Terms and Privacy

Compete System for IT

THESE TERMS OF USE (“TERMS”) PERTAIN TO THE SERVICE (“SERVICE”) OFFERED THROUGH UNTAPCOMPETE.COM (“SITE”) BY Compete System For IT (“COMPANY” OR “WE” OR “US”). PLEASE READ THE TERMS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU ARE USING THIS SITE ON BEHALF OF AN ENTITY, COMPANY, OR OTHER ORGANIZATION (“ORGANIZATION”), YOU AGREE THAT YOUR USE OF THIS SITE ALSO BINDS YOUR ORGANIZATION AND IN SUCH EVENT, “YOU” ALSO MEANS YOUR ORGANIZATION. IF YOU OR YOUR ORGANIZATION DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE UNTAPCOMPETE.COM.

Terms Governing Untap Compete’s Service Provision

Compete owns and runs Untap Compete (http://untapcompete.staging.wpengine.com); a submission management software used by organizations to quickly build and manage competition and call for applications websites and workflows.

If a customer ordered one of Untap Compete’s paid service plans detailed on http://untapcompete.staging.wpengine.com/pricing, Untap Compete acts as the provider of​

  1. the submission management platform,
  2. the setup and configuration services, and
  3. the ongoing technical support throughout the duration of the Competition or Call for Applications created in accordance with the selected service plan.

Untap Compete  lets organizations easily and quickly plan, launch and manage online prize-based competitions and calls for applications. It streamlines the process of building a dedicated website, receiving and managing submissions, engaging with participants, and evaluating entries.

Untap Compete provides an engine for setting up and customizing a website for a competition or call for applications that can include any content and updates. The website also includes an “Apply Now” page for interested participants to sign up (or log in) to their accounts and make a submission.

In addition to the website, Customer Admin(s) receive access to a dedicated submission management account on Untap Compete. The account enables the Admin to create new competitions or calls for applications and manage existing ones.

Interested participants can sign up to access their dedicated account and be able to submit their applications and monitor status updates regarding their submissions.

Admin(s) can send invitations to Judges in order to access their dedicated account and be able to evaluate submissions.

Every competition or call for applications on Untap Compete consists of at least one Submission Round. The first Round would usually be open for anyone to apply. The Round requires a submission form for interested participants to fill out.

It can also have an evaluation form with predefined evaluation criteria – each with an assigned weight – for judges to fill out. Those with the highest average scores are usually selected as Round Winners; they qualify to the next round.

The submission form and the evaluation form are both fully customizable. Submissions can include any number of PDF documents, images, and/or videos. Attachments can be of any size up to 200 MBs per file upload. Feedback of the Judges can be visible to the Participants on their accounts.

Compete, based on the service plan, can support in inserting the content on the website and setting up the submission and evaluation forms, and ensuring that the Admin(s) are fully acquainted with the system.

Through Untap Compete, Compete System for IT provides paying customers with the following depending on the selected service plan:

  • A Website Builder Along With The Necessary Support To Insert And Publish The Call For Applications Online On A Dedicated Website Hosted On Untap Compete’s Servers.
  • A Submission Management Platform Accommodating The Plan’s Features And Selected Add-Ons.
  • Support In Setting Up The Submission And Evaluation Forms.
  • Onboarding Of The Customer’s Admin(s) On Untap Compete.
  • Technical Support Provided To The Customer’s Admin(s) Through Our Live Chat Support.

Project And Launch Management

Under certain service plans and add-ons, Compete assigns an onboarding specialist to oversee the delivery of the Setup Services. The onboarding specialist’s goal is to facilitate a guided, controlled, coordinated, and informed engagement.

  1. A Single Point Of Contact Will Be Assigned From Untap’s Side For Inquiries Throughout The Competition Or Call For Applications.
  2. The Onboarding Specialist Will Coordinate And Manage Activities Owned By Various Internal Compete Groups Throughout The Service Duration.

Assumptions, Acknowledgements, And Exclusions

Compete’s obligations under these terms are subject to the following assumptions:

  1. No Custom Functionality Is Being Delivered Under The Scope Of The Work. All Delivery Will Make Use Solely Of Untap Compete Existing Features.
  2. The Customer Acknowledges That Any Changes To The Setup By The Customer’s Team After The Completion Of The Setup Services Delivered May Impact The Functionality And/Or Performance Of The Site And The Customer Assumes Responsibility For Any Such Changes.

Ownership of Customer-Owned Deliverables. Compete agrees that the Customer will own all rights, title, and interest in the Content and Data generated by the Competition or Call for Applications, including the Intellectual Property Rights subsisting in those data. The Customer hereby grants to Compete, a worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable (upon breach) license to use the data only to the extent required for Compete to provide the necessary Setup, Management, Technical Support in addition to work on Untap Compete’s Product Development, Enhancement, Updates, and Upgrades.

Compete is committed to never sharing or disclosing any Customer-Owned Data or Content without being granted the Customer’s written consent to do so (except as may be required for the performance of services under this Agreement or as may be required by law).

Ownership Of The Technology

The parties acknowledge that any Configuration Services provided under these Terms primarily involve the configuration of the Customer’s subscription to Untap Compete and not the creation of any Deliverables.

The Customer will not obtain any rights, title, or interest in any Compete Background IP, whether or not it is incorporated into, or used in connection with creating or developing, a Competition or a Call for Applications. Compete retains ownership to the Deliverables created or developed by Compete in connection with providing the Platform and Compete Background IP (together, the “Compete Materials”).

Compete and the Customer respectively agree to keep in confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of services under this Agreement or as may be required by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. Compete and the Customer will take reasonable precautions to safeguard the property of the other entrusted to it, but in the absence of negligence or willful disregard, neither Compete nor the Customer will be responsible for any loss or damage.

Under the General Data Protection Regulation (GDPR) (EU) 2016/679, we have a legal duty to protect any information we collect from you. Information contained in this platform and any attachments added by you or your program participants will be used only for the original purpose and will not be shared to third parties. If you want to access or delete your information from our database, you can always contact us via emailing [email protected].

Under the General Data Protection Regulation (GDPR) (EU) 2016/679, your call for applications or competition need to have a privacy policy and a cookies consent form. We help you set this up. Note that we do not use the data you collect from your program participants. It is your legal duty to protect this data and to give your participants the option to delete their submissions via contacting you. If you want to access or delete your information from our database, you can always contact us via emailing [email protected].

Registration Information

You need an Untap Compete account before you can use the service. When you register for an account, we collect your name and email address.

Submission Information

We receive the information you submit to Untap Compete’s submission management system.

To Monitor, Maintain, And Improve Our Services And Features

Untap Compete internally performs statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. We may use your information for internal purposes designed to keep our services secure and operational, such as for troubleshooting and testing purposes, and for service improvement and development purposes.

To Create New Services, Features Or Content

We may use your aggregated data and application metadata (that is, data about the characteristics of a submission management workflow) to create and provide new services, features or content.

Data Analytics Opt-In Option

Every Customer will be given the opportunity to opt-in for our Data Analytics experimental features; Compete will analyze the performance of the Customer’s Competitions and/or Calls for Applications and run machine learning algorithms on the Customer’s generated Data in order to 1) provide access to semi-automated screening and filtration of Participant Submissions and 2) generate and display useful insights and comparisons that relate to the performance of the Customer’s Competitions and/or Calls for Applications on the Customer Untap Compete’s account.

Disclosures Required By Law

We may disclose your information as required or permitted by law, for purposes of national security and law enforcement, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, and/or to comply with a judicial proceeding, court order, or other legal process served on us.

Access And Correct Your Personal Information

These rights may be exercised through your account management page, and in all cases, requests to exercise these rights may be directed to [email protected].. These rights are subject to some exceptions, such as where giving you access would have an unreasonable impact on the privacy of other individuals. We will respond to your request to exercise these rights, and if not subject to any exception, we will honor your request.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Opt-In Preferences

When you register for an account, you will be given the option to give us permission to use your name and email address to send periodic emails to you both promotional and transactional. You may choose to stop receiving promotional emails by following the unsubscribe instructions included in these emails, or you can contact us at [email protected]..

We will also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature.

Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at [email protected]…

Cookies / Tracking Technologies

Untap Compete uses cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

Log Files

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and to administer the site.

Payment Terms

For Customers that purchase our Services, fees are specified on our Pricing page http://untapcompete.staging.wpengine.com/pricing — and must be paid in advance via Credit Card and/or Bank Wire Transfer.

Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. In the event Customer downgrades any subscriptions from a paid plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.

Downgrade For Non-Payment

If any fees owed to Compete by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality.

Contract Term

A paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions.

Auto-Renewal And Service Expiration

Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) every month as long as the Competition or Call for Application is running and not deemed concluded or expired. Upon the conclusion of the Customer’s Competition and/or Call for Applications, no monthly fees will be deducted.

Untap Compete will identify a Competition and/or Call for Applications as concluded in the case of the following conditions:

  • A Number Of Participants Have Been Identified As Winning Participants In The Last Registered/Created Submission Round Of The Competition And/Or Call For Applications.
  • No Further Submission Round Is Created.
  • Judging Is Concluded In The Last Round As Communicated To The Participants.

Either party can also give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. Customer can send their notice via email to [email protected].

Termination With Cause

We or the Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.

Termination Without Cause

Customer may terminate its free/trial subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.

Effect Of Termination

Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Any amendments to this Agreement must be in writing and signed by Compete and the Customer.

Any notice shall be deemed given on the day of sending an email.

This Agreement shall be interpreted in Compliance with Applicable Law. Each party will comply with Applicable Law as it relates to such party’s performance under the Agreement.

Account Terms

  1. You Must Be A Human. Accounts Registered By “Bots” Or Other Automated Methods Are Not Permitted.
  2. You Must Provide A Valid Email Address, And Any Other Information Requested In Order To Complete The Signup Process.
  3. You Are Responsible For Maintaining The Security Of Your Account And Password. We Are Not Liable For Any Loss Or Damage Resulting From You Sharing Or Otherwise Making Known To Others Your Credentials For Accessing Your Account. You Are Liable For All Actions Taken Through The Use Of Your Account And/Or Password. You Must Notify Us Immediately If You Suspect Any Unauthorized Use Of Your Account Or Access To Your Password.
  4. You Are Responsible For All Content Posted Or Otherwise Made Available By You In Connection With The Service (“Content”).
  5. Users Have A Non-Transferable, Non-Exclusive License To Access This Site, To View Information Contained At This Site, And To Use The Service. You Agree Not To Use The Site For Any Unlawful Purpose. Additionally, You Will Not In Any Way Access, Use, Or Copy Any Portion Of The Site, The Service Or Its Features To Directly Or Indirectly Develop, Promote, Distribute, Sell Or Support Any Product Or Service That Is Competitive With Our Products And Services Or To Disparage Us Or Our Products Or Services.
  6. You Agree Not To Rent, Retransmit, Disclose, Publish, Sell, Assign, Lease, Sublicense, Market, Or Transfer The Site Or Any Portion Thereof. You Agree Not To Copy, Reverse Engineer, Translate, Port, Modify Or Make Derivative Works Of Any Portion Of The Site. Tampering With The Site Or The Service, Misrepresenting The Identity Or Age Of A User, Using Buying Agents Or Conducting Fraudulent Activities On The Site Are Prohibited.

Ownership And Intellectual Property

  • We Own The Site, The Service And All Intellectual Property Rights Associated With Them. Users Have A Non-Transferable, Non-Exclusive, Revocable License To Access This Site, To View Information Contained At This Site, And To Interact With The Site. You Retain Rights To Your Content And Your Submission. By Submitting Any Material Including Content To Any Public Area Of The Site (Including, But Not Limited To, Blog, User Commenting, Social Media), You Automatically Grant, Or Warrant That The Owner Of Such Material Has Expressly Granted, Us The Royalty-Free, Worldwide, Perpetual, Irrevocable, Non-Exclusive Right And License To Use, Reproduce, Modify, Adapt, Publish, Display, Translate And Distribute Such Content, In Whole Or In Part And/Or To Incorporate It In Other Works In Any Form, Media Or Technology Now Known Or Hereafter Developed. You Permit The Site To Present And Store Your Content And Make Content Available To Companies To Whom You Have Submitted Content. You Retain Ownership Of Content Unless You Give Express, Written Consent To An Organization To Use Content In Any Form.
  • All Logos And Trademarks Appearing On The Site Are The Property Of Their Respective Owners.

Use Of The Service And Site

Illegal Use The transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

  • Infringes Any Copyright, Trademark, Trade Secret, Patent Or Other Intellectual Property.
  • Constitutes An Illegal Threat Made Against Any Person Or Organization.
  • Violates Export Control Laws Or Regulations.
  • Is Obscene, Pornographic, Indecent, Or Defamatory.
  • Constitutes An Attempt To Defraud Others.

Forgery

Neither the Site nor the Service may be used in a manner which purposely alters or forges any user’s identity. Users may not engage, without limitation, in the following activities:

  • Sending Any Message Or Transmitting Any Electronic Communication Using A Name Or Address Other Than User’s Own For Purposes Of Deception.
  • Impersonating Someone Else By Altering User’s Source IP Address Or By Using Forged Headers Or Other Identity Information.
  • Fraudulently Concealing, Forging Or Otherwise Falsifying User’s Identity In Connection With Any Use Of The Web Site(S) Or Services.

Security

Neither the Site nor the Services may be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage in the following activities:

  • Gaining Unauthorized Access To, Or Attempting To Compromise The Normal Functioning, Operation Or Security Of Any Network, System, Computing Facility, Equipment, Data Or Information.
  • Engaging In Any Activities That May Interfere With The Ability Of Others To Access Or Use The Site, The Services Or The Internet (I.E., Denial Of Service Attacks).
  • Monitoring Any Data, Information Or Communications On Any Network Or System Not Owned By User Without Authorization.
  • Gaining Unauthorized Access To The User Accounts Or Passwords Of Other Users Of Any System.
  • Attempting To Intercept, Redirect Or Otherwise Interfere With Communications Intended For Others.
  • Knowingly Transmitting Files Or Messages Containing Computer Viruses Or Propagating Worms, Trojan Horses, Or “Spyware” Programs.

Email

Neither the Site nor the Services may be used to distribute email in an improper or illegal manner. Users may not engage, without limitation, in the following activities:

  • Transmitting Unsolicited Mass Or Commercial Email (I.E. Spamming) For Any Purpose.
  • Enlisting A Third Party To Transmit Unsolicited Email On The User’s Behalf.
  • Collecting Responses From Unsolicited Mass Or Commercial Email, Or Advertising Any Website Or The User’s Identity In Such Email.
  • Transmitting A Large Amount Of Email To A Recipient With The Intent To Disable Their System (I.E., Mailbombing).
  • Using Another Party’s Electronic Mail Server To Relay Email Without Express Permission.
  • Any Email Message Containing Informational Or Commercial Content Is Considered Unsolicited Unless It Is Sent To A Recipient Who Expressly Requested Receipt Of Such Email Via An “Opt-In” Process. It Is Each User’s Responsibility To Prove That The Recipient Explicitly Requested Inclusion On An Email List.

Hosting

We utilize a third party to provide hosting for the Service and reserve the right to change providers.

All access to the Services will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”). All Hosting Provider Terms (including those for WP Engine which are found at https://wpengine.com/legal/terms-of-service/) are incorporated herein by reference.

Indemnification

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site or Services and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

Spyware And Viruses

We assume no responsibility, and are not be liable for any damages resulting from any spyware or viruses that may infect your computer equipment or other property resulting from your access to, use of, or downloading of any materials, data, text, images, video, or audio from the site.

Participant Submissions

In connection with Participant Submissions, you agree that you will not:

  1. Submit Material That Is Copyrighted, Protected By Trade Secret Or Otherwise Subject To Third Party Proprietary Rights, Including Privacy And Publicity Rights, Unless You Are The Owner Of Such Rights Or Have Permission From The Legal Owner To Post The Material And To Grant Untap Compete All Of The License Rights Granted Herein.
  2. Publish Falsehoods Or Misrepresentations That Could Damage Untap Compete Or Any Third-Party.
  3. Submit Material That Is Unlawful, Obscene, Defamatory, Libelous, Threatening, Pornographic, Harassing, Hateful, Racially Or Ethnically Offensive, Harmful To Children, In Violation Of Any Third Party’s Rights Or Encourages Conduct That Would Be Considered A Criminal Offense, Give Rise To Civil Liability, Violate Any Law, Or Is Otherwise Inappropriate.
  4. Post Advertisements Or Solicitations Of Business.
  5. Submit Or Transmit Any Viruses, Worms, Trojan Horses And Other Harmful Or Malicious Code, Files, Scripts, Agents Or Programs.
  6. Violates Untap Compete’s Acceptable Use Policy.
  7. Impersonate Another Person.

Untap Compete does not endorse any Participant Submissions or any opinion, recommendation, or advice expressed therein, and Untap Compete expressly disclaims any and all liability in connection with Participant Submissions. Untap Compete does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services.