection (50%) - New ways of connecting employees to each other and the Entrant’s organization.
- Originality (25%) - Unique content that stands out
- User Experience (25%) - An experience-first approach that puts the employee first.
In the event of a tie, the following criteria will be used to determine the Winners: Human Connection. All decisions of the Judges are final and binding on all Entrants.
Sponsor will send the full names of the judges to anyone who writes within [one] month of the expiry of the Competition Period requesting details of the judges.
The Winners will be notified on or after November 22, 2022 via email at the email address provided with the Entry. Upon the request of the Sponsor, the potential Winner may be required to return a Declaration of Eligibility, Publicity and Liability Release (except where prohibited by law) and Prize Acceptance Form (“Prize Documentation”). Failure of a Winner to accept the Prize or respond to any Prize notification within fourteen (14) days, or provide the Prize Documentation within said time period, or any Prize notification that is returned as undeliverable, will result in said Winner’s disqualification, the forfeiture of Entrant’s interest in the Prize, and the award of the Prize to a substitute Winner to be selected based on the criteria above from all remaining eligible entries. Subject to the terms of these Official Rules, Winners will be provided with the Prize within thirty (30) days of receiving notification of being a Winner.
- APPLICABLE LAW AND JURISDICTION: This Competition is void where prohibited. This Competition is subject to all applicable federal, state, territorial, and local laws and regulations. Any dispute arising out of this Competition or a Prize shall be governed by the laws of the state of Texas, without regard to its choice of law principles, and shall be subject to the exclusive jurisdiction of the courts in the state of Texas. Entrants consent to the personal jurisdiction of said courts.
Except where prohibited by law, as a condition of participating in this Competition, Entrant agrees that any and all disputes and causes of action arising out of or connected with this Competition, or prize awarded, shall be resolved individually, without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO PARTICULAR ENTRANTS.
- WAIVERS AND RELEASES: Unless prohibited by law, by entering, Entrant Representative and Entrant agree, on behalf of themselves and all individuals who create, produce, appear in, or are referenced in the Workflow: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in the Competition or these Official Rules; (c) that they may be contacted by phone or by e-mail with respect to the Competition; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to Entrant’s or any other person's computer related to or resulting from participation in this Competition, or for any injury to person or property; and (e) to the extent permitted by law, that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Competition, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself.
- PUBLICITY: Unless prohibited by law, entry into the Competition constitutes permission for the Releasees to use that Entrant’s name, logo, corporate address (city and country), picture, corporate information, and statements by employees and representatives in any advertising and publicity Sponsor may conduct relating to the Competition or otherwise in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web and social media platforms, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Entrant also consents to Sponsor crediting Entrant as the source of the Workflow and any statements, endorsements, or other content therein.
- RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Competition is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, Sponsor reserves the right, at its sole discretion, to disqualify any non-compliant entry, in its sole discretion, and to cancel, terminate, modify or suspend the Competition, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination using the judging criteria outlined above. Entries not complying with these Official Rules are subject to disqualification.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- TRADEMARKS: Third party trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Competition.
- TO RECEIVE WINNERS LIST OR OFFICIAL RULES: To request a copy of these Official Rules, email your request to email@example.com. Requests for a copy of these Official Rules received more than thirty (30) days after the Competition Period will not be honored. Sponsor will publish the name of the legal entity and location (country) of the Winner(s) on Sponsor’s website https://community.enboarder.com/ within seven (7) days after the winners have been confirmed.