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Terms and Conditions

IBM OPEN P-TECH PROMOTION FOR

AMERICAN INDIAN SCIENCE AND ENGINEERING SOCIETY (AISES) STUDENTS

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. FREE REGISTRATION ON OPEN P-TECH AND EARNING A FREE OPEN P-TECH BADGE ARE REQUIRED TO PARTICIPATE IN THE PROMOTION.

 

By participating in the IBM OPEN P-TECH PROMOTION FOR AMERICAN INDIAN SCIENCE AND ENGINEERING SOCIETY (AISES) STUDENTS (the “Open P-TECH AISES Promotion” or  “Promotion”), you individually (if a minor this includes your parent/legal guardian) as the “Participant” agree to be bound by the Open P-TECH AISES Promotion Official Rules (these “Official Rules”), IBM Documentation and all Promotion related communications from the Sponsor (including its authorized representatives and organizers) in any and all media/medium, and the decisions of the Sponsor (including their authorized representatives) which are final and binding in all respects. By participating, Participants accept these Official Rules on his/her own behalf and on behalf of his/her successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights by, from or through Participant.

 

DESCRIPTION OF PROMOTION: This Promotion is a limited participation as the Sponsor will invite only those students who attend the 2020 AISES National Conference and/or certain AISES affiliated schools selected solely at Sponsor’s discretion. Sponsor will require students to register on Open P-Tech at this link as an Open P-TECH AISES Promotion Participant during the Promotion Period. The Promotion is designed to encourage Participants to explore Open P-TECH, a free digital learning platform focused on tech and professional skills, and to earn badges in subject such as cybersecurity, blockchain, data science, design thinking, artificial intelligence and professional skills.  The first two hundred and twenty (220) registered Participants to earn a badge on Open P-TECH during the Promotion Period will be awarded a virtual seat at an iD Tech “Squads After School” coding activity  (each seat valued at approximately $299) as a “Award” (or an equivalent Award at the sole determination of IBM).  The Squad meets online for ninety (90) minutes of social learning, once a week for four (4) weeks.  Participants may decline the Award at their sole discretion. Sponsor will provide awarded Participants and their parent’s or legal guardian’s emails to iD Tech, who in turn will contact awarded Participants and their parent or legal guardian with details of how to register at no cost for the iD Tech Squad of their chosen topic and dates, subject to iD Tech Terms and Conditions, available on its website. This is an award of services only; the Participant will not be receiving cash in connection with this Promotion.

 

The Open P-TECH platform will automatically record the date and time each Participant earns a badge during the Promotion Period.   At the close of the Promotion Period, as defined below, this data will be used to determine the first two hundred twenty (220) Participants who earned badges on a date and time basis. Those first 220 Participants to earn a badge will be eligible for the Award.

 

As this is a free, virtual platform, there are expected to be no costs for Open P-TECH. However, Sponsor will not provide any lap top computers or smartphones, internet access or hotspots or other means to connect to Open P-TECH or the Award.

 

Registration, these Official Rules, and specific details and instructions may be found at this link (the Promotion “Website”).

 

KEY DEFINITIONS:

AWARD: The Award is a virtual seat at an iD Tech “Squads After School” coding activity (each seat valued at approximately $299) or an equivalent Award at the sole determination of IBM.  The Squad meets online for 90 minutes of social learning, once a week for 4 weeks.

 

IBM DOCUMENTS: The Open P-TECH Privacy PolicyOpen P-TECH Terms of Use, and/or any other specific instructions, directions and documentation that may be required by Sponsor.  Note that all users of Open P-TECH are required to agree to the Open P-TECH Privacy Policy and  Open P-TECH Terms of Use at the time of registration on the Open P-TECH platform.

 

OFFICIAL RULES: This document constitutes the Office Rules.  All references herein to the Official Rules include the IBM Privacy Policies.

 

PARTICIPANTS: Participants are full-time high school students who are 13 – 17 years of age on October 15, 2020, residents of the United States or Canada, not otherwise ineligible (as provided herein) and who register for the Promotion.

 

PROMOTION: This IBM Open P-TECH Promotion for American Indian Science and Engineering Society (AISES) students where eligible Participants may be awarded an Award as described herein.

 

PROMOTION PERIOD: The Promotion begins once announced during the 2020 AISES National Conference  but in no event later than 5:00 pm Mountain Daylight Time on October 15, 2022 and ends approximately 11:59 pm Mountain Standard Time on November 5 2020 (the “Promotion Period”). After the conclusion of the Promotion Period, Sponsor will identify the first two hundred and twenty (220) registered Participants to earn a badge on Open P-TECH.  Sponsor will notify awarded Participants via the email each used to register on or about November 9, 2020.   All dates and times are subject to change in Sponsor’s sole discretion. Times are approximations and may be subject to change/variations due to conference schedule and speaker availability; times may be shortened or extended as necessary due to exigencies of the circumstances or as deemed necessary by Sponsor but shall apply uniformly to all Participants. All times relating to the Promotion are New Mexico local time. The Sponsor’s clock shall be the official time keeping device for the Promotion, unless otherwise stated.

 

SPONSOR: The Promotion is sponsored by Corporate Social Responsibility, International Business Machines (“IBM” or “Sponsor”), located at 1 New Orchard Road, Armonk, NY 10504.

 

REQUIREMENTS PRIOR TO PARTICIPATION: Prior to being allowed to participate in the Promotion, eligible invitees (including the invitees’ parent/legal guardian) will be required, among other things, to register for the Promotion and agree to be bound to these Official Rules, and execute and comply with required IBM Documentation The IBM Documentation will be made available during registration. If Participant does not agree to all the terms and conditions of participation stated in the IBM Documentation, Participant is not eligible to participate in the Promotion. Participant (or if a minor their parent/legal guardian) may be required to sign a physical or electronic copy of the applicable IBM Documentation when requested by IBM. The Promotion, participation therein, and all Participants, — in addition to the aforementioned IBM Documentation — also subject to and governed by the IBM Privacy Policies (defined below in the PRIVACY AND PUBLICITY Section) and agreement to these Official Rules.

 

ELIGIBILITY: Eligible participants in this Promotion must be a full-time high school student who is 13 – 17 years of age on October 15, 2020, a resident of the United States or Canada, and must not be ineligible (as provided herein) or under a conflicting contractual or legal restriction to enter. For any minor child under 18, his/her parent or legal guardian must accept these Official Rules and IBM Documentation on his/her child’s and his/her own behalf.  Participants are eligible for one Award, regardless of how many badges they may earn. If a Participant earns multiple badges, only the first badge he/she completes during the Promotion Period will be used to determine Awards. By participating in their respective capacities, all student Participants (including their parent or legal guardians) represent and warrant they have the legal right to do so, understand that these are binding legal agreements and accept their terms and the decisions of the Sponsor which are final and binding.

 

Without limitation, Sponsor reserves the right to immediately disqualify and/or remove at any time (before, during or after the Promotion) any Participant for any reason in its absolute discretion. Without limiting the foregoing, if at any time a Participant and/or winner is found to have breached, violated or failed to comply with these Official Rules (or any IBM Documentation or other agreement), in whole or in part, at any time, or is or found at any time to have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all Award to Sponsor (if applicable), and award may go unawarded.

 

INELIGIBLE INDIVIDUALS: THIS PROMOTION IS VOID WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, OR IS OTHERWISE PROHIBITED OR RESTRICTED BY LAW. In addition, (a) children of employees, officers and directors of IBM and/or (b) children living in the same household (whether or not related) of any Government or public service employee are not eligible to participate in the Promotion.

 

TAXES: Awarded Participants are solely responsible for any local, state, federal/country or any other applicable taxes, compliance with (governmental) reporting, filing and documentation requirements, and for any other costs, expenses and fees connected with their acceptance and use of the Award in their respective jurisdictions.

 

COMPLIANCE AND DISQUALIFICATION: In the event of disqualification for noncompliance, ineligibility, if a potential awarded Participant refuses the Award or fails to complete and return release documents as directed on or within the time stated, or for any other reason, that Award will be forfeited in its entirety and such will not be awarded. Returned, undelivered, unclaimed, forfeited or un-awarded Awards or any portion thereof will not be (re)awarded to the same Participant. Sponsor shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the Award to any awarded Participant. Sponsor shall have the right in its sole discretion to reaward any and all returned, refused or otherwise forfeited Awards to other Participants (including but not limited to those who were not in the first 220 to earn badges) or other students as Sponsor sees fit.

 

THESE OFFICIAL RULES (ENGLISH VERSION) SHALL GOVERN THE PROMOTION AND ALL ELEMENTS THEREOF AND OUR RESPECTIVE OBLIGATIONS WITH RESPECT THERETO. USE OF THE WEBSITE, INFORMATION PRACTICES, AND ALL OTHER GENERAL TERMS ARE GOVERNED BY SPONSOR’S TERMS OF USE FOR THE WEBSITE AND/OR PRIVACY POLICY AS APPLICABLE. IN THE EVENT OF A DISCREPANCY BETWEEN ANY INFORMATION AND/OR COMMUNICATION, THESE OFFICIAL RULES SHALL GOVERN TO ADDRESS ISSUES RELATING TO THE PROMOTION.

 

PRIVACY:  The information provided will be used as stated herein and as stated in Sponsor’s Open P-TECH Privacy Policy and Terms of Use (incorporated herein by reference). By participating in the Promotion, each Participant fully and unconditionally agrees to be bound to and accepts these Official Rules, Terms of Use and Privacy Policy, and any additional terms and conditions specific to the Promotion communicated by Sponsor. By participating, Participants agree to be contacted by Sponsor and iD Tech with Promotion related communications. This Promotion is in no way sponsored, endorsed or administered by, or associated with any school, school district or school official.  The information you provide will be used as stated herein, and for purpose of this Promotion and Participant’s continuing use of Open P-TECH.  To opt out of Open P-TECH during or after the Promotion Period, notify IBM at ptechinf@us.ibm.com.

 

By accepting these Official Rules, Participant is giving IBM its consent to collect, access, store and use any personally identifiable information (“PII”) provided in their registration in connection with the Promotion and Open P-TECH, all in accordance with these Official Rules, the IBM Privacy Policy and the Open P-TECH Privacy Policy and to share with iD Tech the emails of the awarded Participant and their parent or legal guardians.

 

In addition to the uses of PII specified in the IBM privacy statements, Participants consent that IBM, its affiliates, and contractors of IBM may collect, process, store and use Participant’s PII, to also: (i) verify their identity and valuate eligibility to participate in the Promotion, (ii) allow IBM to provide them with information about the Promotion, (iii) respond to questions initiated by any of them, and (iv) execute and administer the Promotion and all element thereof, unless prohibited by applicable law.

 

Participant has a right to access, correct, update, enrich Participant’s PII, but also to have his/her personal data locked or deleted. Participant may withdraw consent at any time by notifying IBM via ptechinf@us.ibm.com.

 

RELEASE AND INDEMNIFICATION:  To the maximum extent permitted by law, Participants agree to release, indemnify, defend and hold harmless (“Release”) Sponsor, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents (“Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, settlements, fines, damages, costs and expenses (including reasonable attorneys’ fees) whether or not litigation is commenced (“Dispute”) arising at any time from participation in the Promotion, participation in any Promotion and/or event-related activity or inability to participate in parts thereof, the delivery, acceptance, use, misuse of an Award or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with Participant and/or any other party or entity.

 

Further, to the maximum extent permitted by law, and without limiting the foregoing, Participants agree to Release the Released Parties from and against any and all threatened or actual Disputes arising at any time directly or indirectly  from  any Dispute brought by any Participants or other persons or entities (who may be other than a party to these Official Rules) arising from or related to participation and/or involvement in any other respect in the Promotion, and/or the delivery, acceptance, use, misuse of an Award in whole or in part, or any failure with respect thereto.  Participants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these Releases to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.

 

If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if these Official Rules had been executed without the offending provision appearing therein.

 

LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN ANY PROMOTION RELATED ACTIVITIES OR ELEMENTS THEREOF, INCLUDING BUT NOT LIMITED TO THE PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTIONAL WEBSITES OR THE UPLOADING OF MATERIALS TO THE WEBSITE, PARTICIPATION IN ANY PROMOTION OR EVENT-ACTIVITIES, AND/OR THE DELIVERY, ACCEPTANCE AND/OR USE/MISUSE OF AN AWARD,  EXCEPT IN THE CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE BY THE RELEASED PARTIES. IN ANY EVENT WHERE THE RELEASED PARTIES ARE LIABLE FOR ANY DAMAGES INCURRED BY PARTICIPANTS IN AN AMOUNT NOT TO EXCEED $100,000 UNDER THE APPLICABLE LAWS, THE RELEASED PARTIES’ LIABILITY SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES WHICH ARE REASONABLY INCURRED BY PARTICIPANTS EXCEPT IN THE CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE BY THE RELEASED PARTIES.

 

NETWORKS AND CANCELLATION: Promotion Entities are not responsible for typographical errors; technical, network, computer, digital, telephone, cable, electronic, or hardware or software malfunctions, failures, connections, problems; incompatibility; unavailable, garbled, corrupt, or jumbled transmissions; service provider, Internet, web site, blog site, user net accessibility, availability or congestion; unauthorized human intervention or security breach; electronic errors, omissions, interruptions, deletions, defects, and/or delays; or loss, theft or destruction of any Entry, or other Promotion related materials or information, in whole or in part.  If for any reason the Promotion, or any part thereof, is not capable of running as planned for any reason, including (but not limited to) infection by computer virus, bugs, tampering, unauthorized intervention, artifice, fraud, cheating, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any part thereof. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Promotion, or any part thereof, is a violation of laws and should such an attempt be made, Sponsor reserves the right to disqualify Participant and seek damages from any such Participant to the fullest extent of the law.

 

WARRANTIES: THE SERVICES PROVIDED BY IBM ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOR DOES IBM MAKE ANY GUARANTEE THAT THE AWARD OR OTHER MATERIALS FURNISHED IN CONNECTION WITH THE PROMOTION WILL MEET THE PARTICIPANT’S GOAL OR NEEDS OR THAT THE PARTICIPANT WILL ACHIEVE ANY PARTICULAR RESULTS.

 

CHOICE OF LAW, FORUM AND RECOURSE TO JUDICIAL PROCEDURES:  Participants agree to the application of the laws of New York, without regard to choice of law or conflict of law principles. All Disputes will be brought before and subject to the exclusive jurisdiction of New York.

Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole reasonable discretion and in such event will post revised Official Rules on the Website, which will continue to govern all aspects of the Promotion.

 

Sponsor Contact Information:

Corporate Social Responsibility

International Business Machines

1 New Orchard Road

Armonk, NY 10504

ptechinf@us.ibm.com