Terms & Conditions for Rhetoric’s Moot Court Madness

OFFICIAL CONTEST RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

By participating in Moot Court Madness (the “Competition”), you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, you may not participate in the Competition.

SPONSOR: Analytica Legalis Inc. d/b/a Rhetoric with address of PO Box 826, Ona, WV 25545 (“Sponsor”).

ELIGIBILITY: The Competition is open to individuals aged 18 or older at the time of entry who are actively enrolled students at a law school in the United States. By entering the Competition as described by these rules, you represent and warrant that you are in compliance (including, without limitation, all eligibility requirements), that you agree to abide by and be bound by all the rules and terms and conditions stated herein, and that all decisions of Sponsor shall be final and binding.

ENTRY PERIOD: The Competition entry period begins on or about March 10, 2025 ends on or about March 17, 2025 (the “Entry Period”). Entries submitted outside the Entry Period will not be considered.

PLATFORM ACCESS: As part of your participant in the Competition, you will be granted limited access to Sponsor’s research platform, web-based software and user interface and related services (the “Platform”). All Platform access is governed by and subject to Sponsor’s Master Services Agreement (the “MSA”). By participating in the Competition, you agree to be bound by the terms and conditions of the MSA, which is incorporated herein by reference. Access to the Platform will terminate at the end of the Competition.

HOW TO ENTER: During the Entry Period, each entrant shall submit a headshot and required information (the “Submission”) through the competition entry form available at UseRhetoric.com. Submissions must comply with the guidelines set forth herein. Submissions will be deemed to have been made by the authorized account holder of the email or telephone number submitted at the time of entry and qualification. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to enter more than one Submission by using multiple/different email addresses, identities, registrations and logins, or any other methods will make the entrant’s Submission ineligible for prizes and entrant may be disqualified.

Should multiple users of the same email account or mobile phone number, as applicable, enter the Competition and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account or phone account at the time of entry will be considered the entrant. An “authorized account holder” is defined as a natural person who is assigned an email address or phone number by an internet access provider, online service provider, telephone service provider or other organization which is responsible for assigned email addresses, phone numbers or the domain associated with the submitted email address. Proof of submission of an entry shall not be deemed proof or receipt by the website administrator for online entries. Submissions will be disqualified if found to be incomplete and/or if Sponsor determines, in its sole discretion, that multiple entries were submitted by the same entrant in violation of the contest rules.

SUBMISSION GUIDELINES: Submissions must be original and created by the entrant, not infringe upon the intellectual property, privacy, or publicity rights of any third party and not contain any offensive, obscene, or illegal content.Sponsor reserves the right to disqualify entries that violate these guidelines.

RIGHTS AND USE OF SUBMISSIONS: BY ENTERING THE COMPETITION, EACH ENTRANT GRANTS SPONSOR PERMISSION TO USE HIS OR HER NAME, CITY, STATE/PROVINCE, E-MAIL ADDRESS AND, TO THE EXTENT SUBMITTED AS PART OF THE SUBMISSION, HIS OR HER PHOTOGRAPH, VOICE, AND/OR LIKENESS, AND ANY AND ALL QUOTES AND OR RESPONSES TO SURVEYS FOR ADVERTISING, PUBLICITY OR OTHER PURPOSES IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREINAFTER DEVELOPED, WORLDWIDE, WITHOUT ADDITIONAL CONSENT OR COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW. By submitting an entry, entrants also grant the Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, perform, and otherwise use and permit others to use, throughout the world, their entry materials in any manner, form, or format now known or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Competition, the Sponsor and/or its products and services, without further consent from or compensation to the entrant.

WINNER SELECTION AND NOTIFICATION: Winner selection shall be informed by Sponsor’s proprietary artificial intelligence system, which shall evaluate entries based on predefined criteria determined by Sponsor in its sole discretion. Notwithstanding the foregoing, Sponsor will have the final determination as to the winner and Sponsor’s determination shall be final and binding. Sponsor will notify winner via email. If a winner does not respond as outlined in the notification email within seven (7) calendar days, they shall forfeit the prize. Sponsor, reserves the right, in its sole discretion, to choose an alternative winner in the event the selected winner fails to respond within the set timeframe, has been disqualified or is deemed ineligible for any reason.

PRIZES: Winner shall receive $5,000, payable within thirty (30) days of the date of Sponsor’s receipt of winner’s response in compliance with the email instructions. Winner is responsible for all taxes and fees related to the prize money received. Round of 16 finalists will be offered e-gift cards worth $50, delivered via email within thirty (30) days of the conclusion of the competition.

LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, ENTRANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD SPONSOR, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRIZE SUPPLIERS) (EACH A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE “CLAIMS”) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ENTRANT EVER HAD, NOW HAS, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE CONTEST OR ENTRANT’S PARTICIPATION IN THE CONTEST (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER PERSONAL OR PROPRIETARY RIGHT), AND THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE). All matters relating to the interpretation and application of these contest rules shall be decided by Sponsor in its sole discretion.

PRIVACY AND DATA PROTECTION:

CCPA Compliance (for California Residents): If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including:

  • The right to know what personal information is being collected, how it is used, and with whom it is shared.
  • The right to request deletion of your personal information, subject to certain exceptions.
  • The right to opt-out of the sale of your personal information.
  • The right to non-discrimination for exercising your CCPA rights.

By participating in the Competition, you consent to Sponsor collecting and processing your personal information as described in these Terms]. To exercise your CCPA rights, please contact moot@userhetoric.com or info@userhetoric.com.

DISQUALIFICATION: Sponsor reserves the right to disqualify any entrant who provides false or misleading information, attempts to interfere with the fair operation of the Competition, or who otherwise violates these Terms or applicable laws.

INTELLECTUAL PROPERTY: Sponsor owns all rights (including intellectual property rights), title, and interest in the Platform and all Sponsor Proprietary Information. No rights or licenses are granted to the Platform except for the limited use in accordance with the MSA for purposes of the Competition. Sponsor reserves all rights not expressly granted to entrants in the MSA or hereunder. “Sponsor Proprietary Information” means the Platform, all software programs, software tools, utilities, technologies, methodologies, processes, inventions, devices, methodologies, specifications, documentation, manuals, policies, techniques, algorithms, coding, trademarks and service marks, whether registered or otherwise, copyrights, moral rights, patents, trade secrets, know-how, user interfaces, content on one or more websites operated by or on behalf of Sponsor on any one or more domain names (each, a “Sponsor Site”), visual interfaces, interactive features, graphics, compilations, Sponsor Site elements, techniques, designs, inventions, and any other tangible or intangible property, data, or technical material or information, or other form of intellectual property recognized by statute, regulation, common law, equity, or custom that in any way pertains to these Terms, the MSA, the Sponsor Site, or the Platform.

NONDISPARAGEMENT: Entrant agrees that it shall not, at any time during the Entry Period, the term of the Competition or thereafter, make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning Sponsor, its affiliates, or its respective businesses, products, or services. This clause does not prohibit entrant from making truthful statements when required by law, regulation, or legal process. Entrant acknowledges that any breach of this clause may cause irreparable harm to Sponsor, for which monetary damages may not be an adequate remedy, and agrees that Sponsor shall be entitled to seek injunctive relief to enforce the terms of this clause.

GENERAL CONDITIONS: If, for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition), the Competition is not capable of being conducted as described in these contest rules, Sponsor shall have the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Competition. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, or the failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to any entrant’s or any other person’s computer related to or resulting from participating or downloading any materials in connection with this Competition. Because of the unique nature and scope of the Competition, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these contest rules or otherwise governing the Competition, and any such changes will be posted here in the contest rules. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these contest rules shall not constitute a waiver of any provision.

COMPETITION RULES:

Incorporated here by reference are Rhetoric’s Moot Court Madness Competition Rules, which are available at userhetoric.com/moot-court-madness or can be attained via email request sent to info@userhetoric.com. By agreeing to these Terms and Conditions, you also agree to Rhetoric’s Moot Court Madness Competition Rules.

GOVERNING LAW; DISPUTES: These Terms are governed by the laws of the State of West Virginia. As a condition of participating in the Competition, entrant agrees that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with the Competition or these contest rules, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in Charleston, West Virginia and entrant irrevocably consents to the jurisdiction of the federal and state courts located in Charleston, West Virginia with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of West Virginia (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs incurred directly in connection with entrant’s participation in the Competition), and entrant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.

These Terms constitute the entire agreement between the Organizer and entrants regarding the Competition. By submitting an entry, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including the provisions related to CCPA compliance.