TERMS AND CONDITIONS

Our 2025 application cycle will open Jan. 8, 2025.

BARRON PRIZE WEBSITE TERMS AND CONDITIONS

Thank you for visiting the Barron Prize website located at www.barronprize.org (the “Site”). The Site is an Internet property of Young Heroes Project (“Barron Prize,” “we,” “our” or “us”). You agree to the following Barron Prize Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, inspiring stories, testimonials, blog posts, Contest winner lists, media mentions, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) access any third-party links to information and/or resources located at other web-based venues (“Third-Party Links”); (d) access, fill out and submit the online application to participate in the Gloria Barron Prize for Young Heroes Contest (“Contest”) for a chance to win the Gloria Barron Prize for Young Heroes (“Gloria Barron Prize”); (e) access links to Barron Prize’s social media pages/accounts on third party social media websites (“Social Media Websites”), such as Facebook®, Instagram®, X® and YouTube® (collectively, “Social Media Pages”); and/or (f) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Barron Prize (collectively, the “Contact Services,” and together with the Site, Content, Third-Party Links, Contest, Gloria Barron Prize and Social Media Pages, the “Barron Prize Offerings”).

The Barron Prize Privacy Policy (“Privacy Policy”), the Gloria Barron Prize Contest Rules (“Contest Rules”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Barron Prize Offerings in any manner or form whatsoever.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BARRON PRIZE, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND CONTEST JUDGES (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Facebook® and Instagram® are registered trademarks of Meta Platforms, Inc. (“Meta”). X® is a registered trademark of X Corp. (“X”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Barron Prize is not in any way affiliated with Meta, Google, X or YouTube, nor are the Barron Prize Offerings endorsed, administered or sponsored by any of the foregoing entities.

1. Scope of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Barron Prize Offerings. The Agreement constitutes the entire and only agreement between you and Barron Prize with respect to your use of the Barron Prize Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Barron Prize Offerings shall be subject to the Agreement. You understand and agree that Barron Prize is not responsible, or liable in any manner whatsoever, for your inability to use the Barron Prize Offerings.

2. Modification of Agreement

We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Barron Prize Offerings. By your continued use of the Barron Prize Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

3. Requirements

You must be eight (8) years old or older to access the Barron Prize Offerings. If you are not yet eight (8) years old, you may not access the Barron Prize Offerings. If you are at least eight (8) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) (“Parent or Guardians”) review the Agreement with you, discuss any questions that you may have and give you their permission to access the Barron Prize Offerings. If you are a Parent or Guardian, you are responsible for exercising supervision over your children’s online activities. If you do not agree to the terms of the Agreement, do not let your child access and/or use the Barron Prize Offerings. If you are the Parent or Guardian of a child under the age of eight (8) and you believe that your child has accessed the Barron Prize Offerings without your authorization, please contact us via email at: admin@barronprize.org

4. Site Forms

In order to utilize certain Barron Prize Offerings, you may be required to submit a registration form (“Form”). Users under sixteen (16) years of age must have a Parent or Guardian provide verifiable consent before such users (“Authorized Minors”) submit any registration Form or other personal information by and through the Barron Prize Offerings. The information that you must supply on the Form may include, without limitation, some or all of the following: (a) your full name; (b) your mailing address; (c) your e-mail address; (d) your telephone number; (e) the name of your Project (as defined below), where applying for entry in the Contest; (f) the social media accounts associated with your Project, where applying for entry in the Contest; (g) the name, mailing address and telephone number of the school that you are currently attending, and your current year in that school, where applying for entry in the Contest; (h) your Project-related written summary, essay, reference letters, photographs and supplemental materials, where applying for entry in the Contest; and/or (i) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

Barron Prize may reject your Form, reject your Contest application and/or terminate your Site access at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Barron Prize believes that you are in any way in breach of the Agreement; (ii) where Barron Prize believes that you are engaged in any improper conduct in connection with the Contest and/or other Barron Prize Offerings; and/or (iii) where Barron Prize believes that you are, at any time, conducting any unauthorized commercial activity by and through your account.

5. Gloria Barron Prize for Young Heroes Contest

Each year that Baron Prize conducts the Contest, the designated number of winners will be selected to receive the Gloria Barron Prize. Each Contest shall be subject to the applicable Contest Rules appearing on the Site page associated with that Contest. The Contest Rules shall include certain specific terms, conditions and restrictions applicable to each Contest including, without limitation: (a) the number of winners; and (b) the type, quantity and value of the Gloria Barron Prize(s) awarded to the winner(s).

(a) Requirements

Users seeking to enter any then-current Contests for a chance to win a Gloria Barron Prize must submit a completed application via the Site. Please note: Barron Prize does not accept Contest applications via email, fax, U.S. Mail, hand delivery or any means of delivery other than the application submission portal made available on the Site. The deadline to submit an application is April 15, 4:59 p.m. Mountain Time of the then current calendar year (“Contest Deadline”).

Applicants must satisfy the following criteria as of the Contest Deadline:

Each applicant must be between eight (8) and eighteen (18) years of age, and applicants under the age of sixteen (16) must have consent to enter from a Parent or Guardian.
Each applicant must be a permanent resident of, and currently residing in, the U.S.A. or Canada.
Each applicant must be currently working on an inspiring service project (“Project”), or must have done so within the past twelve (12) months.
Each applicant must be working as an individual to lead their Project.

The Barron Prize does not accept Contest applications from any business entities, groups or more than one person for each Contest application. The Barron Prize does not discriminate against its applicants based on race, color, ethnicity, national origin, creed, religion, gender, sexual orientation, or disability.

(b) Judging

Barron Prize shall employ a panel of independent judges to determine the applicable Gloria Barron Prize winners (“Contest Judges”). The exact number of Contest Judges shall be set forth in the Contest Rules. The selection criteria for determining which users qualify for a Gloria Barron Prize shall be set forth in the Contest Rules and may include the following:

(i) Prospective winners must have organized and led an extraordinary Project activity which has clearly benefited other people or the planet as a whole. The Project activity must have been initiated and motivated primarily by the winner herself/himself/itself. The Project activity cannot have been done solely to complete an assignment for school or work.

(ii). In addition to the foregoing, prospective winners must have:

demonstrated heroic character qualities, such as courage, compassion, dedication, generosity, perseverance, and high moral purpose;
shown initiative, tenacity, and unselfishness in pursuit of their goals;
accomplished something with inspirational value—something that could inspire others to make a difference; and
done more than survive a difficult personal challenge. Their heroism must have made an impact on the world beyond themselves.

(iii) Prospective winners may or may not have received recognition for their heroic work. Fame itself shall not have been a motivating factor.

(c) Granted to Barron Prize

Upon submitting your Contest application, each user who is above the age of majority in their respective jurisdiction of residence (“Adult User”) and each Parent or Guardian acting on behalf of an Authorized Minor, agrees to the grant of rights associated with same as set forth in Section 6(b) below.

(d) Prohibited Application Content

In connection with the Contest applications, and each user’s performance under the Agreement, each user agrees not to: (i) submit any content in connection with a Contest application that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) submit any content in connection with a Contest application that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) submit any content in connection with a Contest application that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (iv) submit any content in connection with a Contest application that contains images containing confidential information without prior authorization; (v) submit any content in connection with a Contest application that includes, or that is made to resemble, any illegal behavior or behavior that may be deemed obscene in her/his/its community, as defined under applicable law; (vi) submit any content in connection with a Contest application that “stalks” or otherwise harasses any person; and/or (vii) submit any content in connection with a Contest application that could be considered exploitative of children in any way, whatsoever. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of the user’s account and access to the Site, Contest and/or other Barron Prize Offerings without notice, in the sole discretion of Barron Prize. Barron Prize reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.

You understand and agree that Barron Prize is not responsible or liable in any manner whatsoever for your inability to submit Contest applications and/or for Barron Prize’s and/or the Contest Judges’ rejection of your Contest application. Neither Barron Prize nor any Contest Judge(s) shall be liable to any user or any third party for any claim in connection with any of the Contest applications submitted by users.

6. Content

(a) General Terms. Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Barron Prize Offerings. The Content is compiled, distributed and displayed by Barron Prize, as well as third-party content providers (“Third-Party Providers”). Barron Prize does not control the Content provided by Third-Party Providers that is made available by and through the Barron Prize Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Barron Prize does not represent or warrant that the Content and other information posted by and through the Barron Prize Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Barron Prize will not be responsible for, and Barron Prize undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Barron Prize shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

(b) User Content; License Grant to Barron Prize. From time-to-time, Barron Prize may publish video, images, text, graphics and other content submitted by users (including content submitted in connection with the Contest applications) (collectively, “User Content,” which shall be deemed a sub-set of Content) by and through the Barron Prize Offerings.

Each Adult User, and each Parent or Guardian acting on behalf of an Authorized Minor, who makes User Content (including content submitted in connection with the Contest applications) available to Barron Prize for publication by and through the Barron Prize Offerings, hereby irrevocably grants to Barron Prize, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all User Content, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on Barron Prize’s Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses. Each Adult User who makes User Content available to Barron Prize for publication by and through the Barron Prize Offerings, and each Parent or Guardian acting on behalf of an Authorized Minor who makes User Content available to Barron Prize for publication by and through the Barron Prize Offerings, represents and warrants to Barron Prize that: (i) such Adult User and/or Parent or Guardian, as applicable, has all of the rights and authority necessary to submit the User Content for the uses contemplated hereunder, including the right to publish the User Content; and (ii) the publication of the User Content by such Adult User and/or Authorized Minor, as applicable, as well as Barron Prize as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each Adult User who makes User Content available to Barron Prize for publication by and through the Barron Prize Offerings, and each Parent or Guardian acting on behalf of an Authorized Minor who makes User Content available to Barron Prize for publication by and through the Barron Prize Offerings, understands and agrees that: (A) the User Content, in whole or in part, may be edited and/or dramatized, and that any part of the User Content may be used without compensation to such Adult User, Authorized Minor and/or Parent or Guardian, as applicable; and (B) no Ad or other material incorporating or making reference to the User Content need be submitted to such Adult User, Authorized Minor and/or Parent or Guardian, as applicable, for approval and Barron Prize shall be without liability to such Adult User, Authorized Minor and/or Parent or Guardian, as applicable, for any distortion or illusionary effect resulting from its publication of the User Content. Each Adult User who posts User Content, for publication by and through the Barron Prize Offerings, and each Parent or Guardian acting on behalf of an Authorized Minor who makes User Content available to Barron Prize, expressly: (I) releases Barron Prize from any and all claims that such Adult User, Authorized Minor and/or Parent or Guardian, as applicable, has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject User Content, or any other use of the subject User Content whatsoever; and (II) acknowledges and agrees that Barron Prize shall not be liable for any causes of action or claims related to the applicable the decision of such Adult User, Authorized Minor and/or Parent or Guardian, as applicable, to provide the User Content to Barron Prize

(c) Non-Endorsement. The publication of any Content provided by Third-Party Providers (including User Content) by and through the Barron Prize Offerings does not constitute an endorsement by Barron Prize of the subject Third-Party Provider.

7. Social Media Pages

The Site contains links to various Social Media Pages. The Social Media Pages are hosted and made available by third party entities on the Social Media Websites. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, privacy policies and terms and conditions. You understand and agree that Barron Prize shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

8. License Grant

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Barron Prize Offerings. Barron Prize may terminate this license at any time for any reason. Unless otherwise expressly authorized by Barron Prize, as a visitor to the Site, you may only use the Barron Prize Offerings for your own personal, non-commercial use. No part of the Barron Prize Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Barron Prize Offerings except as expressly permitted by Barron Prize. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Barron Prize Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Barron Prize Offerings. You may not use the Barron Prize Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Barron Prize Offerings for any commercial purposes not expressly permitted by Barron Prize. You further agree to indemnify and hold harmless Barron Prize for your failure to comply with this Section 8. Barron Prize reserves any rights not explicitly granted in the Agreement.

9. Proprietary Rights

The Content, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Barron Prize Offerings, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Barron Prize Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Barron Prize Offerings. The posting of information or material by and through the Barron Prize Offerings does not constitute a waiver of any right in or to such information and/or materials.

10. Copyright Policy/DMCA Compliance

Barron Prize reserves the right to terminate the Site account of any user who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other Barron Prize Offerings in a way that constitutes copyright infringement, you should provide Barron Prize with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Barron Prize’s Copyright Agent for notice of claims of copyright infringement is as follows:

Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559

11. Legal Warning

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site is a violation of criminal and civil law and Barron Prize will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

12. Indemnification

You agree to indemnify and hold Barron Prize, its parent and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Barron Prize Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Barron Prize, the Covered Parties, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

13. Disclaimer of Warranties

THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BARRON PRIZE MAKES NO WARRANTY THAT THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN YOUR ABILITY TO SUCCESSFULLY SUBMIT A CONTEST APPLICATION, WILL RESULT IN YOUR ACCESS TO ANY CONTEST, AND/OR WILL RESULT IN YOUR RECEIPT OF ANY GLORIA BARRON PRIZE(S); AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THERETHROUGH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BARRON PRIZE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARRON PRIZE OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARRON PRIZE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BARRON PRIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) YOUR INABILITY TO SUBMIT AN APPLICATION IN THE CONTEST, YOUR FAILURE TO OBTAIN ACCESS TO ANY CONTEST, AND/OR YOUR FAILURE TO OBTAIN ANY GLORIA BARRON PRIZE(S); AND (E) ANY OTHER MATTER RELATING TO THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BARRON PRIZE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BARRON PRIZE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE BARRON PRIZE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR BARRON PRIZE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BARRON PRIZE. ACCESS TO THE BARRON PRIZE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF BARRON PRIZE SHALL BE LIMITED TO THE LOWEST MONETARY AMOUNT PERMITTED BY LAW.

15. Third Party Websites

The Site contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Barron Prize does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by Barron Prize of the applicable website or any association with the website’s operators. Because Barron Prize has no control over such websites and resources, you agree that Barron Prize is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Barron Prize shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

16. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

17. End-User Information

All materials that you submit through or in association with the Site including, without limitation, the Registration Data shall be subject to our Privacy Policy. For a copy of our Privacy Policy, please click here. By submitting such information to us, you: (a) represent and warrant that Barron Prize’s use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Barron Prize is free to use in any manner all or part of the content of any such feedback or other materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Barron Prize all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all feedback and/or materials, in whole or in part, or as a derivative work, without any duty by Barron Prize to anyone whatsoever. Barron Prize does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.

18. Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either Barron Prize or any Covered Party concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Barron Prize reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Barron Prize that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Barron Prize, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Barron Prize and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

19. Miscellaneous

To the extent that anything in or associated with the Barron Prize Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Barron Prize may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

20. Contact Us

If you have any questions about the Agreement, Barron Prize Offerings or the practices of Barron Prize, please feel free to contact us via email at: admin@barronprize.org.