PURPOSE: THIS WAIVER, TOGETHER WITH THE 2021 Ford MakeItDriveable Virtual Edition Europe Challenge TERMS AND CONDITIONS GOVERNS YOUR PARTICIPATION IN THE 2021 FORD MAKE IT DRIVEABLE VIRTUAL EDITION EUROPE CHALLENGE (“FORD CHALLENGE”), HOSTED BY FORD MOTOR COMPANY (“FORD”).

 

IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS SET FORTH HEREIN YOU WILL NOT BE ELIGIBLE TO BE CONSIDERED IN THE FORD CHALLENGE.

 

1. 

I represent and warrant that my participation in the 2021 FORD VIRTUAL EDITION EUROPE CHALLENGE will be in full understanding of the guidelines outlined below and I will not attempt to defraud or deceive Ford or its representatives in conjunction with my participation in the Ford Challenge.

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2. 

I understand and agree that if I am selected as a finalist in the 2021 Ford Virtual Edition Europe Challenge, I may have the opportunity for the following: (i) work directly with the Ford team to further build out my “Challenge Project”; (ii) have my “Challenge Project” approved by Ford as a commercially available Ford Connected Application (subject to Ford's written approval and an additional written agreement entered into with Ford) (iii) have Ford promote my “Challenge Project"; and (iv) have the opportunity to win prizes.  I have agreed to the Ford Application Development Agreement found at  and understand that the terms of this agreement are in addition to the terms of the Ford Application Development Agreement and hereby agree that my “Challenge Project” shall be considered my Ford Connected Application within the terms of the Ford Application Development Agreement.

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3. 

I understand that by participating in the Ford Virtual Edition Europe Challenge, I (i) agree to allow Ford to review and have the opportunity to consider my 2021 “Challenge Project” for selection to be a finalist in the Ford Virtual Edition Europe Challenge; (ii) accept that Ford is not obligated to select my “Challenge Project” for consideration; (iii) am not giving up the rights and ownership of my “Challenge Project” to Ford if I should be selected as a finalist; (iv) accept that the finalists will be selected solely at the discretion of Ford based on the criteria outlined in Section 5; and (v) understand that if I am selected as a finalist, Ford makes no guarantees that my “Challenge Project” will be approved as a commercially available either via Ford AppLink or for use in Ford Connected Vehicles and should Ford decide, in its sole discretion, that my “Challenge Project” shall be made commercially available as a Ford AppLink Connected Application or for use in the Connected Vehicle, such permission will be granted separate of this waiver, in writing, by Ford.

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4.

I understand that based on their sole discretion, Ford will consider “Challenge Projects” based on, but not limited to the following categories: (i) smartphone mobile compatibility technology, (ii) voice-control/command functionality, (iii) appropriate for in and out of vehicle use and (iv) commercial viability (v) driver benefit and experience.

 

 

5.

I understand and accept the decisions that Ford and its representatives affecting the 2021 Ford Virtual Edition Europe Challenge are final and binding. Please refer to Ford MakeItDriveable Virtual Edition Europe Challenge Terms and Conditions for further information on acceptance criteria. Legal recourse is excluded.

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6.

I understand and accept that Ford reserves the right at its sole discretion to suspend or terminate this opportunity at any time.

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7.

I understand and agree that participating in the Ford Virtual Edition Europe Challenge does not make me an employee of Ford and that no employer-employee relationship is established between Ford and me.

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8.

I understand and acknowledge and hereby, for myself, my heirs, executors and administrators and anyone who may take by or through me, release and agree to indemnify, hold harmless and defend Ford, their respective parent companies, subsidiaries, distributors, affiliates, advertising and promotion agencies and companies involved in the design, implementation and execution of the Ford Virtual Edition Europe Challenge, as well as the directors, officers, employees, representatives and agents of any of the above entities, from any and all liability, claims or actions of any kind associated with my participation in the 2021 Ford Virtual Edition Europe Challenge.

 

 

9. 

I understand and agree that, if any statement made by me in this Waiver is false, Ford may seek legal recovery from me in law and/or in equity. Such recovery may include but is not limited to my disqualification from the Promotion and the return of any prize(s) awarded to me in the Promotion or the value of said prize(s) immediately upon demand.

 

 

10.

I represent and warrant that my Challenge Project is entirely owned work and that it does not infringe the rights of any third party, including without limitation any intellectual property of any other person or entity and I agree to indemnify and keep indemnified Ford from and against all claims and liabilities relating to infringement thereof arising from my Challenge Project.

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11. 

I understand that any information or content I submit, display or otherwise disclose during my participation in the 2021 Ford Virtual Edition Europe Challenge will not be treated as confidential and I hereby waive any expectation of confidentiality. I hereby agree to not bring any claim or suit against Ford asserting misappropriation of confidential information or trade secrets.

 

 

12.

I hereby agree that I may not assert any rights, if Ford will use an idea, which is similar to my Challenge Project and previously known by Ford, developed by its employees, or obtained from sources other than me.

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13.

I UNDERSTAND AND AGREE THAT THE FORD VIRTUAL EDITION EUROPE CHALLENGE MAY BE RECORDED IN AUDIO, VISUAL AND/OR DIGITAL FORMAT BY FORD OR ITS REPRESENTATIVES AND THAT FORD WILL BE THE OWNER OF SUCH RECORDING(S) AND MAY, WITHOUT ANY PAYMENT OBLIGATION, BROADCAST OR OTHERWISE USE SUCH RECORDINGS COMMERCIALLY WITHOUT NOTICE, APPROVAL OR COMPENSATION TO ME, ALTHOUGH NOTHING HEREIN OBLIGATES FORD TO DO SO. WHERE LEGAL, I FURTHER AGREE TO THE COLLECTION, RETENTION, USE TRANSFER, DISCLOSURE AND SHARING OF MY PERSONAL DATA INCLUDING NAME, PORTRAIT,PICTURE, VOICE, BIOGRAPHICAL INFORMATION, LIKENESS AND OTHER INDICIA OF MY IDENTITY BY FORD IN CONJUNCTION WITH THE FORD CHALLENGE FOR ADVERTISING/PUBLICITY/TRADE PURPOSES, AT ANY TIME OR TIMES, IN ALL MEDIA NOW KNOWN OR HEREAFTER DISCOVERED, WORLDWIDE INCLUDING COUNTRIES WITH A LEVEL OF DATA PROTECTION THAT IS NOT  COMPARABLE TO THE ONE INSIDE THE EU AND ON THE WORLD WIDE WEB AND INTERNET WITHOUT MY FURTHER APPROVAL OR COMPENSATION OF ANY NATURE.

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