These Terms and Conditions (“Terms of Use”) constitute a legally binding agreement between UpSpring PR, Incorporated (“UpSpring PR,” “ours,” “we,” or “us”) and you, and govern the terms and conditions, rights and obligations applicable to your use of the UpSpring website located at weareupspring.com, as well as the associated apps, tools, content, functions, and features thereon, as well as any of our publications that contain a link to these Terms of Use (collectively, the “Content”).
By visiting, using or attempting to use the Content, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use (whether in whole or in part) the Content.
1. Program Overview
Welcome to the UpSpring PR “Launch:HER Awards Program” (the “Awards Program”). The purpose of this Awards Program is to uplift three women-owned or women-led not-for-profit and nonprofit organizations by awarding pro bono PR and/or marketing services. The awards are as follows:
1st Place: $250,000 in estimated value of services for one year
2nd Place: $150,000 in estimated value of services for one year
3rd Place: $100,000 in estimated value of services for one year
Actual services to be rendered shall be at mutual agreement of UpSpring PR and selected winners. Organizations will nominate themselves by completing a submission form, and a panel of judges will review them and select the top three based on a predetermined rubric for scoring.
2. License / Reservation of Rights
By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Content solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.
We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the Content, and you expressly agree that your use of the Content is solely at your own risk. You agree that you will only use the Content for personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title, or interest in the Content, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the Content may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the Content, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.
3. Eligibility
The Awards Program is open to women-owned and women-led not-for-profit and nonprofit organizations located in the United States. Organizations must self-nominate by completing and submitting the official nomination form. Individuals making submissions on behalf of organizations must be: 1. at least eighteen (18) years of age; and 2. authorized to communicate with us on behalf of the organization. Organizations subject to the United States Department of the Treasury’s Office of Foreign Assets Control sanctions programs are not eligible to participate.
4. Participation
To participate in the Awards Program, eligible organizations must complete the nomination form available on our website between September 23, 2024 at 12:01 a.m. and November 8, 2024 at 11:59 p.m. The form requires contact information for the submitter, details about the organization (name, location, mission statement, website, and tax-exempt status), and other relevant information.
5. Awards and Prizes
Winners will be selected by a panel of judges based on a predetermined rubric for scoring. The top three organizations will receive pro bono PR and/or marketing services as follows:
1st Place: $250,000 in estimated value of services for one year
2nd Place: $150,000 in estimated value of services for one year
3rd Place: $100,000 in estimated value of services for one year
6. Duration
Nominations will be accepted from September 23 through November 8, 2024 at the specified times. The winners will be announced on December 9, 2024.
7. Contests or Promotions
From time to time, UpSpring may offer as part of the content, contests, or promotions, (collectively, the “Promotions”). To participate in any Promotion, submitters may be required to complete a registration form, and thereby become a. “Registered User.” Submitters are permitted only one Registered User account. A submitter with more than one Registered User account(s) is subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a submitter to register multiple times. Upon submission, all registrations become the exclusive property of UpSpring. UpSpring, at its sole discretion, may suspend or revoke the registration of any Registered User for any reason.
Registered Users agree to release UpSpring and its agents, advertisers, sponsors, or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through, the Content. UpSpring is not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Awards Program and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the Terms of use, rules, terms or conditions for behavior published on the Content, or the site where a contest, promotion, simulation, or game is conducted, are subject to immediate disqualification and/or revocation of their registration. UpSpring is under no obligation to award any prize to any Registered User who violates the Terms of Use or a published rule, term or condition.
8. Intellectual Property Rights
The Content contains copyrighted material, trade secrets, patented (or patent-pending) inventions, and other proprietary material and intellectual property of Us and our third-party licensors. All title and ownership rights in the Content and all elements and portions thereof remain with us and our licensors, as applicable. You agree to keep information contained in the Content which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval or through a mechanism we provide in the Content.
The Content is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the Content is protected, among other ways, under copyright laws as collective works and/or compilations pursuant to applicable United States, Canadian, and foreign laws. You agree to comply with all applicable copyright protection laws in connection with your use of the Content. In addition to these Terms of Use, we reserve all rights to appropriate measures to protect copyright of the Content and UpSpring.
You cannot use any of the trademarks or protected copyright materials found on and within the Content, except as specified herein and in accordance with applicable law. You may not copy, display, or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian, and foreign copyright laws, trademark laws, the laws of privacy and publicity, the civil tort of false light (“untrue/misleading publicity”), and civil or criminal statutes.
Our services are provided to Award Program winners, subject to certain intellectual property provisions in our service agreements. These supplemental conditions shall be disclosed to winners.
9. Unsolicited Materials / User License
In operating the Content, UpSpring neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). UpSpring’s current Awards Program does not have a submission fee, and UpSpring therefore does not plan to collect any Transaction Information in association with this Awards Program. Please report anyone who attempts to charge a fee for making a submission to this Awards Program to UpSpring at the contact information at the end of these Terms of Use, so UpSpring may react appropriately. Any information or material submitted or sent to UpSpring will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with UpSpring and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting UpSpring a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any UpSpring work product. You also warrant that any “moral rights” in posted materials have been waived.
10. Privacy and Data Usage
We will collect the contact information of the submitter and information about the organization (name, location, mission statement, website, tax-exempt status) among other details. This information will be used for judging the nominations, communicating award updates, and for future marketing efforts. No information is sought from submitters under the age of eighteen (18).
11. Liability
UpSpring disclaims all liability to the extent permitted by law. Participation in the Awards Program is at the participant's own risk. The Awards Program is provided "as-is, where-is" without any warranties, express or implied.
12. Modification and Termination
We reserve the right to modify or terminate the Awards Program at any time. Participants will be provided with reasonable notice of any changes.
13. Limitation of Liability
IN NO EVENT WILL UPSPRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY: (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CONTENT, EVEN IF UPSPRING OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UPSPRING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Indemnification
Upon a request by UpSpring, you agree to defend, indemnify, and hold UpSpring, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Content, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. UpSpring reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UpSpring in asserting any available defense.
15. Jurisdiction and Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the United States. By making a submission to our Awards Program, you agree that, with respect to any action or dispute related to our Awards Program, our website, or your interactions with us, that such dispute is subject to the law of the state of New York without application of New York’s conflict-of-laws principles, and you hereby irrevocably consent to the personal jurisdiction of the state and federal courts located in New York, New York, as the exclusive venue for you and us in the resolution of such action or dispute. This does not impair UpSpring PR’s rights to protect its intellectual property, as provided elsewhere in the Terms of Use.
16. No Waiver, No Duty to Act
No failure of UpSpring PR to insist on strict adherence to the Terms of Use, act to disqualify, or act suspend a Registered User for any covenant or duty under these Terms of Use or Awards Program is a waiver or consent of any of the Terms of Use or other rights reserved. UpSpring does not owe any implied duty to submitters based on their submission or becoming a Registered User, except for as expressly permitted herein.
17. Contact Information
For more information or support related to the Program, participants can contact us at awards@upspringpr.com.
By visiting, using or attempting to use the Content, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use (whether in whole or in part) the Content.
1. Program Overview
Welcome to the UpSpring PR “Launch:HER Awards Program” (the “Awards Program”). The purpose of this Awards Program is to uplift three women-owned or women-led not-for-profit and nonprofit organizations by awarding pro bono PR and/or marketing services. The awards are as follows:
1st Place: $250,000 in estimated value of services for one year
2nd Place: $150,000 in estimated value of services for one year
3rd Place: $100,000 in estimated value of services for one year
Actual services to be rendered shall be at mutual agreement of UpSpring PR and selected winners. Organizations will nominate themselves by completing a submission form, and a panel of judges will review them and select the top three based on a predetermined rubric for scoring.
2. License / Reservation of Rights
By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Content solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.
We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the Content, and you expressly agree that your use of the Content is solely at your own risk. You agree that you will only use the Content for personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title, or interest in the Content, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the Content may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the Content, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.
3. Eligibility
The Awards Program is open to women-owned and women-led not-for-profit and nonprofit organizations located in the United States. Organizations must self-nominate by completing and submitting the official nomination form. Individuals making submissions on behalf of organizations must be: 1. at least eighteen (18) years of age; and 2. authorized to communicate with us on behalf of the organization. Organizations subject to the United States Department of the Treasury’s Office of Foreign Assets Control sanctions programs are not eligible to participate.
4. Participation
To participate in the Awards Program, eligible organizations must complete the nomination form available on our website between September 23, 2024 at 12:01 a.m. and November 8, 2024 at 11:59 p.m. The form requires contact information for the submitter, details about the organization (name, location, mission statement, website, and tax-exempt status), and other relevant information.
5. Awards and Prizes
Winners will be selected by a panel of judges based on a predetermined rubric for scoring. The top three organizations will receive pro bono PR and/or marketing services as follows:
1st Place: $250,000 in estimated value of services for one year
2nd Place: $150,000 in estimated value of services for one year
3rd Place: $100,000 in estimated value of services for one year
6. Duration
Nominations will be accepted from September 23 through November 8, 2024 at the specified times. The winners will be announced on December 9, 2024.
7. Contests or Promotions
From time to time, UpSpring may offer as part of the content, contests, or promotions, (collectively, the “Promotions”). To participate in any Promotion, submitters may be required to complete a registration form, and thereby become a. “Registered User.” Submitters are permitted only one Registered User account. A submitter with more than one Registered User account(s) is subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a submitter to register multiple times. Upon submission, all registrations become the exclusive property of UpSpring. UpSpring, at its sole discretion, may suspend or revoke the registration of any Registered User for any reason.
Registered Users agree to release UpSpring and its agents, advertisers, sponsors, or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through, the Content. UpSpring is not responsible for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Awards Program and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the Terms of use, rules, terms or conditions for behavior published on the Content, or the site where a contest, promotion, simulation, or game is conducted, are subject to immediate disqualification and/or revocation of their registration. UpSpring is under no obligation to award any prize to any Registered User who violates the Terms of Use or a published rule, term or condition.
8. Intellectual Property Rights
The Content contains copyrighted material, trade secrets, patented (or patent-pending) inventions, and other proprietary material and intellectual property of Us and our third-party licensors. All title and ownership rights in the Content and all elements and portions thereof remain with us and our licensors, as applicable. You agree to keep information contained in the Content which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval or through a mechanism we provide in the Content.
The Content is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the Content is protected, among other ways, under copyright laws as collective works and/or compilations pursuant to applicable United States, Canadian, and foreign laws. You agree to comply with all applicable copyright protection laws in connection with your use of the Content. In addition to these Terms of Use, we reserve all rights to appropriate measures to protect copyright of the Content and UpSpring.
You cannot use any of the trademarks or protected copyright materials found on and within the Content, except as specified herein and in accordance with applicable law. You may not copy, display, or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian, and foreign copyright laws, trademark laws, the laws of privacy and publicity, the civil tort of false light (“untrue/misleading publicity”), and civil or criminal statutes.
Our services are provided to Award Program winners, subject to certain intellectual property provisions in our service agreements. These supplemental conditions shall be disclosed to winners.
9. Unsolicited Materials / User License
In operating the Content, UpSpring neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). UpSpring’s current Awards Program does not have a submission fee, and UpSpring therefore does not plan to collect any Transaction Information in association with this Awards Program. Please report anyone who attempts to charge a fee for making a submission to this Awards Program to UpSpring at the contact information at the end of these Terms of Use, so UpSpring may react appropriately. Any information or material submitted or sent to UpSpring will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with UpSpring and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting UpSpring a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any UpSpring work product. You also warrant that any “moral rights” in posted materials have been waived.
10. Privacy and Data Usage
We will collect the contact information of the submitter and information about the organization (name, location, mission statement, website, tax-exempt status) among other details. This information will be used for judging the nominations, communicating award updates, and for future marketing efforts. No information is sought from submitters under the age of eighteen (18).
11. Liability
UpSpring disclaims all liability to the extent permitted by law. Participation in the Awards Program is at the participant's own risk. The Awards Program is provided "as-is, where-is" without any warranties, express or implied.
12. Modification and Termination
We reserve the right to modify or terminate the Awards Program at any time. Participants will be provided with reasonable notice of any changes.
13. Limitation of Liability
IN NO EVENT WILL UPSPRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY: (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CONTENT, EVEN IF UPSPRING OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UPSPRING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Indemnification
Upon a request by UpSpring, you agree to defend, indemnify, and hold UpSpring, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Content, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. UpSpring reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UpSpring in asserting any available defense.
15. Jurisdiction and Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the United States. By making a submission to our Awards Program, you agree that, with respect to any action or dispute related to our Awards Program, our website, or your interactions with us, that such dispute is subject to the law of the state of New York without application of New York’s conflict-of-laws principles, and you hereby irrevocably consent to the personal jurisdiction of the state and federal courts located in New York, New York, as the exclusive venue for you and us in the resolution of such action or dispute. This does not impair UpSpring PR’s rights to protect its intellectual property, as provided elsewhere in the Terms of Use.
16. No Waiver, No Duty to Act
No failure of UpSpring PR to insist on strict adherence to the Terms of Use, act to disqualify, or act suspend a Registered User for any covenant or duty under these Terms of Use or Awards Program is a waiver or consent of any of the Terms of Use or other rights reserved. UpSpring does not owe any implied duty to submitters based on their submission or becoming a Registered User, except for as expressly permitted herein.
17. Contact Information
For more information or support related to the Program, participants can contact us at awards@upspringpr.com.