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Pitch Your Big Idea!

Employee
Employee

Southwest Airlines began with two friends, over drinks, with an idea sketched out on a cocktail napkin. That big idea created the nation’s largest domestic carrier and one of the world’s most honored companies. We’ve led the way in doing things a little differently at Southwest. In that same spirit, we are empowering and encouraging young minds to take their ideas from their dorm rooms, to pitching them to potential investors with the hope of attracting interest and support for their vision. Through our new partnership with RECESS, a music and innovation festival, we witnessed some incredible stories and big ideas, such as ThirdEye. The challenges faced by a visually impaired relative inspired five students at the University of Pennsylvania to create ThirdEye during a hackathon three weeks into their freshman year. ThirdEye is a software program that recognizes and verbally identifies everyday items to assist the visually impaired. Through their entrepreneurship journey, the founders of ThirdEye not only strive to help the visually impaired live more independently, but to also make a positive impact on the world. As the winner of the RECESS Pitch contest at the University of Pennsylvania, ThirdEye will participate in the finals “Field Trip” scheduled to take place Jan 14-16, 2016. thirdeye thirdeye3

ThirdEye being pitched at RECESS

Do you have a big idea of your own? If you’re a college student ready to make your big idea a reality, submit your Pitch to our friends at RECESS by Nov 15. You’ll have a chance to advance to the finals Field Trip in Los Angeles where you will embark on a three-day, all-expense paid excursion to Los Angeles to meet with mentors, industry leaders and investors. If your idea incorporates a way to revolutionize the customer experience in the travel industry, make sure to submit your idea in the exclusive Southwest Travel category for a chance to win roundtrip travel to New York City, Los Angeles, and San Francisco to seek investors. The individual or team of two will also be invited to Southwest Airlines Headquarters in Dallas, TX to discuss their idea. For more details please visit recess.is. thrideye

From left to right: Chris Roan (Mother New York ), Jeff Bakalar (CNET), Luke Schantz (Softlayer), Rajat Bhageria (Founder, ThirdEye), Evan Sites-Clayton (Founder, TeeSpring)

RECESS 2015 PITCH COMPETITION Official Rules THIS CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA AND ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The RECESS 2015 Pitch Competition (the “Contest”) is a competition that identifies and recognizes the most innovative, impactful, and viable student-run businesses and is designed to encourage eligible U.S. college students (“Entrant(s)” or “You”) to pitch their business ideas. Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the “Rules”). SPONSOR. The Contest is sponsored and promoted by RECESS Digital LLC (“RECESS” or “Sponsor”), a Delaware limited liability company with principal place of business at 5 Rose Ave., Venice, CA 90291. BINDING AGREEMENT. Please read these Rules carefully prior to entering the Contest as they form a binding legal agreement between you and RECESS with respect to the Contest. You may not enter the Contest, submit an entry to the Contest and are not eligible to receive the Prizes described in these Rules unless you agree to these Rules. By participating in the Contest, Entrants, or an Entrant’s parent or legal guardian if the Entrant is under the legal age of majority in his/her jurisdiction of residence (each, a “Minor”): (a) agree to be bound by these Rules, by the interpretation of these Rules by RECESS and by the decisions of RECESS; (b) acknowledge compliance with these Rules; (c) represent and warrant that entrant meets all of the eligibility criteria set forth in these Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to release and hold harmless the RECESS from and against all claims, injury, or damages arising out of or relating to participation in the Contest and/or the use, misuse or redemption of a Prize, and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action. The parents or legal guardians of Minors further represent and warrant that the entrant is capable of agreeing to these Rules and giving the consent contained herein.​ ELIGIBILITY. To be eligible to enter the Contest, an Entrant must: (a) Be 18 years or older at the time of entry, or have the parent’s or legal guardian’s permission to enter into the Contest. No entries will be accepted from Entrants under the age of 13; (b) Be a legal resident of the United States; (c) Be the founder and/or owner of an Eligible Student Business (defined below) or otherwise have the legal capacity to enter into contracts on behalf of the Eligible Student Business. In order to qualify as an “Eligible Student Business”: (a) The business must be a student-run business and must have a minimum of one (1) founding member that is a currently enrolled U.S. college student currently attending one of the schools listed as a RECESS Spring 2015 Tour Date School (“RECESS Tour Schools”) (http://recess.is/2015-spring/application/)or the student-run business must have a minimum of one (1) founding member that is a currently enrolled U.S. college students that submit as a non-RECESS Tour School (“At-Large Bids”); (b) The proposed idea and/or business plan of the student-run business (the “Business Plan”) should be suitable for funding at some level; (c) The student-run business must not be in violation of any intellectual property rights of any third party; and (d) The Business Plan of the student-run business cannot be a franchise. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of RECESS, and its subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Entrants are eligible to participate if they participated in previous competitions sponsored by RECESS as long as the Business Plan is different from the previous submissions in such competitions. 4. CONTEST PERIOD. The Contest entry period begins on September 9, 2015 at 12pm Eastern Time (EST) in the United States and ends on the following dates (the “Contest Period”): (i) September 27th at 11:59pm EST for those Entrants of University of Miami; (ii) October 1st, 11:59pm EST for those Entrants of University of North Carolina Charlotte; (iii) Octoboer 3rd, 11:59pm EST for those Entrants of University of Pennsylvania; (iv) October 6th,11:59pm EST for those Entrants of Babson College; (v) October 7th, 11:59pm EST for those Entrants of Harvard University; (vi) October 12th, 6:00pm EST for those Entrants of University of Southern California; (vii) October 13th, 6:00pm EST for those Entrants of University of California Los Angeles; (viii) October 18th, 11:59pm EST for this entrants of Southern Methodist University; (ix) October 18th,11:59pm EST for this entrants of Rice University; (x) October 18th, 11:59pm EST for those entrants of University Texas at Austin; and (xi) November 15th,11:59pm EST for all At Large Bids 5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit http://recess.is/2015-fall/application/ (the “Contest Website”) during the Contest Period and follow the instructions. You will be required to complete the entry form in its entirety (the “Entry Form”). Each Entry Form must adhere the Entry Requirements below. LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. To be considered for the Contest, Entry Forms must be: (i) complete (as determined by RECESS); (ii) received by applicable cut off date during the Contest Period; and (iii) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. RECESS accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. All entries will be deemed made by the Entrant submitted at the time of entry. Entries received without a completed Entry Form or without a parent’s or legal guardian’s signature (if required) will be disqualified. 6. ENTRY REQUIREMENTS. The information and statements in your completed Entry Form must meet the following criteria (the “Entry Requirements”): (a)They must not be derogatory, offensive, threatening, defamatory, disparaging, libellous or contain any content that is inappropriate, indecent, sexual, profane, torturous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest; (b) They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Entrant resides; (c) They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by RECESS, in its sole discretion; (d) They must be original, and not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity; (e) They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights; (f) The Eligible Student Business must not the subject of any actual or threatened litigation or claim; and (g) They must not include any disparaging remarks relating to RECESS or a third party. 7. JUDGING. Each entry will be evaluated and scored based on the following “Criteria”: (i) overall pitch; (ii) clear exploitation of product/service and the problem that it solves; (iii) how the Eligible Student Business is unique and differentiated; (iv) market size opportunity and ability to penetrate and capture market share; (v) clear explanation and viability of the Business Plan; and (vi) adherence to the Entry Requirements and these Rules. Using the above Criteria, there will be three (3) levels to the judging process that will result in finalists at each of the following levels: “Regional Finalists”, “National Semifinalists”, and “Finalists” as described in further detail below. All interpretations of these Rules and determinations made by RECESS, the Selection Committee and/or the Judges relating to the Contest are final and binding. At Large Bids will have no semi-finals round and will be notified by November 12th, 2015 if they have advanced. ROUND 1: On Campus Number of finalists at this level: 50 (5 per school from each of the RECESS Tour Schools) Using the above Criteria, a selection committee, consisting of qualified representatives selected by RECESS, (the “Selection Committee”) will make a holistic evaluation of all eligible entries received from each RECESS Tour School. The Selection Committee will then select five (5) teams from each RECESS Tour School to participate in on-campus pitch competitions which will be held at their respective schools based on the following schedule: (i.) University of Miami, October 1, 2015 from 6:00pm to 7:00pm (ii.) University of North Carolina at Charlotte, October 6, 2015 from 7:00 to 8:00pm (iii.) University of Pennsylvania, October 7, 2015 from 7:30pm to 8:30pm (iv.) Babson College, October 9, 2015 from 7:00pm - 8:00pm (v.) Harvard University, October 12, 2015 from 6:30pm -7:30pm (vi.) University of Southern California, October 14, 2015 from 7:00pm to 8:00pm (vii.) University of California, Los Angeles, October 15, 2015 from 7:00pm to 8:00pm (viii.) Southern Methodist University, October 21, 2015 from 7:00pm to 8:00pm (ix.) Rice University, October 22, 2015 6 to 7:00pm - 8:00pm (x.) University of Texas at Austin, October 23, 2015, 7:30pm to 8:30pm Of the five (5) teams participating in the pitch competitions at each RECESS Tour School, the one (1) winning team from each RECESS Tour School will advance to the Regional Finalist round (the “Regionals”). Winning teams will be notified the night of the competition. ROUND 2: Regional Finalists and At Large Bid Finalists Number of finalists at this level: 15 At the Regional Finalist level, ten (10) regional school finalists (1 finalist from each RECESS Tour School) (the “Regional Finalists”), as well as five (5) At Large Bids finalists (the “At Large Bid Finalists”) will be selected to advance forward in the Contest. RECESS will notify each Regional Finalist selected for an At Large Bid within twenty four hours (24) of the submission deadline via the email address provided. At Large Bid Finalists will be notified on or around November 18th, 2015 via the email address provided. A Regional Finalist or At Large Bid Finalist selected that does not respond within forty eighty (48) hours of notification of selection and/or does not meet the eligibility requirements may be disqualified and an alternate will be selected by the Selection Committee based on the Criteria and notified by e-mail. ROUND 3: National Finalists Number of finalists at this level: 5 From among the Regional Finalists and At Large Bid Finalists, a total of five (5) national finalists (the “National Finalists”) will be selected to advance forward as Finalists in the Contest as follows: A minimum of one (1) member from each team of Regional Finalists and the At Large Bid Finalists will be flown to Los Angeles from January 14 - 17, 2016 to participate in the RECESS Field Trip where they will compete in the Startup Playground booth demo to attract audience votes. The Regional Finalists and/or At Large Bid Finalists with the highest score will be selected based on a combination of audience vote and Selection Committee vote. The audience vote will comprise 20% of the scoring for National Finalists selection and the Selection Committee’s vote will comprise 80% of the scoring. ROUND 3: NATIONAL WINNER Number of Winners selected: 1 From the five (5) National Finalists, one (1) National Winner will be selected as follows: The National Finalists will participate in the Final Four Showdown at the RECESS Field Trip where they will pitch to a panel of leading investors (the “Judges”). Using the Criteria, the Judges will vote to determine the Winner. Notification of Winner: The National Winner will be notified in person after the Final Pitch immediately following the final count of Judges votes. All Judges participating in the Contest, and members of the Selection Committee, will be prohibited from (i) judging any Entrant they are employed by or affiliated with, or (ii) judging any Entrant that they identify being unable to objectively evaluate according to the Criteria determined by RECESS. Tie-breaker: In the event of a tie at any level of judging, the Selection Committee or Judges will re-evaluate the tied entries according to the Criteria until the tie is broken. The tied entries will be put up for a re-vote amongst the Selection Committee or Judges at the respective level until the tie is broken. 8. ADDITIONAL WINNERS. In addition to participating in the RECESS Pitch Competition, If your Business Plan is related to Technology, Mobile Accessories or Live Entertainment (each a “Special Category”), you may elect to participate in any of the Special Category competitions sponsored by various companies RECESS has partnered with (the “Special Category Competitions”) by indicating that you wish to enter into the Special Category Competitions on your Entry Form. Special Category Competitions offer an opportunity to win additional prizes, and all Entrants are eligible to win (winning a Special Category Competition does not guarantee placement as a Regional Finalist or an At Large Bid Finalist, only the prize associated with the Special Category). You can still win a Special Category Competition regardless of if you are chosen as a Regional Finalist or an At Large Bid Finalist. Special Category Competition winners will be selected by the company sponsoring such category (the “Sponsoring Company”). You can find a list of companies sponsoring Special Category Competitions HERE (http://recess.is/2015-fall/pitch/). 9. ODDS. The odds of winning the Contest or a Special Category Competition will depend upon the strength of an Entrant’s preliminary application as determined by the Selection Committee, Judges, or the Sponsoring Company, as applicable, and the total number of eligible entries received during the Contest Period. The total number of entries varies but is anticipated to be between 100 – 500 entries. The percentage of the contestants that advance to the National Finals is fifteen (15) divided by the total pool of applicants. 10. GRANT OF RIGHTS.As between RECESS and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Business Plan. As a condition of entry, Entrant hereby grants RECESS the right to reproduce and distribute Entry Forms for the purpose of sharing with business partners and companies sponsoring the Special Category Competitions, to administer the Contest and/or for other uses in connection with the Contest. Entry Forms will not be returned. RECESS retains all rights in the RECESS products and services and entry into this Contest will in no case serve to transfer any RECESS intellectual property rights to the Entrant. 11. PRIZES. The following prizes will be available to be awarded (each, a “Prize”): Entry Prizes: All Entrants will receive: (i) Admission into Softlayer's Catalyst program, through which they will be extended up to $1,000/month in hosting credits for 12 months (up to $12,000 value), subject to Catalyst terms and conditions.(ii) Free credit card processing from Stripe up to $10,000, (iii) 20% off discount on Moo.com (value varies based on purchase size), (iv) Salesforce for startups including, APP DEVELOPMENT: Force Developer Edition + Heroku development environment resources, CUSTOMER SERVICE: (2) free 1-year licenses of Desk.com Standard Edition, CRM: 30-day free trial of a startup-optimized version of Sales Cloud Professional Edition OR 15-day trial of an out-of-the-box solution from RelateIQ, MARKETING AUTOMATION: 30% discount on Pardot Standard or Pro Edition; first year only, PLEDGE 1%: Access to resources to enable adoption of 1-1-1 philanthropic model, (estimated value $840), and (v) 2 Months Free Shopify (estimated value $358). Exclusions and restrictions may apply. All National Finalists and At Large Bid Finalists will receive: (i) Moo.com business cards (estimated $119.99 value), (ii) six (6) month license of FounderSuite, (iii) Two (2) complimentary round-trip Southwest Airlines plane tickets to Los Angeles, CA (approximate retail value is $800), (iv) two (2) night stay in a hotel (approximate retail value $400), (v) $100 in ground transportation, (vi) $100 food, and (vii) admission into Softlayer's Catalyst program, through which they will be receiving hosting credits of up to $10,000/month for 12 months (up to $120,000 value), subject to Catalyst terms and conditions. The member representing each team as a National Finalist must be a currently enrolled college student and be in compliance with all rules stated herein. National Finalists will be required to pay for their own transportation to and from the airport at their own expense. Total estimated cost to be between $50 - $200 for round trip transportation. Grand Prize will be a plaque engraved with the winning team’s names. Special Category Prizes: Social Entrepreneurship sponsored by Pivot: One (1) winning team will win the opportunity to meet and pitch a Pivot executive along with members of the Leadership Team. Meeting will be in person or via Skype, and the date, time and location of such meeting will be subject to availability. Travel sponsored by Southwest Airlines. Two (2) members from one (1) winning team will be flown to New York City, NY, San Francisco, CA, and Los Angeles, CA for a fundraising road show. (Estimated value is $2400) Prize Conditions and Restrictions: The date for fulfillment of Entry Prizes will be as soon as an entry is submitted, but is subject to change in Sponsor’s sole discretion. The date for fulfillment of National Finalists and At Large Bid Finalists will be on or around November 18th, but is subject to change at Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of a Prize, of comparable or greater value as set forth in these Rules. The Prizes are not transferable, assignable or redeemable for cash except in the Sponsor’s sole discretion. The Contest Entities shall have no responsibility or obligation to an Entrant who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize are solely the responsibility of the Entrant. PRIZES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ENTRANTS ACKNOWLEDGE THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES. If selected as a National Finalist, the member of each team that will be traveling to Los Angeles (a “Traveling Finalist”), or his/her guest or parent or legal guardian if a minor, may be required to sign a travel release prior to traveling. All travel arrangements must be made through RECESS. The trip portion of the Prizes will consist of economy-class airfare for one member of each Entrant team from a major airport that is the closest to the Traveling Finalist’s residence to a Los Angeles area airport; three (3) meals a day for three (3) days; hotel accommodations for a minimum of two (2) nights in the Los Angeles area at RECESS’s discretion; and transport to and from the airport, and from the hotel to the event in the Los Angeles area in January 2016. Airfare, hotel accommodations, and transport will be arranged at RECESS’ discretion – certain blackout dates and travel restrictions may apply. Traveling Finalists are responsible for transport from his or her home to and from the airport and any other incidentals or expenses. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion and/or with Sponsor’s approval. Any additional costs incurred from such a change, extension or substitution will be Traveling Finalist’s sole responsibility. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner's possession, or in the possession of winner's guest. If the winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. The Traveling Finalists are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Sponsor, its affiliates, subsidiaries, divisions, shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The Prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. Prize winners shall bear all responsibility for use of the Prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize(s), regarding the use, value or enjoyment of the Prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the Prize or any components thereto. To be eligible to be selected as a winner and to receive a Prize, the potential winner may be required to sign and return to RECESS, within two (2) days of issuance of such documentation from RECESS, an Affidavit of Eligibility and Release that: (a) releases Contest Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from a potential winner’s participation in the Contest, including, but not limited to, traveling to, preparing for and/or participating in any Prize-related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, grants the Contest Entities the right to use such potential winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into the Contest constitutes an agreement to sign such Affidavit of Eligibility and Release. If a potential winner does not sign this release and return it within the time frame specified, the potential winner may be disqualified, at RECESS’ sole discretion, and the Prize forfeited. By participating in Contest, each Entrant acknowledges that the Contest Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that each Entrant will be responsible for obtaining and paying for any form of insurance relating to the Prizes that each Entrant deems appropriate. 10. TAXES. AWARDS OF PRIZES ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO RECESS ALL DOCUMENTATION REQUESTED BY RECESS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES RECESS IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THOSE WHO RECEIVE THEM. The Entrants, and if the Entrant is a minor, their parents or legal guardians, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and RECESS may, in its sole discretion, select an alternate potential winner. 11. COLLECTION AND USE OF PERSONAL INFORMATION. All personal information submitted by Entrants, including without limitation name, mailing address, phone number, and email address will be subject to and will be treated in a manner consistent with RECESS’s Privacy Policy accessible at (http://recess.is/privacy/). All personal information submitted with an entry may be collected, processed, stored and otherwise used by RECESS for the purposes of conducting and administering the Contest. By participating in the Contest, entrants hereby acknowledge and agree that RECESS may collect and use their personal information in compliance with RECESS’s Privacy Policy and acknowledge that they have read and accepted this Privacy Policy. Entrants further acknowledge and agree that personal information may be shared with third parties that have a need to know the information, such as the Judges, Sponsoring Companies or third parties that we retain to assist in administering the Contest; however those third parties may only use the information for purposes related to the Contest. Please do not submit an entry if you do not agree to these terms or to the terms of RECESS’s privacy policy. 12. PUBLICITY. By participating in the Contest, each Regional Finalist and At Large Bid Finalist grants the right to RECESS, and its representatives, affiliates, licensees and assigns, to record, film, videotape and photograph such Regional Finalist or At Large Bid Finalist (the “Images”). These Images will be owned by RECESS. RECESS and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit the Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of such Entrants, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law. Additionally, RECESS reserves the right to publish the name and likeness of the Entrants who are selected as Regional Finalists, At Large Finalists and the winners of the Contest or any Special Category Competition on the Contest Site or through other media for publicity purposes. By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by RECESS at RECESS’s expense and agree and consent to use of their name and/or likeness by RECESS. RECESS will contact Entrants in advance of any RECESS-sponsored media request for interviews. 13. REPRESENTATIONS AND WARRANTIES. By entering, each Entrant warrants and represents the following with respect to its Entry Form: (a) the contents of the Entry Form and the Business Plan are 100% original and, as such, Entrant is the sole and exclusive owner and rights holder of the submitted Business Plan and all other information provided in the Entry Form and that Entrant has the right to submit the Business Plan in the Contest and grant all required licenses; (b) the contents of the Entry Form and the Business Plan will not infringe on any rights of any third parties; and (c) Entrant has not and will not take any action that interferes with the rights granted to RECESS under these Rules. 14. ELIMINATION/ DISQUALIFICATION. All federal, state and local laws and regulations apply. RECESS reserves the right to disqualify any Entrant from the Contest if, in RECESS’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrant(s), RECESS, the Selection Committee or Judges. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the Entrant from the Contest. RECESS further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or who is found to be ineligibly to enter or are found to be in violation of these Rules or of the of the below Prohibited Conduct. If an Entrant is disqualified, RECESS reserves the right to terminate that Entrant’s eligibility to participate in the Contest. 15. ENTRANT CODE OF CONDUCT. Each Entrant is responsible for complying fully with both the letter and spirit of these Rules. On pain of disqualification, all Entrants are strictly prohibited from, in any degree, and in connection with any portion of Contest engaging in the following conduct (the “Prohibited Conduct”): (a) Interfering, in any way, with the legitimate administration of the Competition; (b) Employing any technological device in order to neutralize or evade security measures put in place by RECESS to protect the integrity of the Contest; (c) Including false or misleading information in a submission or any other materials submitted in connection with the Contest; (d) Violating any third party’s rights, including rights protected by the United States Copyright Laws, in connection with a submission or participation in the Contest; (e) Engaging in conduct which raises material questions about the entrant’s honesty, integrity, or character or which may subject the RECESS to disrepute by association; (f) Engaging in, or encouraging others to engage in, conduct that violates the law or another party’s legal rights; (g) Making false or materially misleading statements, or omissions, when asked to respond to a complaint or other inquiry from RECESS; (h) Engaging in any act, course of conduct, or omission that RECESS reasonably believes to be inconsistent with the spirit of the Contest, or its fair administration; (i) Using any aspect of the Contest as a platform for political advocacy or advancing a partisan agenda; (j) Discriminating against, disparaging or denigrating anyone on account of race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability; (k) Disparaging or denigrating a product, service, person, company or organization including, but not limited to, RECESS and its partners; (l) Promoting or advocating for a religion or any particular religious point of view in connection with the Contest, or engaging in proselytizing, which includes but is not limited to, acts meant to advance a religious denomination or expand its membership or encourage conversion; or (m) Making statements that contain profanity, are overtly sexual or violent, that suggest an intent to abuse or harm others, or that are otherwise gratuitous or offensive. RECESS will, in its sole discretion, determine whether or not an entrant has violated any of the forgoing Prohibited Conduct or any other provision of these Rules. 16. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of an entry to the Contest, the awarding of a Prize, or anything in these Rules be construed as an offer or contract of employment with RECESS or any third party. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and RECESS and that no such relationship is established by Entrant’s entry into the Contest. 17. GOVERNING LAW; DISPUTES. As a condition of entering the Contest, Entrant agrees that: (i) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; (ii) all causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually -- without resort to any form of class action -- by BINDING arbitration (by a single neutral arbitrator) in accordance with the expidited rules of the American Arbitration Association; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE attorneys’ fees. The Contest and these Rules shall be governed by and construed in accordance with the laws of the state of California exclusive of any Conflict or choice of law rules; and (iv) the parties consent to exclusive personal jurisdiction in California. 18. WINNER’S LIST. You may view a list of the names of the Regional Finalists, At Large Bid Finalists, National Finalists and the winner at http://recess.is/2015-spring/pitch/ after May 15, 2016 until removed by RECESS at it’s sole discretion. 19. ADDITIONAL TERMS. RECESS reserves the right, throughout all phases of the Contest, to take any additional steps it deems reasonably necessary to ensure that each Entrant meets the qualification standards set forth herein, has otherwise complied with these Rules, and is not engaged in any morally suspect activity. Entrants agree to comply with all such measures and understand that their continuing eligibility to participate in the Contest (including the right to receive any Prizes in connection therewith) is expressly conditioned on such compliance. The Contest Entities are not responsible if the Contest cannot take place, or if any Prize cannot be awarded due to delayed, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Contest Entities. If, for any reason, the Contest is not capable of running as planned, including (but not limited to) because of: computer virus, bugs, tampering, fraud, technical failures, or any other cause, RECESS reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest without liability of any kind to the Entrants. RECESS reserves the right to modify and amend these Rules from time to time during Contest for clarification purposes. Failure by RECESS to enforce any term of these Rules shall not constitute a waiver of that provision. By participating in the Contest, all entrants agree to indemnify, defend and hold harmless the Contest Entities from any and all damages, claims, and liability (including attorney’s fees and costs) arising out of or relating in any way to Entrants breach of the representations and warranties made herein, Entrant’s participation in the Contest and acceptance or use of any Prize and to release all rights to bring any claim, action or proceeding against the Contest Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with any Entrants participation in and/or entry into the Contest or acceptance or use of any Prize or, including, but not limited to, traveling to, preparing for and/or participating in any Contest Prize related activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. To the extent that any provision of these Rules or any paragraph, term, sentence, phrase, clause or word of these Rules shall be found to be void, illegal or unenforceable for any reason (and not subject to further appeal), (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect, and (ii) the illegal, invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision. The Contest Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Contest, or other errors appearing within these Rules or in any Contest related advertisements. The Contest Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Contest, errors in processing entries, identifying the finalist and/or winners, in the announcement of the Prizes and finalists and/or winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from downloading any materials in connection with the Contest. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.