The purpose of this website, www.challengepost.com, and other affiliated websites (collectively referred to as the “Site”) is to let people and organizations showcase software they have made, and create and participate in challenges where eligible participants can enter software that meets challenge requirements (the “Service”). The Site is owned and operated by ChallengePost, Inc. (“ChallengePost”). Please read the terms and conditions below. They are important and govern your use of our Site.

1. SUMMARY OF SERVICE AND DEFINITIONS

ChallengePost is a platform that enables certain users (“Makers”) to showcase software they have made by submitting the software or other materials on the Site. Other users (“Posters”) can post challenges (“Challenges”) to motivate Makers to create new software, or enter existing software, that meets requirements stated on the Site. Below are some definitions of terms used throughout these Terms of Service (the “Agreement”).

“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.

“Users” means Posters, Makers, and other visitors to the Site and users of the Service who have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.

“User Content” means any Content submitted by Users.

“Software” means User Content entered on the Site to showcase software a Maker has created.

“Submission” means Software entered as a submission to a Challenge by a Maker.

“Challenge Content” means User Content posted as a Challenge by a Poster and includes the description and request for Submissions, terms and conditions, copyrighted material, trademarks, trade-names, logos, designs, promotional materials, drawings, illustrations, slogans and representations.

“Challenge Website” means the specific Challenge website where you enter a Submission.

“Official Rules” means the Challenge-specific terms and conditions posted on the Challenge Website.

“Submission Period” means the period during which Makers may submit Submissions, as specified in the applicable Challenge Website or Official Rules.

“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, representations, and any and all other proprietary rights.

2. ACCEPTANCE OF AGREEMENT

By using and/or visiting our Site, you agree to the terms and conditions outlined in this Agreement and accompanying Privacy Policy. If you do not agree to the Agreement, you should not use the Site.

We may revise this Agreement at any time by posting an update to the Site. Your continued use of our Site after a posted change of this Agreement means that you agree to be bound by the changes, so please check the Agreement regularly for any changes.

You affirm that you are at least the age of majority where you reside, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You also affirm that you are able to abide by and comply with this Agreement.

Our Site is not intended for children under thirteen. You affirm that you are over the age of thirteen. If you are under thirteen years of age, then please do not use the Site. (Although ChallengePost does not knowingly accept registrations from users under the age of thirteen, minors can still enter and win Challenges by having their parents or guardians register for ChallengePost on their behalf.)

3. USER RESPONSIBILITY FOR ACCOUNT NAME AND PASSWORD

To access certain restricted sections of our Site you will be required to sign up for a ChallengePost account. You agree that the confidentiality of your account name and password are your responsibility. You agree to accept responsibility for all activities that occur under your account name and password and to notify us immediately if you believe there has been any unauthorized use of your account or other breach of security.

4. CODE OF CONDUCT AND RESPONSIBILITY FOR USER CONTENT

All Users agree NOT to use the Site in a manner that, or post or make available content (including any Software, Submission or Challenge Content) that:

  1. is harmful, threatening, abusive, harassing, defamatory, derogatory, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
  2. depicts hatred, is in bad taste, incites violence or is likely to incite violence, contains vulgar or obscene language or excessive violence, contains pornography, obscenity or sexual activity;
  3. violates any law or regulation, including federal, state, or local laws;
  4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
  5. substantially duplicates Software or a Submission previously entered on the Site or in the same Challenge (by you or another Maker);
  6. impersonates any person or entity, including, but not limited to a ChallengePost employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  7. constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  8. contains malware such as software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. discloses personal information about another person such as their email address, telephone number, address (street or box number), or social security number;
  10. disrupts the normal flow of dialogue with an excessive amount of content to the Site, or otherwise negatively affects other users’ ability to use the Site;
  11. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
  12. disparages another person, Poster, or ChallengePost; or
  13. contains any other content, which in the sole judgment of ChallengePost or a Poster, is inappropriate.

Without limiting the foregoing, you understand that all User Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the person or entity from which such User Content originated. You understand that ChallengePost does not control, and is not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ChallengePost makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.

ChallengePost does not and cannot review all User Content or other communications and materials posted to or created by Users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, ChallengePost is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, ChallengePost reserves the right to block or remove communications or materials that it determines to be in violation of the Code of Conduct.

You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion. See Section 8 for details on the Digital Millennium Copyright Act.

Violation of any of this Section 4 may result in the removal of some or all of your User Content (including Challenge Content and Submissions), disqualification from a Challenge, and/or termination of your ChallengePost account at the sole discretion of ChallengePost and/or a Poster (where applicable).

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

5. PARTICIPATION IN A CHALLENGE

Participation in a Challenge on our Site, including entering Submissions, is governed by this Agreement and the Official Rules posted on the Challenge Website. Official Rules are the responsibility of the Poster. If there is any inconsistency between the terms of this Agreement and the Official Rules of a Challenge, the Official Rules will prevail, but for that Challenge only.

A. Challenge Registration & Submission

You must first create a ChallengePost account and register on the Challenge Website to be able to enter a Challenge. You need to follow all instructions stated on the Site in order to register.

(i) Challenge Submission Drafts & Modifications

Prior to the end of a Submission Period, you may save draft versions of your Submission on the Site before submitting it for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission.

A Poster may permit you to modify part of your Submission after the Submission Period for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Poster permits.

(ii) Team and Organization Representatives

If a team or organization is entering a Challenge, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements for the Challenge specified in the Official Rules.

By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the Representative authorized to act on behalf of your team or organization.

If there is a dispute over the identity of a Maker in a Challenge on the Site, the email address used to enter the Challenge and the person or entity assigned to that email address will be used to determine the Maker. The Poster and ChallengePost are not responsible for resolving any dispute between individuals or entities over the identity of the Maker. In the event of such a dispute, they may disqualify the disputed Submission and/or suspend or withdraw a prize.

(iii) Responsibility for Challenge Submissions

You are solely responsible for confirming that your Submission is complete and for making and storing copies or drafts of it. The Poster is not responsible for confirming the accuracy or completeness of a Submission as received. The Poster and ChallengePost are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers or Representatives. Proof of sending or submitting will not be deemed to be proof of receipt by a Poster or ChallengePost.

If ChallengePost and/or a Poster determines that your Submission has not been received, or has been erroneously deleted, lost, destroyed or corrupted, you may request the opportunity to resubmit your Submission. However, you must make such a request promptly after you know or should have known there was a problem. Your request will be handled at the sole discretion of the Poster and/or ChallengePost.

B. Determining Eligibility & Display of Submissions

The Poster has the right to require additional information. They also have the right to access any software application that is part of your Submission, in person or via any other reasonable manner, to verify that the software application functions and operates as described in other parts of your Submission, or to verify your role in creating the software. Failure by a Maker to respond or provide the additional information or access may result in disqualification of the Submission by the Poster.

Submissions may be posted on the Challenge Website or elsewhere on the Site before or after being screened or tested by the Poster for compliance with the Official Rules. Posting of a Submission to the Site or Challenge Website does not mean that the Submission is eligible. A Submission may be disqualified after it has been publically displayed.

C. Public Voting

Challenges on the Site may include public voting. Public voting for a Challenge will take place during a voting period specified on the Challenge Website. The Poster has the right to extend the voting period at any time for any reason.

If public voting is used to determine winners, those winners will be selected based on the highest number of verified votes received on the Challenge Website during the voting period. Verified vote counts will be determined by ChallengePost and/or the Poster. If there is a tie between two or more Submissions, the winner will be determined by the Poster.

Public voting is open to any person with a verified ChallengePost account. Each person is limited to one vote per Submission and may only vote using one account. Makers may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote.

You many not use any manual or automated vote process or methods, or multiple e-mail addresses, to circumvent the one-vote limit per person per Submission. Doing so will subject all of your votes to disqualification. The Poster may also disqualify a Maker, if the Maker receives multiple or irregular votes from the same user or users, receives votes in a manner that indicates manual, automated or other vote manipulation, or attempts to compensate voters.

If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Poster has the right to determine any public voting prize winners by using non-suspect votes, or by any other means they deem appropriate. If no alternative means of determining a public voting winner prize is available or selected, the Poster may terminate any prize related to public voting without designating a winner.

The Poster and ChallengePost are not responsible for, and are not required to count any vote which, in their judgment, is incomplete, late, misdirected, damaged, unlawful or illicit. This includes votes secured in breach of the voting rules above, as well as those lost for technical reasons, or otherwise in violation of this Agreement or the Official Rules.

D. Entry Conditions

By entering a Challenge on the Challenge Website, you (and, if you are entering on behalf of a team or organization, each participating members) agree(s) to the following:

(i) The relationship between you, the Maker, and the Poster and ChallengePost, is not a confidential, fiduciary, or other special relationship.

(ii) You will be bound by and comply with this Agreement and the Official Rules and the decisions of the Poster, ChallengePost, and/or the Challenge judges which are binding and final in all matters relating to the Challenge.

E. Publicity

By participating in a Challenge on the Site you consent to the use of personal information about you, if you are a winner, by the Poster, ChallengePost, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members a Maker’s team or organization which participated in the winning Submission.

F. General Conditions applicable to Challenges

Posters and ChallengePost reserve the right, in their sole discretion, to cancel, suspend and/or modify a Challenge, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.

Posters and ChallengePost reserve the right in their sole discretion to disqualify any individual or Maker they find to be:

  • actually, or presenting the appearance of, tampering with the entry process or the operation of a Challenge;

  • acting in violation of this Agreement or the Official Rules, or in a manner that is inappropriate, unsportsmanlike, and/or not in the best interests of the Challenge; or

  • violating any applicable law or regulation.

Any attempt by any person to undermine the proper conduct of a Challenge may be a violation of criminal and civil law. If a Poster or ChallengePost suspects that such an attempt has been made or is threatened, they may take appropriate action, including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Challenge materials, including the Submission form, Challenge Website, advertising (including television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.

The terms and conditions of Official Rules may change at any time, including the rights or obligations of the Maker and the Poster. The Poster will post the terms and conditions of the amended Official Rules on the Challenge Website.

To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.

If at any time prior to a Challenge deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification to the Poster.

A Poster and/or ChallengePost’s failure to enforce any term of this Agreement or the Official Rules shall not constitute a waiver of that provision. If any provision of any Official Rules is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

G. Disputes

By entering a Challenge on the Site, you agree that, to the fullest extent permitted by law:

(i) any and all disputes, claims and causes of action arising out of or connected with the Challenge, or any prizes awarded, other than those concerning the administration of the Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action;

(ii) any and all disputes, claims and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved exclusively by the courts with jurisdiction at the Poster’s location, indicated in the Official Rules, and you consent to the exclusive jurisdiction and venue of such courts; and

(iii) under no circumstances will you be entitled to, and you hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of you, the Maker, or the Poster in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the country, province, state, and/or territory in which the Poster is located (as indicated in the Official Rules), without giving effect to any choice of law or conflict of law rules (whether of the Poster’s jurisdiction or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than those of the Poster’s jurisdiction.

6. POSTING A CHALLENGE ON THE SITE

ChallengePost reserves the right to approve any Challenge Content before it is posted on the Site. We may refuse any User the right to post Challenge Content, if we deem that the Challenge Content is incomplete, misleading, inappropriate, or inconsistent with the purpose of the Site or Service.

A. Challenge Content Requirements

Posters agree that any Challenge Content will be accurate and will not violate the Code of Conduct outlined above in Section 4. By posting a Challenge on the Site, you represent, warrant, and agree that your Challenge Content meets these requirements.

Posting of a Challenge on our Site does not guarantee the Poster any exclusivity with respect to the subject matter, and all Challenge Content will be made available to Users of the Site on a non-exclusive basis.

B. Poster Obligations

By posting Challenge Content on our Site and using the Service, Posters agree to:

  1. be fair and impartial towards other Users;
  2. include Official Rules that outline the terms and conditions of participation in the Challenge;
  3. adhere to such Official Rules and be consistent in their application; and
  4. award any prizes promoted on the Site.

C. Poster Responsibility for Legal Compliance

Posters are solely responsible for compliance with applicable laws and regulations regarding the use or acquisition of any Submissions received from Makers, or the transfer to Makers of any technologies in which the Poster may be involved, including without limitation, import/export requirements, and ChallengePost will have no responsibility or liability thereto.

7. INTELLECTUAL PROPERTY RIGHTS

A. ChallengePost Content

The Site contains various information in the form of data, text, graphics, and other materials from ChallengePost and our third party licensors (the “ChallengePost Content”). You acknowledge that this Site and various elements contained therein are protected by Intellectual Property Rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the ChallengePost Content is and shall remain the property of ChallengePost or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the ChallengePost Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any ChallengePost Content, in whole or in part.

The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our Site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ChallengePost and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Site are and shall remain the sole property of us or their respective owners. Nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Site. The misuse of the Trademarks displayed on our Site, or any other ChallengePost Content on our Site, is strictly prohibited.

All rights are reserved. Unauthorized copying or use of any ChallengePost Content or Intellectual Property Rights without the express written consent of ChallengePost is strictly prohibited.

B. User Content

ChallengePost will not have any ownership rights over your User Content. However, ChallengePost needs the following licenses to operate the Site and perform and market the Service on your behalf, on behalf of our other Users, and on our own behalf.

(i) General User Content

Except as provided below with respect to Software, Submissions and Challenge Content, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed).

(ii) Challenge Content

Posters have and shall retain sole and exclusive title and ownership of all Challenge Content and all Intellectual Property Rights relating thereto. By posting Challenge Content on the Site, Posters grant to ChallengePost a non-exclusive, worldwide, royalty-free license to distribute, display and reproduce the Challenge Content in order to perform the Service.

(iii) Software and Submissions

Makers have and shall retain sole and exclusive title and ownership of all Software and Submissions, and all Intellectual Property Rights relating thereto, unless: (a) the Official Rules of a Challenge state clearly that the Maker will be required to transfer property of the Submission and all Intellectual Property Rights relating thereto to the Poster as a requirement of the Challenge; AND (b) an award is paid or made by the Poster of the Challenge to such Maker.

By entering Software or a Submission on our Site, you grant to ChallengePost, and in the case of a Submission, the Poster and any third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Software or Submission, in perpetuity. This license includes posting or linking to Software or the Submission on this Site, the Poster’s and partners’ websites and applications (in the case of a Submission), and display and promotion of the Software or Submission in any other media, worldwide.

You represent and warrant that ChallengePost, and where applicable, the Poster and Challenge partners, are free to use your Software or Submission in the manner described above, as provided or as modified by ChallengePost, without obtaining permission or license from any third party and without any compensation to you.

Your Software or Submission must: (a) be your (or your team or organization’s) original work product; (b) be solely owned by you, your team, or your organization with no other person or entity having any right or interest in it; and (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. By entering Software or a Submission to a Challenge on the Site you represent, warrant, and agree that your Software or Submission meets these requirements.

8. DIGITAL MILLENIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that ChallengePost is capable of finding and verifying its existence.
  3. Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. The Notifying Party’s physical or electronic signature. 

ChallengePost’s designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent

ChallengePost, Inc.

425 West 13th Street, Suite 504

New York, NY 10014

email: support@challengepost.com

9. LINKS TO THIRD PARTY WEB SITES

Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

10. PRIVACY

Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

11. TERMINATION

ChallengePost reserves the right in its sole discretion to refuse, suspend, or terminate your access to our Site or any portion of our Site without notice.

12. INDEMNITY

You release, indemnify, defend and hold harmless the Poster, ChallengePost, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting a Challenge on the Site, and all of their respective past and present officers, directors, members, managers, employees, agents, representatives affiliates, suppliers, successors and assigns (hereafter the “Released Parties”) from and against any and all claims, damages, losses, expenses, and liabilities (including without limitation reasonable fees and costs for attorneys and investigations), arising out of, based on, or in connection with (i) your access to or other use of our Site; (ii) a dispute with another User of our Site; (iii) your breach of these Terms of Service; (iv) your violation of any law or the rights of any third party, including intellectual property rights; (v) your User Content; (vi) negligence and damages of any kind to persons and property, (vii) defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of Software or a Submission or entry of a Submission, participation in a Challenge, acceptance or use or misuse of a prize awarded in a Challenge (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of Software or a Submission as authorized or licensed by this Agreement and the Official Rules of a Challenge you are entering.

Without limiting the foregoing, the Released Parties shall have no liability in connection with:

(i) any incorrect or inaccurate information, whether caused by the Poster or ChallengePost’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge;

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Site or Challenge Website;

(iii) unauthorized human intervention in any part of the entry process or the Challenge;

(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the your participation in the Challenge or receipt or use or misuse of any prize.

13. WARRANTY

ChallengePost has no special relationship with or fiduciary duty to you. You acknowledge that ChallengePost has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the User Content or ChallengePost Content may have on the users; how users may interpret the User Content or ChallengePost Content; or what actions users may take as a result of having been exposed to the User Content or ChallengePost Content.

Although ChallengePost and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither ChallengePost nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content, including Software and Submissions.

The services, content, site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. ChallengePost makes no representation or warranties of any kind with respect to the site or any software, including any representation or warranty htat the use of the site or any software will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that defects will be corrected; (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, ChallengePost disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this site.

By using this site, you acknowledge that ChallengePost is not responsible or liable for any harm resulting from (1) use of the site; (2) downloading information contained on the site, including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content; or (4) the temporary or permanent inability to access or retrieve any content from the site, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

14. DAMAGES

Under no circumstances will ChallengePost be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site or service whether or not you have been advised of the possibility of such damages. Under no circumstances shall ChallengePost be liable to you for any amount for services rendered pursuant to these terms of service.

15. LIABILITY

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against ChallengePost and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site.

16. MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of ChallengePost to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ChallengePost that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Additional terms and conditions may apply to specific Challenges and your agreement with the Poster, as specified in the Official Rules, and the Official Rules are made part of this Agreement by reference. You agree to abide by the Official Rules of any Challenge you participate in. If there is a conflict between the Agreement and the Official Rules posted or emailed for, or applicable to, a specific Challenge, the latter terms shall control with respect to that Challenge only. The Agreement constitutes the entire agreement between you and us with respect to our Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site.

17. CONTACT US

Questions or comments regarding our Site, including any reports of non-functioning links, should be submitted using our email address at support@challengepost.com , or via U.S. mail to 425 West 13th St, Suite 504, New York, NY 10014.

Last Updated: May 12, 2014