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Hyperion Hero Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. PARTICIPATION IN THE DATAVAIL HYPERION HERO AWARD CONSTITUTES YOUR ACCEPTANCE OF THESE RULES.

VOID OUTSIDE OF CANADA AND THE UNITED STATES AND WHERE PROHIBITED BY LAW.

  1. Introduction. The Datavail Hyperion Hero Award (the “Award” or “Hyperion Hero Award”) is a contest in which Entrants (defined below) will submit an Entry Form demonstrating how the nominee successfully managed Hyperion applications
  2. Term. Eligible Entrants (the “nominee”) may participate in the Hyperion Hero award by submitting an Entry from February 19th, 2019, at 6 a.m. Mountain Standard Time (“MST”) to April 10th, 2019, at 6 p.m. MST.
  3. Eligibility. Entries can be submitted by the nominee, the supervisor of the subject of the Entry, or by a coworker. The person submitting the Entry must (i) be above the age of majority in their place of residence; (ii) reside in one of the Eligible Countries; and (iii) be the nominee, or a coworker or supervisor of the nominee. Individuals who are employees, officers, directors, agents, competitors, or partners of Sponsor and its respective parents, subsidiaries, affiliates and advertising and promotion agencies (collectively, “Awards Entities”), and the immediate family members are not eligible to win. EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF ANY U.S. STATE, U.S. TERRITORY, OR FOREIGN STATE OR TERRITORY, AS WELL AS GOVERNMENT RELATED ENTITIES MAY ONLY PARTICIPATE UNDER THE LIMITED CIRCUMSTANCES SET FORTH IN THESE OFFICIAL RULES. Datavail reserves the right to verify eligibility and to adjudicate in its sole and absolute discretion on any dispute related to the Hyperion Hero Award at any time. The Hyperion Hero Award is subject to all federal, state, and local laws and is void where prohibited.
  4. Entry Selection. The Hyperion Hero Award will recognize one individual on the date specified.
  5. How to Enter. Entrants should submit an Entry Form with the relevant contact information and a detailed description of the “story” of the nominee. Entrants must complete all fields in the Entry Form to qualify. Entries must be in English. If an Entry is incomplete or does not comply with the specifications and these Official Rules, then the Entry will be disqualified, and this disqualification may take place at any point in the Awards process. All decisions by Sponsor and Judges are final and absolute and are not subject to inquiry or appeal. No purchase or payment is required to enter, and any expenses Entrants voluntarily incur during the submission process are their sole responsibility.
  6. Judging and Winner Notification. Eligible Entries will be judged against the other Entries as determined by the Awards Team. Winner will be notified on or about Apr 19th, 2019 and notified by telephone and email. If a winner does not respond to the notification attempt within twenty-four (24) hours from the first notification attempt, then Datavail may disqualify such winner and select an alternate winner.
  7. Prizes. Prizes will be awarded to the Entrant selected as the winner. Winner will receive an airfare voucher of $4,000 for the airline of their choice and a special travel gift valued at or around $700. Winner may also choose to donate the value of the winnings (approximately $5,000) to the 501(c)3 charity of their choice. The prize is airfare only. All costs and expenses unrelated to airfare are the responsibility of the winner, including any in-flight purchases. Odds of winning depend on the number of Entries received and the perceived skill of the nominee (i.e., the challenges faced, innovation in solving problems, expertise in managing applications). No other prize elements except those specifically described here are awarded. Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value, at its sole discretion. All federal, state and local taxes, as well as any other costs and expenses associated with prize acceptance and use not specified herein as.
  8. Intellectual Property Rights and Grant of License. Each Entrant shall retain ownership of all intellectual property rights in each Entry (including moral rights) subject to these Official Rules. However, You do grant Datavail an irrevocable, royalty-free, worldwide right and license to: (i) use, review, assess, test, and otherwise analyze your Entry and all its content in connection with the Award; and (ii) feature your Entry and all its content in connection with the marketing, sale, or promotion of the Award, Datavail, and Datavail technologies (including but not limited to press releases, promotional material, internal and external presentations, and tradeshows, in all media now known or later developed).
  9. Entrant Representations and Warranties. By entering the Hyperion Hero Award, Entrants represent and warrant that their Entries are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Entry and that they have the right to submit the Eligible Entry in the Hyperion Hero Award and grant all required licenses and assignments. Each Entrant agrees not to submit any Entry that infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, or confidentiality obligations. Entrant also warrants that he/she has permission from their employer or other appropriate party to submit the Entry.
  10. Indemnity. To the maximum extent permitted by law, each Entrant indemnifies Awards Entities at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless the Awards Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (i) any Entry or other material submitted by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person; (ii) any misrepresentation made by the Entrant in connection with the Hyperion Hero Award; or (iii) any non-compliance by the Entrant with these Official Rules.
  11. Release, Customer/Partner Publicity. By participating in the Hyperion Hero Award, Entrants: (i) agree, to the fullest extent of the law, to release and hold harmless Awards Entities from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Hyperion Hero Award; and (ii) grant to Sponsor, its affiliates, licensees, promotional partners, developers and third party marketing entities the right to use and publish the name and trademark(s)/logo(s) of their employer or the entity on whose behalf they are submitting the Entry, and to assist Sponsor in obtaining the same from the Winner in the event the Entrant is submitting the Entry on behalf of the Winner, for any advertising and promotional purposes relating to the Hyperion Hero Award, in any media now known or hereafter devised, without further notice, compensation, consideration, review or consent and without regard to moral rights, except where prohibited by law.If, for any reason, the Hyperion Hero Award is not capable of running as planned, including because of, tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Hyperion Hero Award, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Hyperion Hero Award, or disqualify an Entrant. Sponsor reserves the right to change these Official Rules at any time, with or without notice.
  12. Governing Law. These Official Rules are governed and interpreted by the laws of the State of Colorado, without regard to its conflict of law provisions.
  13. Rules & Winners. The winner will be announced on or about Apr 19th, 2019 at https://www.datavail.com/hyperion-hero/
  14. Sponsor. Datavail Corporation, 11800 Ridge Parkway Suite 125 Broomfield, CO 80021.

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