OFFICIAL RULES
2024 Official Rules
ELIGIBILITY:
Individuals must be 21 years of age or older at the time they submit their entries.  Participants who submit nominations for consideration must have authority to act on behalf of the nominated organization for their submission to be eligible for consideration. More specific eligibility requirements for the UpSpring ElevateHER Awards (the “Awards“) are set forth in the Awards submission materials available here (the “Submission Materials“). Employees (and their immediate family members and/or those living in the same household of each) of UpSpring, LLC (“Sponsor“) and its affiliates are not eligible to enter or win. The companies sponsoring the Awards and the broader campaign of which the Awards are a part (“Campaign Sponsors“) have no interest in, or control over, the Awards. Individuals located outside of the United States are not eligible to make a submission, and any such submission made shall be disqualified.By participating in the Awards, entrants agree to be bound by these official rules (the “Official Rules“), and that the decisions of Sponsor regarding the Awards, and the application of the Official Rules, are final and binding in all respects.

TO ENTER:
Entry instructions (including, without limitation, submission specifications, geographic scope of submissions, the submissions entry period and the submissions entry methodology) are set forth in the Submission Materials. Submissions that are not received by Sponsor prior to the date and time that submissions close are void. All Awards submissions will be received electronically as set forth in the Submission Materials; no physical submissions will be accepted. For purposes of these Official Rules, receipt of an electronic Awards submission occurs when Sponsor’s servers record receipt thereof. In the event of a dispute as to the identity of the entrant, the entrant will be deemed to be the individual or entity who is the registered holder of the submitting e-mail account. Incomplete or other technically deficient Awards submissions will be void. Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost Awards submissions or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems. To receive full consideration, you are responsible for ensuring the timely completion of your submission.

ENTRY FEES:
There is no entry fee required to submit your Awards submission.

SUBMISSIONS:
All Awards submissions become the property of Sponsor upon submission and will not be returned. Notwithstanding the foregoing, any copyright in the materials that are part of an Awards submission remain the property of its creator(s). By participating in the Awards, including transmission of any submission, each entrant hereby represents that they have read and agree to the representations and warranties and grant the licenses required in the Program Terms and Conditions (located here) which apply to the entirety of the Awards submissions, and hereby grants an irrevocable, perpetual, worldwide non-exclusive license to Sponsor (and any of its corporate affiliates, and its advertising and promotion agencies (collectively, its “Affiliates“)) to reproduce, distribute, display, perform, create derivative works, and otherwise use, including without limitation, by printing, publishing or broadcasting (collectively, “Use”) the Awards submissions and any photos, renderings, written content and other materials included in the Award submissions (“Submission Content“), and permits and consents to the extent allowable under applicable law Sponsor (and any of its Affiliates) use of each Awards winner’s name, portrait, picture, voice, likeness and biographical information, in connection with the Awards and promotion of the Awards, in any media now or hereafter known, for no additional compensation. Entrant, for itself and any other creator(s), waives all moral rights in the Submission Content and further consents to Sponsor (or its Affiliates) altering or editing the content and publishing the content with or without name credit at Sponsor’s sole discretion.

ENTRANT’S REPRESENTATIONS, WARRANTIES, AND COVENANTS:
By participating in the Awards, each entrant represents and warrants: (a) the entrant completed work on the project submitted and has full rights (either ownership or licensed use with sublicense authority) to all Submission Content; (b) Sponsor’s (or any of its Affiliates’) subsequent Use of Submission Content as described herein in operating the Awards will comply with all applicable local and federal legal requirements reasonably known to entrant; (c) the use by Sponsor (and its Affiliates) in the Awards does not violate any third party’s intellectual property rights or any contractual obligations of entrant or creator(s); (d) any third parties entitled to payments or similar rights with respect to Submission Content have been fully compensated by entrant for entrant’s use and Sponsor’s (or any of its Affiliates’) Use as described herein, or will be under a binding written agreement by entrant with the third parties, such that no expense will be incurred by Sponsor (or any of its Affiliates); and (e) if an Awards submission includes any image that contains a person, the entrant has obtained an appropriate written release from such person of any claims for libel or any right of publicity or privacy in connection with the Use of the image by Sponsor (or any of its Affiliates) in operating the Awards.

AWARDS COMPETITION:
Awards will be announced as described in the Submission Materials.

JUDGING CRITERIA:
The judges and specific criteria for judging the Award submissions are set forth in Submission Materials.

PRIZE WARRANTIES:
Each Awards winner acknowledges that Campaign Sponsors, their affiliates, and their respective agents do not make, nor are in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any Award.

AWARDS:
The nature and type of recognition (including prizes, if any) with respect to winning the competition within the Awards are set forth in the Submission Materials.

AWARD RESTRICTIONS; TAXES:
Any and all applicable federal, state, and local taxes are the sole responsibility of an Award winner. Prize(s), if any, cannot be substituted, assigned or transferred.

GENERAL CONDITIONS:
THE AWARDS ARE VOID WHERE PROHIBITED. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole and absolute discretion to disqualify any individual or entity it finds to be attempting to tamper with or undermine the submission process, and/or the legitimate operation of the Awards; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to the Awards. RELEASE; LIMITATIONS OF LIABILITY; AND INDEMNIFICATION: BY PARTICIPATING IN THE AWARDS EACH ENTRANT AGREES THAT SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS AND LEGAL COUNSEL, AND ANY CAMPAIGN SPONSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES“), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INJURIES, DAMAGES, OR LOSSES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), AND SHALL BE HELD HARMLESS AND INDEMNIFIED BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SUBMISSION OR PARTICIPATION IN THE AWARDS OR IN ANY AWARDS-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, FALSE LIGHT, DEFAMATION OR INVASION OF PRIVACY OR INFRINGEMENT OF COPYRIGHTS RELATING TO THE AWARDS OR AN ENTRANT’S AWARD SUBMISSIONS OR ANY BREACH OF ENTRANT’S REPRESENTATIONS OR WARRANTIES MADE HEREIN. IN ADDITION, THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY AWARDS CANNOT BE MADE OR ANY FAILURE TO COMPLY WITH OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THESE OFFICIAL RULES OCCURS, DUE TO ACTS OF GOD (INCLUDING EPIDEMICS AND PANDEMICS), ACTS OF WAR, NATURAL DISASTERS, WEATHER, EXPLOSIONS, CIVIL UNREST, LABOR STRIKE OR SHORTAGE, RESTRICTIONS ON TRAVEL, GOVERNMENT ORDER, LAW OR ACTIONS, NATIONAL OR REGIONAL EMERGENCY, BANKRUPTCY OR TERRORISM, REGARDLESS OF WHETHER OR NOT THE DISRUPTING EVENT WAS FORESEEABLE.

DISPUTES:
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Awards, including, with limitation, the selection of winners shall be resolved individually, without resort to any form of class action, and exclusively by the state courts or federal courts sitting in New York, New York; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Awards, but in no event attorneys’ fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Awards, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

DATA PRIVACY:
Entrants agree that personal data, particularly name and address (postal and email), may be processed, shared, and otherwise used for the purposes, and within the context, of the Awards; and entrants, by participating in the Awards, give Sponsor (and any of its Affiliates) permission to send entrants marketing and promotional information about Sponsor, affiliated brands, and Sponsor’s (and any of its affiliates’) marketing partners, and as otherwise permitted under Sponsor’s Privacy Policy available here. Such personal data may also be used by Sponsor in order to verify an entrant’s identity, postal address, and telephone number, or to otherwise verify an entrant’s eligibility to participate in the Awards. Entrants have the right to access, review, or cancel any personal data held by Sponsor by writing to Sponsor at UpSpringPR, LLC, 276 Fifth Avenue, New York, N& 10001, Reference: Privacy, or by emailing awards@upspringpr.com. Personal data will be used by Sponsor and its Affiliates and marketing partners exclusively for the purposes stated herein. Any Awards entrant that is an individual (or other duly authorized person) may elect to exclude the name and address of that entrant from all lists used by Sponsor. To elect to have an individual’s name excluded from all such lists, submit a removal request in writing to: UpSpringPR, LLC, 276 Fifth Avenue, New York, N& 10001, Reference: Privacy, or by emailing awards@upspringpr.com. By participating in the Awards, entrants also give Sponsor permission to share the information contained in their entry form (including their name and contact information) with Campaign Sponsors for purposes of marketing and promotional information about the Campaign Sponsors’ products and services. To request access, correction, or deletion of any of your personal data held by a Campaign Sponsor, contact that sponsor directly.

SPONSOR:
UpSpring PR, LLC, 276 Fifth Avenue, New York, N& 10001 is Sponsor of the Awards.
September 12th, 2024