The illumi awards Terms and Conditions
2023 illumi Award Agreement
The sponsor of this Contest is UserTesting, Inc (“UserTesting,” “we,” “our,” or “us”). By submitting an entry, the entrant (“Entrant”, “Customer”, “Client”, “you”, “your”) acknowledges that he/she is eligible to enter the Contest and has read and agrees to be bound by these Rules and the judges’ decisions related to the Contest. You confirm that an authorized representative agrees to the terms, and that this Agreement hereby supersedes relevant aspects of prior agreements with UserTesting.
1. Eligibility. To enter the contest, you must be (i) at least 18 years old and (ii) considered the age of legal majority in the jurisdiction in which you reside. The Contest and these Rules are void in Quebec and where prohibited by law, and are subject to applicable laws. Entrants may not be a national or legal permanent resident of any of the following countries: Burma, Cuba, Iran, North Korea, Sudan or Syria. You are not eligible to enter the Contest if you are (a) an employee or independent contractor of UserTesting or one of its affiliates or (b) a family member (spouse, domestic partner, parent, grandparent, sibling, child, or grandchild) of, or individual living in the same household as, an employee or independent contractor of UserTesting or one of its affiliates. There is no purchase necessary to enter.
2. How to Enter. We must actually receive your Contest entry (your “Entry”) between March 6, 2023 at 12:00:01 am (U.S. Pacific Time) and May 5, 2023 at 11:59:59 p.m. (U.S. Pacific Time). The contest is limited to 500 Entries, and we may choose to stop accepting Entries after we have received that many Entries. You must enter online at the survey link provided to you and include (i) your name, (ii) your email address, and (iii) your entry and any other information requested in the entry page (collectively, your “Story”). There is no limit to the number of Entries you may submit.
3. Entry Requirements. Your Story must: (a) be your original creation; (b) be in the English language; (c) not be subject to restrictions that would prevent it from being used in accordance with these Rules; (d) be authorized by your organization to be submitted and shared with UserTesting in accordance with these Rules; and (e) not contain any obscene, offensive, libelous, or disparaging material. Any Entry that we determine, in our sole discretion, meets these requirements and otherwise complies with these Rules will be considered a “Valid Entry.”
4. Conditions of Entry. By submitting an Entry, you represent and warrant that your Entry (and its use as contemplated by these Rules): (a) is your original creation; (b) does not violate or infringe any confidentiality, privacy or publicity right of any person or entity; and (d) is not defamatory, libelous, obscene, or otherwise illegal.
5. Grant of Rights. By submitting an Entry with your signature, you hereby grant UserTesting and its affiliates and agents permission to publish and use your submission content, organization name and logo for marketing and other business purposes, regardless of whether you were selected as a Prize winner. If you are selected as a Prize winner, you hereby agree and enter into the following Consent and Release terms in sections 5a and 5b:
5a. You and an authorized representative agree that you have been informed and understand that UserTesting, or anyone on its behalf, may produce and distribute content (“Content”) based on your Entry for marketing and other business purposes, including but not limited to videos, slides, emails, social media posts, audio recordings, photographs, testimonials, interviews, or the like.
5b. You hereby agree and confirm that:
- UserTesting has your consent to edit the length and formatting of your Entry. To the extent that any moral rights apply, you waive and agree not to assert your moral rights in your Entry for purposes of this Contest, including without limitation our use of your Entry as described above. By participating in the Contest, you consent to the worldwide, royalty-free use of the contents of your entry without additional compensation, notification or permission, except where prohibited by law.
- Your organization may be identified by trademarks, service marks, logos, and other identifying information in the Investor Materials. UserTesting must only use the Client’s trademarks, service marks, logos and other identifying information for promotional purposes and for the other purposes stated herein. UserTesting must not use the Client’s trademark, service mark, logo and other identifying information directly or indirectly, in connection with content that to the best of UserTesting’s knowledge: (i) is misleading or disparaging; (ii) promotes misleading or false statements, (iii) violates applicable law, or (iv) is obscene, indecent, or unlawful.
8. Judging Process. On or before August 27, 2023, UserTesting employees and independent experts, acting as judges (the “Judges”), will review the Story of each Valid Entry. The Judges will assign a rating to each such Story (e.g., on a scale from 0 to 10) based on the following criteria: (i) the impact to the organization and/or its customers, (ii) the quality of the Story in terms of clarity of description of the challenge, approach and results, as well as the memorability of the story. The scores for each Story will be compared and used to determine the Contest winners. If a Story is judged by two or more Judges, then the average score from all Judges for that Story will be used. If a tiebreaker is needed to determine any winner, the CEO or CMO of UserTesting will select the winner based on the above criteria in his sole discretion. The application of the criteria and the scores given for each Story will be in the sole discretion of the Judges, and Story scores will not be revealed to you or the public.
9. Taxes. ALL TAXES ASSOCIATED WITH ANY PRIZE ACCEPTANCE AND USE ARE YOUR SOLE RESPONSIBILITY. IF TAXES ARE APPLICABLE TO A PRIZE YOU RECEIVE, IT IS YOUR RESPONSIBILITY TO PAY THEM TO THE APPROPRIATE AUTHORITIES. WE RESERVE THE RIGHT TO REPORT PRIZES AND PRIZE RECIPIENTS TO THE INTERNAL REVENUE SERVICE OR ANY OTHER AUTHORITY WE DEEM APPROPRIATE. THE AWARDING OF ANY PRIZE TO YOU IS SUBJECT TO THE EXPRESS REQUIREMENT THAT YOU SUBMIT TO US ALL DOCUMENTATION REQUESTED BY US TO PERMIT COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, FEDERAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. Each Prize winner may be required to provide additional tax filing information (such as a US form W-8BEN, social security number or Federal tax ID number) if required. You are responsible for ensuring that the tax documentation submitted to us complies with all applicable tax laws and requirements. If you fail to provide the documentation or submit incomplete documentation, the Prize may be forfeited and we may, in our sole discretion, select an alternate.
10. Disqualifications. In the unlikely event that your Entry is disqualified for any reason, you will not receive a notice or explanation describing the reason for the disqualification. We reserve the right, in our sole discretion, to disqualify you and void all associated Entries if you are found to be tampering with the entry or voting process, the outcome of the Contest, or the operation of the Contest, or the UserTesting website; to be acting in violation of these Rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER RELIEF (INCLUDING ATTORNEYS' FEES) FROM THE PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER NOTIFICATION. If you are selected as a Prize winner, we will notify you by phone or email.
12. ADDITIONAL TERMS. Each party represents and warrants that it has the full legal authority and power to enter into this Agreement and no rights granted in this Agreement violate the rights of any other person or entity. Each party agrees to release the other party and its affiliates, and their officers, directors, representatives, contractors, agents and employees from any and all claims, liabilities and damages relating to the use of the information and material provided by the releasing party which is included in Content, so long as such use was done in accordance with the terms of this Agreement. The Contest and all accompanying materials are © 2023 by UserTesting or its affiliates. All rights reserved. You agree that our decisions related to the Contest are final and binding in all matters. We reserve the right, to the maximum extent permitted by law, in our sole discretion, to change these rules or cancel the Contest at any time. We may also modify, terminate or suspend the Contest if any viruses, worms, bugs, unauthorized human intervention, or other causes beyond our reasonable control corrupt or impair the administration, security, or fairness of the Contest or submission of Entries. You agree that UserTesting and its affiliates, officers, directors, employees, contractors, agents, and assigns (collectively, the “Released Parties”) are not responsible for: (a) any human or other error that may occur in the processing of the Entries; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to or alteration of Entries; (c) technical, network, telephone, computer, hardware or software malfunctions of any kind that may occur in connection with this Contest, including, without limitation, any errors or problems related to the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the Prizes, or the Contest-related materials, (d) inaccurate transmission of, or failure to receive, any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (e) injury or damage to you or a computer resulting from accessing or downloading any materials in connection with the Contest.
13. LIMITATIONS OF LIABILITY. YOU AGREE THAT THE RELEASED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ANY ENTRY (OR PORTION THEREOF) OR FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON RELATING IN ANY WAY TO THE CONTEST, ANY STORY, OR ANY ENTRY. YOU ALSO AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY ATTORNEYS’ FEES OR COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE CONTEST, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES. YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
14. GOVERNING LAW/DISPUTES. This Contest is governed by the laws of the United States and the State of California. As a condition of participating in this Contest, you agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, will be resolved individually, without resort to any form of class action, exclusively before a court located in California.