Pegasystems 2021 Pega Golf Challenge Official Rules – (the “Official Rules”) 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

Competition Name: 2021 Pega Golf Challenge (the “Challenge”)

1. ADMINISTRATOR

Administrator (the “Administrator”): Pegasystems, 1 Main Street, 6th Floor, Cambridge, MA  02142

The Administrator is the sponsor of the Challenge and will be responsible for administration and all prize fulfillment.

2. DATES AND TIMING 

Challenge Submission Period: September 27, 2021 (9:00am EST) – November 15, 2021 (5:00pm EST) (the “Challenge Submission Period”)

Judging Period: November 16, 2021 (9:00am EST) – December 3, 2021 (5:00pm EST) (the “Judging Period”)

Winners Announced: On or around December 8, 2021 (2:00pm EST) 

3. ELIGIBILITY

A. The Challenge IS open to: 

• Individuals who are at least the age of majority where they reside as of the time of entry (“Eligible Individuals”)
• Teams of up to eight (8) Eligible Individuals (“Teams”)
• Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry (“Organizations”)
• Partners or clients of Pegasystems, provided they have the approval of a supervisor to participate in the Challenge. 

(the above are collectively, “Makers”). An Eligible Individual may join more than one Team or Organization and an Eligible Individual who is part of a Team or Organization may also enter the Challenge on an individual basis.  

If a Team or Organization is entering the Challenge, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the Challenge Website on behalf of a Team or Organization you represent and warrant that you are the Representative authorized to act on behalf of your Team or Organization.

B. The Challenge IS NOT open to:

• Individuals who are residents of, or Organizations domiciled in, a country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Challenge (including, but not limited to, Brazil, Quebec, and the Crimea, Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control)
• Employees of a federal, state, local or municipal government or government agency based in the United States or any other country or territory. 
• Organizations involved with the design, production, paid promotion, execution, or distribution of the Challenge, including the Administrator (“Promotion Entities”)
• Employees, representatives and agents** of such organizations, and all members of their immediate family or household*
• Any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and each member of their immediate family or household*
• Any Judge (defined below), or company or individual that employs a Judge
• Any parent company, subsidiary, or other affiliate*** of any organization described above
• Any other individual or organization whose participation in the Challenge would create, in the sole discretion of the Administrator, a real or apparent conflict of interest 

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year. 

**Agents include individuals or organizations that in creating a Submission to the Challenge, are acting on behalf of, and at the direction of, a  Promotion Entity through a contractual or similar relationship.

***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.

4. SUBMISSION REQUIREMENTS

Makers must do the following to participate in the Challenge:

• Register for the Challenge on the Pega Golf Challenge website. To complete registration, sign up and submit your idea as a 5-10 slide PDF on the dedicated Pega Golf Challenge registration page via Survey Money. There is no charge for participating in the Pega Golf Challenge.
• Choose from only one (1) of the four (4) submission categories to be considered by the judging panel. The submissions categories are listed as follows:
  • Diversity and inclusion in golf
  • Sustainability in golf
  • Fan engagement in golf
  • Broadcast innovations in golf
• Use of the Pega Platform to submit a Pega Golf Challenge solution is not necessary. Proposed design ideas and screenshots will suffice.
• Complete and enter all of the required fields on the “Enter a Submission” page of the Challenge Website via Survey Monkey (each a “Submission”) during the Challenge Submission Period, and follow the requirements below.
• If your Submission is chosen as one of the winning Submissions, you will be required to participate in a Pega Community Blog post. 

A. Language Requirements 

All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the submission and text description. 

B. What to Create

(1) Makers must propose a Solution that will use the Pega Platform to enhance the experience in one (1) of the four (4) following areas of golf participation:

• Diversity and inclusion in golf
• Sustainability in golf
• Fan engagement in golf
• Broadcast innovations in golf

(2) New & Existing: Solutions must be either newly created by the Maker or, if the Solution existed prior to the Challenge Submission Period, must be updated after the start of the Challenge Submission Period. 

(3) Public Distribution : The Maker may make the Solution available to the public via a website or online store, but is not required to do so. 

(4) Multiple Submissions: A Maker may submit more than one Submission, however, each Submission must be unique and substantially different from each of the Maker’s other Submissions, as determined by the Administrator.

(5) Intellectual Property:  Your Submission must: (a) be your (or your Team, or Organization’s) original work product; (b) be solely owned by you, your Team, or your Organization with no other person or entity having any right or interest in it; and (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, trade secret, contract, and/or privacy rights, of any other person or entity. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker’s work product and the result of the Maker’s ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of permissive open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Challenge, you represent, warrant, and agree that your Submission meets these requirements.

(6) Financial or Preferential Support: A Solution must not have been developed, or derived from a Solution developed, with financial or preferential support from the Administrator. Such Solutions include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Administrator any time prior to the end of Challenge Submission Period. The  Administrator, at their sole discretion, may disqualify an Solution, if awarding a prize to the Solution would create a real or apparent conflict of interest.

C. Text Description, Image, and Video Requirements 

(i) Text Description: The text description should explain the features, functionality of your Solution, and the technologies that you are proposing (APIs, libraries, frameworks).

(ii) Images: The image(s) should be photographs or screenshots of your proposed Solution. 

D. Submission Modifications

1. Modifications after the Submission Period. The Administrator may permit you to modify part of your Submission after the Submission Period for the purpose of removing material that potentially infringes a third-party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Administrator permits.

5. SUBMISSION RIGHTS

A. Maker Rights:  Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.

B. Administrator Rights:  By entering the Challenge, you grant to the Administrator, and any other third parties acting on the Administrator’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to use, modify, distribute, display publicly, make publicly available and promote the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission, Solution and any related implementations on Administrator’s and partners’ websites, including the Challenge Website, and display and promotion of the Submission in any other media, worldwide.

C. Submission Display: The following Submission components may be displayed to the public: name, description, images,  team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Administrator and Judges for screening and evaluation.

D. Makers represent and warrant that the Administrator is free to use Makers’ Submission in the manner described above, as provided or as modified by the Administrator, without obtaining permission or license from any third party and without any compensation to Makers.

6. JUDGING

A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Administrator (the “Judges”).  Judges may be employees of the Administrator or external, may or may not be listed individually on the Challenge Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Administrator.

B. Criteria: The Judges will score eligible Submissions using the following equally weighted criteria (the “Judging Criteria”):

(i) Level of innovation (How novel is the idea and its execution - how it utilizes the technology.);

(ii) Level of impact (What would the effect be on businesses, individuals, or the golf industry?); and

(iii) Level of execution (How easily could a submission be delivered into a production-ready final product?).

The Judging Criteria above may not apply to every Prize. See Section 7 below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize. All decisions by the Judges are final.

C.  Submission Review: JUDGES MAY CHOOSE TO JUDGE BASED SOLELY ON THE TEXT DESCRIPTION AND IMAGES PROVIDED IN THE SUBMISSION. 

D. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions. All decisions by the Judges are final.

 7. PRIZES

• Diversity and inclusion in golf - Awarded to the application idea with the highest combined judging score that aims to promote opportunities for historically underrepresented individuals or communities to become more actively involved in golf.
  • Each individual or team member will receive Pega merchandise of up to one-hundred dollars ($100) in promotional value. 
  • Pegasystems will provide the winning individual or team with a list of charities from which they can choose, once selected, Pegasystems will make a donation in the amount of one-thousand dollars ($1,000) to the chosen charity. Winner can only select one charity and must select that charity within one (1) month of being selected as a winner.
• Sustainability in golf - Awarded to the application idea with the highest combined judging score that focuses on improving the relationship between golf courses and the environment, in areas including water consumption, alternative energy, and supply chain management.
  • Each individual or team member will receive Pega merchandise of up to one-hundred dollars ($100)  in promotional value.
  • Pegasystems will provide the winning individual or team with a list of charities from which they can choose, once selected, Pegasystems will make a donation in the amount of one-thousand dollars ($1,000to the chosen charity. Winner can only select one charity and must select that charity within one (1) month of being selected as a winner.
• Fan engagement in golf - Awarded to the application idea with the highest combined judging score that allows fans attending golf tournaments/competitions to have more enjoyable and personalized experiences while on site.
  • Each individual or team member will receive Pega merchandise of up to one-hundred dollars ($100) in promotional value.
• Broadcast innovations in golf - Awarded to the application idea with the highest combined judging score that creates enhanced options for fans watching golf on television to interact with their favorite players from the comfort of their homes.
  • Each individual or team member will receive Pega merchandise of up to one-hundred dollars ($100) in promotional value.

8. VERIFICATION OF POTENTIAL WINNERS

A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Administrator.

B. Required Forms: Potential winners will be notified using the email address associated with their Challenge Submission (the submitter is the “Representative” in the case of a Team, or Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a Team, or Organization) will be required to sign and return to the Administrator an affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”). 

Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent.

C. Disqualification: The Administrator may deem a potential winner (or participating team members) ineligible to win if: 

(i) the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;  

(ii) the Prize or Prize notification is returned as undeliverable; or  

(iii) the Submission or the potential winner, or any member of a potential winner’s Team, or Organization, is disqualified for any other reason.  

In the event of a disqualification, the Administrator may award the applicable Prize to an alternate potential winner. 

9. PRIZE DISTRIBUTION

A. Substitutions & Changes: The Administrator has the right to make a Prize substitution of equivalent or greater value. The Administrator will not award a Prize if there are no eligible Submissions entered in the Challenge, or if there are no eligible Makers or Submissions for a specific Prize. 

B. Prize Delivery: Prizes will be awarded to the Maker, if an individual, to the Maker’s Representative, if a Team, or to the Organization. It will be the responsibility of the winning Maker’s Representative to allocate the Prizes among their Team or Organization’s participating members, as the Representative deems appropriate. A Prize will be mailed to the winning Maker’s address (if an individual) or the Representative’s address (if a Team or Organization).

Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification or the Maker, or forfeiture of a Prize.

C. Prize Delivery Timeframe: Within 60 days of the Administrator’s receipt of the Required Forms

D. Fees & Taxes: Winners (and in the case of Team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize. Winners (and in the case of Team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. THE ADMINISTRATOR, AND/OR PRIZE PROVIDER RESERVE THE RIGHT TO WITHHOLD A PORTION OF THE PRIZE AMOUNT TO COMPLY WITH THE TAX LAWS OF THE UNITED STATES OR OTHER ADMINISTRATOR JURISDICTION, OR THOSE OF A WINNER’S JURISDICTION. 

10. ENTRY CONDITIONS AND RELEASE

A. By entering the Challenge, you (and, if you are entering on behalf of a Team, or Organization each participating members) agree(s) to the following:

(i) The relationship between you, the Maker, and the Administrator, is not a confidential, fiduciary, or other special relationship.

(ii) You will be bound by and comply with these Official Rules and the decisions of the Administrator, and/or the Challenge Judges which are binding and final in all matters relating to the Challenge.

(iii) It is your sole responsibility to review and understand your employer's policies regarding your eligibility to participate in promotions such as this Challenge.  BY ENTERING THE CHALLENGE OR BY ACCEPTING A PRIZE, YOU WARRANT AND REPRESENT THAT YOUR PARTICIPATION IN THIS SWEEPSTAKES AND RECIEPT OF ANY PRIZE, DOES NOT VIOLATE YOUR EMPLOYER’S POLICIES AND PROCEDURES. If you are participating in violation of your employer's policies, you may be disqualified from entering the Challenge or receiving a Prize. The Administrator disclaims any and all liability or responsibility for disputes arising between an entrant and his/her employer related to this matter.

(iv) You release, indemnify, defend and hold harmless the Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of patent, trademark, copyright, trade secret or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Challenge, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules. 

B. Without limiting the foregoing, the Released Parties shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by the Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge; 

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Challenge website.

 (iii) unauthorized human intervention in any part of the entry process or the Challenge; 

(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or 

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Challenge or receipt or use or misuse of any Prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Administrator.

If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such a request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Administrator.

11. PUBLICITY

By participating in the Challenge you consent to the use of personal information about you, if you are a winner, by the Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. 

The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members of a Maker’s Team, or Organization that participated in the winning Submission.

12. GENERAL CONDITIONS

A. The Administrator reserves the right, in their sole discretion, to cancel, suspend and/or modify the Challenge, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.

B.  The Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Challenge or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Challenge, or a violation of any applicable law or regulation. 

C. Any attempt by any person to undermine the proper conduct of the Challenge may be a violation of criminal and civil law.  Should the Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Challenge materials, including but not limited to the Challenge Submission form, Challenge Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail. 

E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker and the Administrator. The Administrator will post the terms and conditions of the amended Official Rules on the Challenge Website.  To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting. 

F. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.   

G. The Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Administrator’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

H. Excluding Submissions, all intellectual property related to this Challenge, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

13. LIMITATIONS OF LIABILITY

By entering, all Makers (including, in the case of a Team, or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Challenge Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal. 

14. DISPUTES

A. Except where prohibited by law, as a condition of participating in this Challenge, Maker agrees that: 

(i) any and all disputes and causes of action arising out of or connected with this Challenge, or any Prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; 

(ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and 

(iii) judgment upon such arbitration award may be entered in any court having jurisdiction. 

B. Under no circumstances will Maker be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Challenge), and Maker further waives all rights to have damages multiplied or increased. 

C. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Maker and Administrator in connection with this Challenge, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts, USA without regard to its choice of law rules. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

15. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Participation in the Challenge constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Challenge that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Administrator. 

The Administrator collects personal information from you when you enter the Challenge.

16. CONTACT

If you have any questions or comment, or wish to send us any notice regarding this Challenge, please email us at  [email protected]