TERMS & CONDITIONS
CHANCES OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
Please read carefully the terms and conditions that follow:
The terms of use located at http://www.codeninjas.com/terms (“TOU”) and http://www.codeninjas.com/privacy (“Privacy Policy”) will also govern the relationship between You and Code Ninjas. In the event of any inconsistency or conflict between the terms and conditions of the TOU or Privacy Policy and this Agreement, the terms and conditions of this Agreement shall prevail.
By submitting video footage (a “Video”), each Submitter agrees to these: CODE NINJAS® PRODIGY PROGRAM TERMS AND CONDITIONS and the CONTENT SUBMISSION AGREEMENT below.
BY PARTICIPATING, SUBMITTER ACKNOWLEDGES THAT THEY PARTICIPATE AT THEIR OWN RISK AND THAT CODE NINJAS IS NOT RESPONSIBLE FOR ANY PHYSICAL HARM OR DEATH THAT MAY BEFALL ANY SUBMITTER AS A RESULT OF PARTICIPATION IN THIS CHALLENGE. SUBMITTER SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS, HARMFUL OR ILLEGAL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS CHALLENGE. SUBMITTER AGREES TO ABIDE BY ALL APPLICABLE LAWS.
Timing:
The Code Ninjas® Prodigy Program Contest (the “Contest”) begins August 1st, 2023, at 6:00 am Central Daylight Time (CDT) and ends August 31st, 2023, at 11:59pm CDT.
Who May Enter:
The Contest is open to legal residents of the United States, Canada, and the United Kingdom (excluding any state, province, or country where Code Ninjas does not have an existing franchise location) over the age of majority in their state, province, or country of residence that are the parent or legal guardian (or with written permission from the parent or legal guardian) of a current Code Ninjas CREATE program student (“CREATE Student”) enrolled no later than August 31, 2023.Employees of Code Ninjas or any of its respective affiliates, subsidiaries, agencies, franchisees, employees of franchisees, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible.
The Contest is void where prohibited or restricted by law.
Submission Criteria:
All submissions must be video footage referring or relating to the Student’s experience with Code Ninjas and how Code Ninjas has helped the Student come out of their shell (the “Theme”).
A Video must comply with the Content Submission Agreement below. For a Video in which a person is recognizable, to be eligible for a portion an Award you will be required to provide to Code Ninjas a modelrelease from the subject or, in the case of a minor, the subject’s parents or guardians prior to receiving an Award. Videos that violate or infringe upon another person’s intellectual property rights are not eligible.
Submission of a Video constitutes a Submitter’s certification that they meet the eligibility requirements set forth in these Terms and Conditions and the Content Submission Agreement. Code Ninjas reserves the right to verify eligibility of any potential Award recipient. Receiving a share of the Award is contingent upon fulfilling all requirements set forth herein. Awards will be given to Submitters only, and the Submitter shall be the Parent of the Ninja (student) whose account was used to submit the Video. Each video may only have one (1) Submitter. Individuals appearing in videos are not eligible for an Award unless they are also the Submitter of the Video.
How to Submit:
In order to submit, parents must either post their recorded video to a public social media channel tagging their local Code Ninjas and using the hashtag "#NinjasUnleashed". Or they must submit their video to the following link:
Selection of Winners:
Video submissions will be reviewed by Code Ninjas® location owners (“Owners”) at the location where the CREATE Student is enrolled at the time of submission. Owners will each select three (3) Videos to submit to Code Ninjas® Franchise Business Consultants (FBCs). FBCs will select three (3) Videos to win an Award (as defined below), including one Video from each of the United States, Canada, and the United Kingdom. Owners and FBCs will select their favorite Video. To determine which Videos will receive an Award, Owners and FBCs will consider subjective criteria such as creativity and originality, production quality, entertainment value, and adherence to the Theme.
Submitters agree to be bound by Code Ninjas’ decisions, which are final and binding on all matters related to the Contest. Recipients of an Award will be notified via email on or around September 8, 2023.
Award:
Code Ninjas will award three (3) prizes (“Award”) in the United States and Canada as follows: A visit Microsoft headquarters in Redmond, Washington on September 29, 2023 (the “Trip”), including $4,000 USD to be used toward travel and accommodations. Winners (as defined below) may be accompanied by up to 3 guests, one of whom must be the Student. Code Ninjas will provide Winners with additional information regarding the Trip itinerary, but Winners will be individually responsible for utilizing the above-referenced funds and arranging their own travel, accommodations, dining, and any other needs not specifically acknowledged by Code Ninjas in writing prior to the occurrence thereof. Any expenses not specifically mentioned shall be the sole responsibility of the Winners.
Residents of the United Kingdom are eligible to win one of three "Microsoft Surface Pro 9s" with an approximate retail value of £1,099. They are also invited to view the tour of Microsoft HQ, as defined above, virtually. In addition, same as in the United States and Canada, they are invited to virtually meet with leaders in key Microsoft divisions.
Total approximate retail value of all Awards: $28,000 USD.
LIMIT: One (1) Award per person or household.
As a prerequisite for receiving an Award, potential winners and guests will be required to sign a liability release and return the properly executed documents to Code Ninjas within five (5) days of attempted notification. A potential winner who satisfies all of the requirements, including, without limitation, those set forth in this paragraph, will be designated an official winner (a “Winner”). If Code Ninjas is unable to contact a potential winner within five (5) days of an attempted notification, if a potential winner fails to return required documents, or if a potential winner fails to comply with any requirements herein, their Award will be forfeited and an alternate prospective winner shall be selected.
Winners will not receive the difference between the actual and approximate retail value of the Award. Awards are non-transferable, and no substitutions will be made except as provided herein, in Code Ninjas’ sole discretion. Code Ninjas reserves the right to substitute a particular prize for one of comparable or greater value. Winners are responsible for any applicable taxes. Should tax liability arise, then it will be the responsibility of the Winner to notify their own Government’s relevant tax department. Code Ninjas takes no responsibility or liability for taxation or for any other costs incurred in connection with the prizes received in this Contest.
Code Ninjas reserves the right to cancel the Contest or modify these terms and conditions at its discretion. Code Ninjas’ decisions will be final.
Content Submission Agreement:
This Content Submission Agreement (the “Agreement”) is a binding agreement between you (“You”) and Code Ninjas LLC, a Texas limited liability company (“Code Ninjas”).
BY SUBMITTING CONTENT TO CODE NINJAS YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT CONTENT TO CODE NINJAS.
Employees of Code Ninjas, Code Ninjas’ affiliates, subsidiaries, individuals or entities contractually obligated to provide content to Code Ninjas are not eligible to receive any compensation pursuant to this Agreement.
You represent and warrant that You own or have the right to license to Code Ninjas pursuant to the terms herein all the video or audio visual content, footage and photographs filmed, captured and/or recorded, including any rights to the music contained therein, including the right to exploit any master recordings and underlying musical compositions as synchronized to the user generated content and the public performance rights for such user generated content and submitted by You to Code Ninjas through any delivery means prescribed by Code Ninjas (together, the “UGC”).
Code Ninjas wishes to license and You desire to grant Code Ninjas a license to include, exhibit, display, reproduce or distribute the UGC for any and all purposes, including commercial purposes, and including but not limited to the marketing, promoting and advertising of the Code Ninjas brand, products and services, testing of Code Ninjas’ technologies, monetization of content through advertising, subscription, licensing and other means. Such a license further includes, among other things, the right for Code Ninjas to incorporate the UGC in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Code Ninjas or its licensees (the “Code Ninjas Network”) to create what is referred to herein as the “Code Ninjas Network Materials.”
This Agreement also governs Code Ninjas’ use of the name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You or any third parties (“Appearances”) as included in the UGC. You represent and warrant that You have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the Content, including the real names, nicknames, likenesses, voices, live or recorded performances, autographs, photographs and biographical information of such third party individuals, and the owner of any music, images, video, audio, photos, text, or other material embedded within the UGC. If your UGC contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, You represent that You have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:
LICENSE GRANT. Submitting UGC means that You hereby grant to Code Ninjas, with a right to sublicense for commercial use, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license for Code Ninjas to use that UGC and Your Appearances or other identifying information in connection with Your UGC, and the right to record, copy, publicly perform, broadcast, exhibit, transmit, distribute create derivate works and otherwise exploit any master recordings and underlying musical compositions as synchronized to the UGC and provide the public performance rights for such UGC, for any purpose, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation:
USE OF YOUR UGC. Submission of Content to Code Ninjas is not a guarantee that Code Ninjas will publish or otherwise use the Content. For clarity, as part of the Licensed Uses, Code Ninjas may use Your Content, in whole or in part or as part of the Code Ninjas Materials without any further approval by You.
OWNERSHIP. Code Ninjas acknowledges and agrees that You retain all right, title and interest in and to the UGC and Appearances, including all intellectual property rights, rights of publicity or privacy and moral rights therein, other than those rights granted herein. You acknowledge and agree that Code Ninjas shall acquire all right, title and interest in the derivative works of the UGC that are contained as part of the Code Ninjas Network Materials.
INDEMNITY. You will indemnify, defend and hold Code Ninjas harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of Your representations and warranties in this Agreement; (b) any third party claim that the UGC or Appearances, or Code Ninjas’ use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights and (c) any third party claim that is based on any act or omission of You that results in personal injury, death, property damage or the violation of any law, ordinance or regulation.
LIMITATION OF LIABILITY. IN NO EVENT WILL CODE NINJAS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT OR CODE NINJAS'S USE OF THE CONTENT AND APPEARANCES, EVEN IF CODE NINJAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODE NINJAS’S TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY CODE NINJAS TO YOU PURSUANT TO THIS AGREEMENT. However, nothing in this Agreement excludes or limits or purports to exclude or limit the liability of either party for: (a) death or personal injury resulting from negligence; (b) any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (c) for any liability which cannot be excluded or limited by applicable law.
GENERAL. This This Agreement will be governed by and construed in accordance with the laws of the State of Texas, excluding that body of law known as conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the state or federal courts of record for Harris County, Texas and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign or transfer this Agreement without Code Ninjas’ prior written consent, and any attempt to do so will be void. Code Ninjas may freely assign this Agreement. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by both parties. If any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement of the parties regarding its subject matter, and supersedes all prior understandings and agreements between the parties regarding its subject matter. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, or agency between the parties.
In compliance with the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, the following provisions apply specifically to users in the UK who participate in the Code Ninjas Prodigy Program:
Data Controller: Code Ninjas shall be considered the data controller. As such, we determine the purposes and means of processing personal data collected through the Prodigy Program.
Purpose of Data Collection: Personal data is collected for the purposes of:
• Registering participants.
• Communicating updates, offers, and feedback regarding the program.
• Any other purpose explicitly stated during the collection of said data.
Data Retention Period: Personal data shall be retained for the duration necessary to fulfill the aforementioned purposes or until a user requests deletion.
User Rights: In accordance with GDPR, UK users have the following rights:
• Access to personal data.
• Rectification of inaccurate data.Erasure of personal data (“the right to be forgotten”).
• Restriction of processing.
• Data portability.
• Objection to processing.
• Rights in relation to automated decision-making and profiling.
Data Portability: Users can request a copy of their personal data in a structured, commonly used, and machine-readable format.
Consent: Participation in the Code Ninjas Prodigy Program requires the consent of users to process their personal data for specified purposes. Users can withdraw this consent at any time.
Data Breaches: In the event of a data breach, we will promptly notify affected UK users and the appropriate UK regulatory authority within 72 hours, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
Data Transfers: For users in the UK, any transfer of personal data outside of the UK will be carried out in compliance with GDPR and the UK Data Protection Act. We will ensure that adequate safeguards are in place before transferring your data.
Third-Party Processing: Any third-party processors engaged by Code Ninjas for the purpose of the Prodigy Program are obligated to adhere to GDPR and the UK Data Protection Act 2018.
Complaints: If users believe their data rights have been violated, they have the right to lodge a complaint with the UK’s Information Commissioner's Office (ICO) or any other appropriate supervisory authority.
Updates to This Supplement: We may update this GDPR supplement to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will communicate any significant changes and obtain consent where necessary.
Contact Information: For more information, or if you have concerns regarding your personal data, please contact our Data Protection Officer at domains@codeninjas.com .
By participating in the Code Ninjas Prodigy Program, UK users acknowledge and agree to the provisions laid out in this GDPR supplement.
GDPR Compliance
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