Participation/Eligibility
This challenge is meant for individual participation and teams will not be eligible to win prizes. In order to be eligible to participate in this Challenge, in addition to complying with all of the other terms of these Official Rules, individuals must meet the following criteria in order to participate: * Individuals must be the age of eighteen (18) or over and living in the United States at the start of the competition, or the age of twenty-one (21) or over anywhere else in the world. * IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE SERVICES. * Individuals may not be a resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, The Crimea Region, or any other United States sanctioned country. A prize of nominal financial value may be offered to the winner of the Capture the Flag Challenge for certain weeks. NW3C has no financial interest in the prize donation. NW3C will contact the Challenge winner within one week to obtain contact information to be passed by NW3C to the prize donor. All future contact and coordination will be between the prize donor and Challenge winner. NW3C assumes no financial responsibility or liability arising from communication or interactions between the prize donor and Challenge winner. INTELLECTUAL PROPERTY. Participant agrees that the Challenge Materials and the content on this Challenge’s website contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that participant will not use such proprietary content, information or materials in any way whatsoever except for the limited permitted use expressed in these Official Rules. For purposes of clarity, these Official Rules grant no intellectual property rights to participant. Participant’s Representations. By entering, regardless of country of residence or entry, participant represents and warrants that: (a) participant has the exclusive, unconditional right, and authority to participate in this Challenge and to grant the rights set forth herein; (b) participant agrees not to remove or alter any of the copyright notices on this Challenge’s website or on any and all copies of the Challenge Materials; (c) participant agrees to comply with all applicable federal, state and local laws, and all local country and international agreements/treaties/laws regarding use of the Challenge Materials and in the participation of this Challenge; and (d) participant will be at all times and is in full compliance with these Official Rules and all of the requirements/criteria herein. Sponsor reserves the right in its sole and absolute discretion to disqualify (at any time) and/or not accept the registration of any participant that Sponsor determines is not or does not comply with these Official Rules. Indemnity. By entering this Challenge, participant agrees to indemnify, hold harmless and defend the Sponsor, Sponsor’s affiliates and their directors, officers, employees and agents, as well as the parties assisting Sponsor in administrating this Challenge from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees and costs arising from or in connection with the registration and participation in this Challenge, any use of the challenges/puzzles or materials provided by Sponsor in this Challenge, any answer/response by participant to a challenge/puzzle or particular challenge/puzzle, and/or the exercise by Sponsor of any rights granted to it herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, trade secret, patent and/or trademark infringement relating to participant’s participation (including any activities engaged in by participant) in this Challenge. Notwithstanding anything herein to the contrary, in the event of any claim by a third party, Sponsor shall have, in addition to any other rights available to it, at law or in equity, the right to immediately revoke or not award any prize. DISCLAIMERS. THE CHALLENGES/PUZZLES AND PRIZE(S) GIVEN AWAY BY SPONSOR, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT NOT PROHIBITED BY LAW, SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PUZZLE/CHALLENGE, THE CHALLENGE MATERIALS, OR THE PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SPONSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHALLENGES/PUZZLES OR THE CHALLENGE MATERIALS WILL MEET PARTICIPANT’S REQUIREMENTS OR THAT THE OPERATION OF THE CHALLENGES/PUZZLES OR THE CHALLENGE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. SPONSOR DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, PUZZLES/CHALLENGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS CHALLENGE’S WEBSITE OR THE CHALLENGE MATERIALS, INCLUDING ANY ACTUAL CHALLENGE/PUZZLE. SPONSOR MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY: (A) IN NO EVENT WILL THE SPONSOR, SPONSOR’S AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AS WELL AS THE PARTIES ASSISTING SPONSOR IN ADMINISTRATING THIS CHALLENGE, BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) SPONSOR SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT ON THIS WEBSITE OR FOR ANY OF THE CHALLENGE MATERIALS OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, COPYRIGHTS OR PATENTS, VIOLATIOS OF TRADE SECRETS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION; AND (C) THE MAXIMUM AND CUMULATIVE LIABILITY OF SPONSOR, SPONSOR’S AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AS WELL AS THE PARTIES ASSISTING SPONSOR IN ADMINISTRATING THIS CHALLENGE, FOR ANY LOSS, DAMAGE, CLAIM, ETC., TO ANY INDIVIDUAL PARTICIPATING IN THIS CHALLENGE OR ANY OTHER THIRD PARY SHALL BE FIFTY U.S. DOLLARS ($50), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Release of Claims. By registering and/or participating in this Challenge, participant hereby releases and forever discharges Sponsor, Sponsor’s affiliates and their directors, officers, employees and agents, as well as the parties assisting Sponsor in administrating this Challenge, from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees and costs arising from or in connection with her/his participation or registration in this Challenge and/or the exercise by Sponsor of any rights granted to it herein, including without limitation any claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement or violation of trade secrets relating to her/his participation in this Challenge and any claims for injury, loss or damage of any kind resulting from the participation in this Challenge or acceptance or use of any prize. General Terms. All national, state, municipal and local laws and regulations apply. Participant may not assign or transfer any right under these Official Rules (and any attempt to do so shall be void) without the prior written consent of Sponsor. If any provision of these Official Rules is adjudged by any court of competent jurisdiction to be unenforceable or invalid or is invalid under the law, rules or regulations of a particular country, that provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect and enforceable. Sponsor reserves the right in its sole discretion to disqualify any individual who violates these Official Rules, tampers with the entry process, and/or acts in any way that would, in any way, discredit or harm the reputation of Sponsor, and/or to cancel, modify, or suspend this Challenge if a participant engages in fraud or misconduct or other conduct beyond the control of Sponsor that corrupts the administration, integrity, security, and/or proper operation of this Challenge. Without limitation of the foregoing, Sponsor reserves the right to terminate, modify, or suspend this Challenge due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential production, or technical personnel to appear or be available; or other cause beyond its control. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries or responses to challenges/puzzles, or for technical or human errors or failures of any kind in connection with the submission, transmission or processing of challenge/puzzle responses/answers, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the internet or at any website or any combination thereof. Sponsor is not responsible for any typographical or other error in the printing of the offer or administration of this Challenge, or in the announcement of the prizes. The titles of sections of these Official Rules are for convenience only and shall not be given any legal effect. The word “including” is used in these Official Rules to mean “including but not limited to”. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of any provision contained herein unless expressly waived in writing by an authorized representative of Sponsor.