1. Principle of Confidentiality
The organizer, the Young Americas Business Trust (YABT), co-organizer, PepsiCo, sponsors: Postobon and cbc, judges, and any other person involved in TIC Americas, hereafter referred to as the "Competition" will maintain faithful enforcement of the Principle of Confidentiality of the projects presented by the teams for TIC Americas (including the Talent & Innovation and Eco-Challenge Awards) in accordance with the Rules, Terms and Conditions.
All information submitted by the Teams during the Online Semi-Finals is considered confidential. Teams will be asked to provide a summary of the project that will be made available to the public though the YABT, TIC Americas, and PepsiCo websites, informational bulletins, and magazines. Websites listed by the Teams under the Team Profile will be considered public information. During the Online Semi-Finals and Onsite Finals, Project Plans will be reviewed by the judges, who have previously agreed to maintain confidentiality of the Business/Project Plans. Business/Project Plans during the live Finals presentation will be considered to be confidential information.
It is the Teams' responsibility to decide which and how much information should be disclosed at any time during their participation in TIC Americas and Eco-Challenge.
YABT, PepsiCo, Postobón and cbc are not responsible for any type of complaints or demands from a third party claiming that a project or work submitted and presented to TIC Americas and Eco-Challenge contains proprietary work that they consider to be their own.
2. Usage of Team Profiles and Pictures of Team Members
By submitting a project, the Team acknowledges that the Team Profile and pictures of Team Members that are submitted during the Team's participation in any phase of TIC Americas and Eco-Challenge will be collected and saved in the organizers’ database. YABT, PepsiCo, cbc, and Postobón S.A. are authorized the rights of free use, reproduction, and dissemination of the Team Profile and Pictures for the purposes of TIC Americas and Eco-Challenge.
Personal information, such as email, phone, gender, address, age, and education level collected at the time of registration will be added to YABT and PepsiCo's database, and Teams will receive communications regarding new programs, competitions, events, promotions, new products, etc. unless the Team opts out at registration. If at any point, the Team wants to cancel the subscription to any of the two databases, the Team may request the cancelation in writing by email to YABT.
It is understood and agreed that this condition of use of the Profile, personal information, and pictures of the Teams does not violate the Principle of Confidentiality described in the previous clause nor does it at any time generate an obligation of payment or other remuneration as a lucrative activity in favor of the Team for such usage.
Therefore, within these Terms and Conditions by entering YABT’s, PepsiCo’s, Postobón’s. and cbc’s TIC Americas and Eco-Challenge and uploading your team profiles and pictures of team members, you irrevocably grant to YABT and PepsiCo, and their agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such information in any way, in any and all media, for any purpose, without limitation, and without your consideration. Teams agree to irrevocably transfer to the Sponsors any and all rights, title, and interest in these materials, including, without limitation, all copyrights and waive all moral rights in the materials selected to be recipient of the Award. Teams unwilling to adhere to this principle will be disqualified and ineligible for the Award.
All Competitors and Teams further agree to release and indemnify Eco-Challenge sponsors and organizers (YABT, PepsiCo, Postobón and cbc Parties) from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsors infringes on the rights of all Competitors or Team work as contained in any project.
PepsiCo and YABT will include written credits to the registered competitors in a Team in the final product that is produced by YABT and PepsiCo.
* For residents of the Republic of Argentina, it is established that the owner of the personal data has the right to access them for free at no less than six months, unless it proves a legitimate interest and/or purpose as provided for in Article 14, paragraph 3of Law No. 25.326, will be applied. The DIRECCIÓN PROTECCIÓN OF NATIONAL DATA PERSONALES, Law No. 25,326 Control Organ has the authority to resolve grievances and complaints regarding the violation of the rules on personal data protection.
* For residents of the Oriental Republic of Uruguay, it is established that the owner of the personal data has the right to access them for free at no less than six months, unless it proves a legitimate interest and/or purpose as provided for in Article 14 Article 14 of Law No. 18,331-will be applied. The UNIDAD REGULADORA Y DE CONTROL DE DATOS PERSONALES, Law No. 18,331 Control Organ, has the authority to deal with complaints regarding the violation of the rules on personal data protection.
3. Selection of the Judges
YABT and PepsiCo will appoint judges for Semi-finals and Finals phases of the Competition. The judges will be professionals from the academic and business world and able to analyze different areas of the business/project plan such as innovation, marketing, technology, human resources, and finance.
4. Decisions of the Evaluation Committee
The decisions of the Evaluation Committee will be final and not subject to appeal. The Evaluation Committee reserves the right to resolve any point not mentioned in the terms and conditions of TIC Americas and Eco-Challenge at its sole discretion. The Evaluation Committee will only assign Awards if the projects presented reach an adequate level of quality at its sole discretion.
5. Announcement of the Finalists
Those Teams who qualify for the Finals phase of TIC Americas will be notified at the e-mail address used for the Team at the time of registration. The list of qualifying Finalists will be published on the TIC Americas website, www.ticamericas.net.
YABT, PepsiCo, cbc and Postobón may disqualify any Team if:
There is actual, alleged or publicized illegal conduct of any registered Team member or mentor.
Any registered Team member has been charged with or convicted of a crime,
Any registered Team member's behavior is considered offensive or violates generally accepted community standards of behavior including, but not limited to, illicit drug use or public intoxication, or/and action that leads YABT and/or PepsiCo to believe or conclude that the public association with the Team subjects YABT and/or PepsiCo to ridicule, contempt, controversy, embarrassment or scandal.
Disqualified Teams and each registered member or of the Team will no longer be eligible to participate for any Award in TIC Americas, including the Eco-Challenge.
7. Tax and Legal Considerations
The cash prizes awarded may have legal or tax implications for the Team's domestic tax status in their home country and any taxes will be entirely the responsibility of the winning Team(s). YABT, PepsiCo, cbc and Postobón hold no responsibility with these or any related tax or related legal obligations of the Teams or winners.
8. Considerations about travel
YABT, PepsiCo, cbc and Postobón agree to sponsor the travel of one (1) representative of each of the Finalist Teams from United States, Latin America and the Caribbean to the Finals, under the following conditions:
• Actual value of the trip may vary depending on the Finalist's point of travel origin, air transportation and hotel price fluctuations.
• Airport, airline, tickets, travel insurance and/or hotel accommodations for the Finals Event are to be selected by YABT and PepsiCo at their sole discretion.
• The Finalist Team must have all necessary identification and/or travel documents required for international travel. It is the traveler's responsibility to secure any visa needed for travel to the host country of the finals.
• All travel must be completed on the dates specified by YABT, cbc and PepsiCo or Award will be forfeited; alternate travel dates are not available. Unused travel will be forfeited.
• All other expenses not mentioned herein (including but not limited to airport taxes, local taxis, personal charges, medical expenses, tips, gratuities, room service charges, or any additional incidental costs to the room, baggage fees and other incidental expenses) are the sole responsibility of the Finalist.
• A hotel deposit for these additional, non-reimbursable, expenses may be required at the time of check-in at the hotel, and such deposits are entirely the responsibility of the Finalist.
• The Finalists' participation in any or all activities of the Finals is voluntary. In the event that the Finalist Team elects not to participate in any or all designated activities for the Finals, the Finalist will be afforded no additional compensation in exchange.
• If the Team representing a Finalist Team is a minor (minimum age is determined by the Team's country of nationality's laws) the parent or legal guardian of that minor must sign all prize acceptance documents and accept the Award on behalf of the minor. The parent or legal guardian of such minor will be required to travel with the minor-aged Team member or sign a travel release and designate another adult as guardian before any travel occurs or arrangements finalized. It is understood and agreed that the parent or legal guardian of the minor will not be provided any grant or support for travel by YABT, PepsiCo, cbc or Postobón S.A. and should be responsible for all travel expenses for the Finals Event.
9. Author's Rights
The Author's Rights of the Business/Project Plans presented during the development of TIC Americas/Eco-Challenge will be retained by the Teams that submitted the Business/Project Plan.
YABT, PepsiCo, cbc, and Postobon must be given first option on any aspect of the project, including but not restricted to: implementation, funding, communication, etc. PepsiCo and Eco-Challenge parties will have up to 180 days, starting a day after the TIC Americas/Eco-Challenge finals, to show and/or express their interest or not in investing in the Team’s business proposal. If an Eco-Challenge Team receives an investment opportunity, they will have to communicate it to YABT, PepsiCo, Postobón and cbc for their acknowledgment and approval.
If YABT, PepsiCo, cbc, and Postobon are interested in sponsoring the project, they will not own the Author's Rights of the project and its rights will be retained by the Team during the implementation phase of the project, if it results elected.
When submitting a project, the Team acknowledges that the project description that is submitted during the Team's participation in any phase of TIC Americas and Eco-Challenge will be collected and saved in the TIC Americas database. YABT and PepsiCo are authorized the rights of free use, reproduction, and dissemination of the project description for the purposes of TIC Americas and Eco-Challenge.
It is understood and agreed that this condition of use of the project description does not violate the Principle of Confidentiality nor does it at any time generate an obligation of payment or other remuneration as a lucrative activity in favor of the Team for such usage.
For those projects not selected as the winner and not recipient of the Award, the Team will retain proprietary rights to the project, but they are also conscious about the right of the use of information about their profile and photos as it established on these rules and terms and conditions. YABT and PepsiCo will retain no interest in the proprietary rights for those projects not selected beyond the use of the Profile and photographs for promotional means of the PepsiCo Eco-Challenge and TIC Americas.
Moreover, teams grant to PepsiCo and YABT the unconditional and irrevocable right to copyright, use, and publish such photograph(s) or information either alone or accompanied by other materials, in any manner and in any media (including but not limited to print, TV (broadcast or cable), the internet and on various social media platforms in PepsiCo’s or YABT’s sole discretion) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Team, including any written copy that may be created in connection therewith.
The Teams also understand that they do not have any right to compensation in connection with the above granted rights and release and discharge YABT and PepsiCo from any and all claims and liability related to said photographs or information, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.
10. Acceptance of the Terms and Conditions of TIC Americas
By registration for the YABT / PepsiCo Eco-Challenge, constitutes acceptance, on behalf of all the persons registering as the Team of all the Terms and Conditions included in this document. Modifications will be posted on the www.ticamericas.net website. It is the responsibility of the competitors to keep themselves up to date with publications and notices made by YABT and PepsiCo during the on-line and Finals phases.
Furthermore, by registering a Team, all competitors agree that:
a) Any and all disputes, claims and causes of action arising out of or connected with their Project will be resolved individually, without resort to any form of class action;
b) Any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
c) The Team knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
d) They irrevocably waive any right to seek injunctive or equitable relief; and
e) They release and indemnify and hold harmless YABT, PepsiCo, the Contest Parties and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of YABT and PepsiCo infringes on any of the rights of Team's work as contained in the Project.
* The 10.b) points; 10.c); 10.d) do not apply to Chilean citizens.
11. About the Organizer and Sponsor
TIC Americas Organizer: Young Americas Business Trust, 1889 F Street NW, Washington, DC, 20006
Eco-Challenge Sponsor: PepsiCo Americas Beverages, 1000 NW 57th Court, Suite 800, Miami, FL 33126
Eco-Challenge for Central America Sponsor: cbc, 18 calle 5-56 zona 10, Boulevard Los Próceres, Edificio Unicentro nivel 12, oficina 1201, Guatemala City, Guatemala.
Postobón S.A. for Eco Challenge Colombia Sponsor: Calle 52 #47-42, Edificio Cottejer, Medellin, Colombia.
12. Limitations of Liability
YABT, PepsiCo, cbc, Postobón and other sponsors will not assume any liability or responsibility resulting from any user's participation or attempt to participate in TIC Americas or their ability or inability to upload or download any information in connection with participating in TIC Americas. No responsibility or liability is assumed by YABT and / or PepsiCo or judges or other sponsors for technical problems or technical malfunction arising in connection with any of the following occurrences or any other circumstance which may affect the operation of TIC Americas: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of TIC Americas, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of TIC Americas, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with this competition.
YABT and PepsiCo and judges and other sponsors are not responsible for any typographical errors in the announcement of prizes or these official TIC Americas Rules, or any inaccurate or incorrect data contained on the Website. The use of TIC Americas website is at user's own risk. YABT/PepsiCo and the judges and other sponsors are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in TIC Americas, use of the Website or the download of any information from the Website.
By participating in TIC Americas, the Team releases YABT & PepsiCo, judges and other sponsors from any and all claims, damages or liabilities arising from or relating to such Team's participation in TIC Americas. By accepting a prize in TIC Americas, each Team agrees that YABT and PepsiCo, judges and other sponsors shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. YABT & PepsiCo, judges and other sponsors are not liable in the event that any portion of TIC Americas, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event")
13. Jurisdiction and Competition
Teams, organizers and sponsors agree to follow in good faith the Rules, Terms and Conditions of TIC Americas and Eco-Challenge. Moreover, all parties agree to settle amicably any dispute or complaint through direct negotiations.
Any dispute or complaint that may arise in conjunction with the fulfillment, interpretation and application of these Rules and Terms of Conditions, shall, unless settled amicably and in good faith through mutual agreement, be settled by arbitration of the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The aforementioned arbitration shall be held in New York, NY, United States of America and the language of arbitration shall be English. The applicable law is the North American.
14. Modifications of the Terms and Conditions of the Competition
YABT and PepsiCo can modify the Terms and Conditions of the Competition and Awards, including increasing or decreasing prizes according to sponsor contributions. YABT may also modify the dates of the Competition or suspend temporarily or definitively the execution of the Competition as considered appropriate. All the modifications to the actual Terms and Conditions will be published on www.ticamericas.net with a prior notification to the competitors. The current version that is published on www.ticamericas.net is considered the applicable and final version.