Innovate WithIN Competition Terms & Agreement

Dear Parent/Guardian,

Your student is interested in submitting an idea to the Innovate WithIN Pitch Competition. This is a competition available to all high-school school students (or youth aged 14-18) in Indiana. Participants begin by learning the basics of entrepreneurship, submitting a video pitch, and participating in workshops. There is the potential for winning participants to compete at in-person pitches across Indiana and potentially the state finals in Indianapolis. Funding for eligible businesses is available up to $25,000 along with college credit/scholarship offerings, and the chance to collaborate with Indiana’s top entrepreneurial mentors.

To participate, you must agree to the terms below:

Submission Agreement and Release 

In exchange for the intangible value I will gain by participating in the pitch competition commonly known as Innovate WithIN, and all activities related thereto, including without limitation, the business plan submission process, pitch competition, educational courses, and related events (collectively, “Innovate WithIN”) organized and managed by or on behalf of STARTEDUP FOUNDATION, INC., an Indiana non-profit corporation (the “Foundation”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to the following terms and conditions.

Business Plan Intellectual Property 

The Foundation will not take any ownership interest in such business plan and related work product I provide to the Foundation in connection with Innovate WithIN; provided, however, that I hereby grant to the Foundation a limited license to use my business plan and related work product for the purposes of organizing and managing Innovate WithIN and providing me with educational services related to Innovate WithIN.  I acknowledge that the Foundation owns and will own all intellectual property (i) owned by the Foundation prior to my participation in Innovate WithIN and (ii) developed or otherwise acquired by the Foundation independently of my participation in Innovate WithIN and any business plan or related work product I provide to the Foundation. I represent and warrant that any work product I provide to the Foundation and any work product developed by me in connection with my participation in Innovate WithIN does not, and will not, violate any rights (including without limitation intellectual property rights) of, or conflict with, or violate any contract or agreement with or commitment made to, any third party. I understand, in accordance with copyright law, that any materials, including online program materials, provided to me by the Foundation may only be used by me for its intended purpose and cannot be modified or otherwise disclosed or published, whether online or otherwise.

Publicity Waiver

I hereby irrevocably permit, authorize, grant, and license the Foundation and its affiliates, successors, and assigns, and their respective licensees, and the employees, officers, directors, and agents of each and all of them (collectively, "Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, and appearance, voice, professional and personal biographical information, and other personal characteristics and private information and all materials created by or on behalf of the Foundation that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of the Foundation and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me. The Foundation shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to the Foundation my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Foundation, and that the Foundation has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Foundation's editing, alteration, or use of the Materials, or the Foundation's presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by the Foundation in the Foundation's sole discretion. The Foundation has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

Information Consent

I acknowledge that information provided to the Foundation by me or on my behalf may be protected under the Family Educational Rights and Privacy Act (“FERPA”). To the extent any such information is subject to FERPA, I hereby provide my consent to (i) using such information for the purposes of organizing and managing Innovate WithIN and providing me with educational services related to Innovate WithIN and (2) disclosing such information to third parties for the potential of delivering information about higher learning credit, scholarships or other program opportunities. I understand and acknowledge that I have the right not to consent to the release of such information and that this consent shall remain in effect until revoked by me, in writing, and delivered to the Foundation, but that any such revocation shall not affect disclosures made prior to the receipt of any such written revocation.

Participation Release 

I am aware and understand that the activities related to Innovate WithIN (the “Activities”) may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Activities and have considered those risks. I hereby fully and forever release and discharge the Authorized Persons from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which may arise from my participation in the Activities. I agree not to make or bring any such claim or demand against the Authorized Persons, and fully and forever release and discharge the Authorized Persons from liability under such claims or demands.  I UNDERSTAND THAT THIS RELEASE DISCHARGES the Authorized Persons FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST the Authorized Persons WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR OTHERWISE.

THIS Submission Agreement and RELEASE PROVIDES THE FOUNDATION WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE FOUNDATION TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.

If you are under the age of 18, your parent or legal guardian must also agree to these terms and conditions as set forth below:

Parental Consent

I represent and warrant that (i) I am the parent or legal guardian of the minor named above, (ii) no court has issued any order, judgment, or decree granting custody of the minor to anyone else or otherwise affecting my rights as parent or legal guardian, (iii) the minor has not been emancipated, (iv) I have the legal right, power, and authority to consent to this Submission Agreement and Release on behalf of the minor and myself, and (v) I am at least 18 years of age. I have read, and I understand, this entire Submission Agreement and Release. By signing below, I understand that the Foundation is providing the minor the opportunity to participate in Innovate WithIN, and I agree to the minor’s participation in Innovate WithIN.

I further hereby consent to and approve in all respects the terms and conditions of this Submission Agreement and Release and the minor's execution of this Submission Agreement and Release and agree that both the minor and I shall be bound by all of its terms and conditions. I understand that this consent and approval is not revocable. I agree to defend, indemnify, and hold harmless the Authorized Persons from and against all claims, and demands of whatever kind or nature, either in law or in equity, which may arise or result from my or the minor's breach or alleged breach of this Submission Agreement and Release or any of the representations and warranties contained herein.