ADDITIONAL PROVISIONS:
Copyrightable materials submitted to ETQ as part of any Entry may be freely copied and distributed by ETQ. Entrant grants ETQ an irrevocable, perpetual, royalty-free, non-exclusive, worldwide right and license to use, duplicate, distribute, display, adapt, modify, create derivative works from, and exercise any other rights with respect to, for any purpose whatsoever, including incorporation into future ETQ products, any concepts, ideas, inventions, techniques, discoveries, know-how, information, materials, software and any other aspects of the Entry; provided, however, that in the exercise of such rights, it does not reveal the identity of Entrant except in connection with exhibiting the Entry solely in the form in which it was entered by Entrant. ETQ reserves the right to promote the ETQ Innovation Excellence Customer Award and use Entrant’s name, other corporate identifier information and information regarding its Entry in press releases, case studies, and marketing materials.
Further, as a condition to Entrant's eligibility to participate in this Award Program, all Entrants will cooperate with ETQ by providing information regarding itself and their entry, including without limitation: the applicable Entrants’ employees’ names and likenesses (and their individual consent(s) to same); case studies; conference presentations; articles; press releases; performance data; any related marketing materials; and photos of their Entries (if applicable). ETQ may use such information without compensation.
Entrant agrees that ETQ shall not be liable for exemplary, punitive, indirect, incidental or consequential damages, or any other damages, regardless of form of action, whether in contract, tort, strict liability, by operation of statute or otherwise, and that all causes of action arising out of or connection with the ETQ Innovation Excellence Customer Application Award program, or any prizes awarded, shall be resolved individually, without resort to any form of class action.
Entrant agrees that the operation of the Award Program is governed by the laws of the State of Massachusetts, United States, and that any dispute relating thereto will be governed by, and construed in accordance with, the laws of the State of Massachusetts, without reference to conflict of law principles, and the participants consent to personal jurisdiction in the state and federal courts of the State of Massachusetts and agree that such courts have exclusive jurisdiction over all such disputes.
As a condition of winning and claiming the prizes, winning Entrants and their personnel participating in the ETQ Innovation Excellence Customer Award program must complete, sign and return an affidavit of eligibility, liability release and publicity release to be supplied by ETQ within thirty (30) days calendar days of receipt of prize notification. If these documents are not completed and executed as requested by ETQ and executed copies are not received by ETQ within thirty (30) calendar days after they have been sent by ETQ to said winning Entrant, prizes will be forfeited and awarded to an alternative winner. If the notification is returned as undeliverable, the prize will be forfeited and awarded to an alternate winner.