IDEABLOB.COM SUBMITTER AND VOTER TERMS AND CONDITIONS
Please read these ideablob.com Submitter and Voter Terms and Conditions (these “Submitter and Voter Terms”) carefully prior to registering on the ideablob.com website, submitting any business concepts or ideas (“Submission(s)”) for consideration in Advanta Bank Corp.’s (“Advanta”, “we”, “our”, or “us”) ideablob.com Contest (the “Ideablob.com Contest”) or voting on a Submission, as you (“you” or “Submitter”) are subject to these additional terms as well as the ideablob.com Official Contest Rules and the general ideablob.com Website Terms and Conditions. By submitting any business concepts and/or ideas for consideration or voting on a Submission in the Ideablob.com Contest, you represent, warrant, and covenant that you agree to be bound to these Submitter and Voter Terms. You should review these Submitter and Voter Terms regularly as they may change at any time at our sole discretion without notice or other obligation to you. Your continued participation in the Ideablob.com Contest following such changes signifies your agreement to be bound by such changes. If you do not agree to any term or condition of these Submitter and Voter Terms, you must not post any Submissions for consideration in the Ideablob.com Contest or vote for a Submission.
ideablob.com Submitter and Voter Contest Terms
You and all Submissions submitted by you, are subject to the terms of the ideablob.com Official Contest Rules (the “Rules”). You acknowledge receiving a copy of the Rules and agree to be bound by them. Advanta reserves the right to amend the Rules at any time, which are available on the homepage of the ideablob.com website.
You must register on ideablob.com website to be a Submitter or to vote for Submissions. You must provide your name and email address when you register. If Advanta determines at any time that the information you provided is deceptive or false, Advanta reserves the right, in its sole discretion, to suspend or permanently discontinue your registration and/or remove your Submission(s) from consideration in the Ideablob.com Contest.
As a voter, you can vote on Submissions, taking into account such factors as ingenuity, creativity, originality, and achievability of the Submitter’s business plan or concept. You may also take part in message board or blog discussions, if any.
There are restrictions on voting. Please see the Rules for the voting guidelines. Advanta reserves the right to disqualify any votes made through robotic, automatic, mechanical, programmed or similar entry duplication method and to prevent further participation by any voter using such methods.
You agree not to disparage, or to make any negative statements or participate in any negative publicity regarding Advanta, its products or services, or the Ideablob.com Contest.
Your Submission
By posting a Submission, you represent and warrant that:
your Submission comports with and does not violate the Rules;
your Submission is original and has not been copied in whole or in part from any other work;
you are the sole and rightful owner of the Submission;
your Submission does not infringe on any third party’s copyrighted material, trademark, privacy, publicity, patent, or other proprietary right;
your Submission complies with all applicable legal and regulatory requirements of any court, agency, or jurisdiction;
any use of your Submission by Advanta will not infringe or violate any rights of a third party or entity, including, without limitation, copyright, trademark, patent, defamation, privacy, publicity, false light, idea misappropriation, or any contractual rights;
all statements and claims made in your Submission are true and not deceptive or misleading; and
your Submission complies with content requirements for submission: i.e., it does not promote the use of alcohol, tobacco, or firearms, and is not unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, discriminatory, profane, or otherwise objectionable.
If you post photographs or images with your Submission(s), the photographs or images may not use or contain any depiction of any trademarks, trade names, third party copyrighted material, or any material owned by any third party. Photographs or images posted with your Submission(s) may only depict individuals shown in groups and cannot depict a public figure. No individual may be prominently displayed, unless you have received prior written permission from that person(s) granting you the right to display the photograph or image for publication and use in the Ideablob.com Contest and granting you the right to sublicense the right to use the photograph or image to Advanta. By submitting a photograph or image, you represent that you have received this written permission and agree to indemnify Advanta for any claims arising out of said use.
Advanta does not claim any ownership rights in your Submission(s). When you post your Submission for consideration in the Ideablob.com Contest, you grant Advanta, its affiliates, and their respective service providers, a worldwide, non-exclusive, royalty-free, and fully-paid limited license to use, modify, publicly perform, publicly display, reproduce, broadcast, and distribute such Submission(s) solely on and through the Ideablob.com Contest websites located at www.ideablob.com and on and through any medium or format in any advertising or promotional material for the Ideablob.com Contest, although you continue to retain all ownership rights in your Submission(s).
You understand and agree that Advanta has the right, in its sole discretion, not to post your Submission, to remove your Submission from the Ideablob.com Contest, and not to use, exhibit, or otherwise exploit your Submission. Advanta also has the right, in its sole discretion, to disqualify you, or suspend or terminate your access to the Ideablob.com Contest or restrict your ability to vote, if you have not complied with, or acted inconsistently with, the Submitter and Voter Terms, the ideablob.com Website Terms and Conditions, the Rules, or any other additional terms or agreements related to the Ideablob.com Contest (collectively referred to as the “Governing Terms and Conditions”).
You understand and agree that you will not be paid any money for voting on a Submission(s), posting a Submission, for granting the rights to your Submission as set forth in these Submitter and Voter Terms, or for agreeing to the Submitter and Voter Terms or any of the Governing Terms and Conditions. You understand and agree that you may only be entitled to an award of a sum of money (the “Prize”) if you are an Ideablob.com Contest Winner (as hereinafter defined), as determined by Advanta.
You understand and agree that third parties may post a Submission(s), make public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission. You acknowledge and agree that Advanta shall have the right to use and post such similar or identical Submission(s) and that such Submissions will be rated and voted upon individually as set forth herein.
The Ideablob.com Contest Winner
As provided in the Rules, if your Submission is a potential winner, you agree to be subject to, and comply with, a background check and/or additional requests for information, which may include, but is not limited to an investigation into your criminal background, fingerprinting, and credit history.
As provided in the Rules, Advanta reserves the right, in its sole discretion, to overrule whatever Submission is deemed to have received the highest number of votes and award the Prize to an acceptable alternate Submitter, for any reason whatsoever, including but not limited to:
The Submission, or any aspect thereof, is unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, discriminatory, profane, or otherwise objectionable;
The Submission could give rise to any civil or criminal liability under the law;
You breached any of the Governing Terms and Conditions;
The results of your background check were not satisfactory;
You will not agree to Advanta’s additional terms and conditions, as discussed herein in Section IIIC;
The Submission, or any aspect thereof, promotes the use of alcohol, tobacco, or firearms; or
Votes towards your Submission were disqualified where the votes were made through robotic, automatic, mechanical, programmed or similar entry duplication method and without the disqualified votes, and therefore, your Submission no longer received the most number of votes.
As discussed in the Rules, if Advanta determines, in its sole discretion, that you are the Ideablob.com Contest Winner (defined as the Submitter with the most number of votes who or which is thereafter deemed by Advanta, in its sole discretion, to be entitled to the Prize) for that particular Ideablob.com Contest Period, you agree to enter into any other further terms and conditions and execute and return any documents provided by Advanta, in order to receive the Prize.
As discussed in the Rules, if you are an Ideablob.com Contest Winner, you represent and warrant that the Prize will be used by you solely in connection with the implementation, support, or funding of the business idea or concept which formed the basis of your becoming the Ideablob.com Contest Winner.
You understand and agree that you will not be paid any money for voting on a Submission(s), posting a Submission, for granting the rights to your Submission as set forth in these Submitter and Voter Terms, or for agreeing to the Submitter and Voter Terms or any of the Governing Terms and Conditions. You understand and agree that you may only be entitled to an award of a sum of money (the “Prize”) if you are an Ideablob.com Contest Winner (as hereinafter defined), as determined by Advanta.
Limitation of Liability and Indemnification
Advanta will not use, and does not have any rights in, your Submission, except for the limited license enumerated in Section IIC. This does not mean, however, that third parties, such as visitors to the ideablob.com website, will not infringe or violate your intellectual property or any other rights in your Submission. Advanta cannot guarantee the confidentiality or security of your intellectual property rights and cannot control the use of your Submission(s), or the ideas or concepts within them, by third parties. Therefore, you acknowledge and agree that Advanta, its parent, subsidiary, and affiliate companies, its licensees and assigns, and their respective directors, officers, employees, agents, representatives, vendors, and contractors (collectively, the “Advanta Entities”) are not responsible, and are not liable, for the misuse, infringement, or violation of your intellectual property rights or any other rights, in your Submission(s) by a third party. You are solely responsible for any protection or enforcement of your intellectual property rights in your Submission(s).
You hereby release, discharge and hold harmless Advanta and the Advanta Entities from any claim or liability, whether now existing or arising in the future, arising from or related to your Submission(s) or Advanta’s, or any third party’s, use thereof, or arising from or related to the Ideablob.com Contest, or your participation therein.
You agree to indemnify, defend and hold harmless Advanta, the Advanta Entities and third party information providers from and against all claims, suits, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys’ fees resulting from any actual or alleged violation of these Submitter and Voter Terms, the Rules, your Submission(s), or your use of, or participation in, the Ideablob.com Contest.
Miscellaneous Terms
Our failure to insist upon or enforce strict performance of any provision of these Submitter and Voter Terms shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you and Advanta or its affiliates as a result of these Submitter and Voter Terms or the Governing Terms and Conditions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Submitter and Voter Terms. We may assign our rights and duties under these Submitter and Voter Terms to any party at any time without notice to you. If any provision of these Submitter and Voter Terms or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Submitter and Voter Terms, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of these Submitter and Voter Terms shall be valid and enforced to the fullest extent of the law. These Submitter and Voter Terms, together with the Governing Terms and Conditions, constitute the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. Sections II, IV, V and such other provisions that, by their terms, should survive any termination or expiration of these Submitter and Voter Terms, shall survive any termination or expiration of these Submitter and Voter Terms. The headings and titles in these Submitter and Voter Terms are for convenience only and shall not have any legal or contractual effect.