Terms & Conditions

In conjunction with your participation in IBM's Innovation Jam™ 2008, you have been selected to participate in a predictive marketing session hosted by spigit. For those of you who are unfamiliar with predictive marketing, predictive marketing is a Web 2.0 technology designed to gain the collective intelligence of a community (the wisdom of a crowd) for forecasting events or for more accurate decision making.

This predictive marketing session is intended to identify and predict the most viable ideas surfaced from the Innovation Jam 2008

Your participation in this predictive marketing session is subject to the following terms and conditions of Spigit (the "Session Sponsor"):

Content Submissions
Submissions of content to this predictive marketing session (hereinafter, "Content Submissions"):

must be original and not copied from any other work;
must be the submitter's original words and not copied from any copyrightable work;
must be written in English (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Session Sponsor);
cannot contain any trademarks, trade names, third party copyrighted material, or any material owned by any third party;
cannot be offensive, obscene, contain propaganda or potentially misleading information, or discriminate on the basis of race, religion, creed, national origin, disability, handicap, age, sexual orientation, marital status, veteran status or any other basis prohibited by law, as determined in the sole discretion of the Session Sponsor;
cannot directly promote or speak negatively about any particular faith, political action, legislation or party or encourage the violation of any law, as determined in the sole discretion of the Session Sponsor or International Business Machines Corporation ("IBM");
cannot relate to controversial subject matter or any subject which is contrary to the interests of the Session Sponsor or IBM, as determined in the sole discretion of the Session Sponsor;
must not contain your confidential information or the confidential information of others; and
must not contain any pricing, contract terms, output or other information that could present any issues under any country's antitrust or competition laws.

You may not submit or post software code. You may post original photos, videos, and logos. All postings are subject to the approval of the Session Sponsor or IBM, in its sole discretion. By submitting photos, videos or logos, you represent and warrant that you have received written permission from all persons and entities identifiable in the photos, videos and from all owners of the logos and agree to indemnify Session Sponsor and IBM for any claims arising out of the posting or use of the photos, videos or logos. Photos may not contain any depiction of any trademarks, trade names, third party copyrighted material, or any material owned by any third party.

Use and Ownership of Content Submissions
Anyone is free to use and disclose information and ideas you contribute (including any underlying inventions) in Content Submissions without royalties or restrictions. (This "free license" however doesn't apply to patents or applications filed before the information/ideas were submitted. If you know of any pre-existing patents that may relate to your contribution, you will promptly let the other participants know.)

Participant Representation
By submitting a Content Submission, you hereby (a) represent and warrant that the Content Submission satisfies the requirements set forth under Content Submissions above and (b) agree to indemnify, defend and hold International Business Machines Corporation and the Session Sponsor harmless from and against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of subsection (a) of this sentence.

Limitation of Liability
Neither the Session Sponsor nor IBM is responsible for the development, results, implementation, installation, completion, or outcome of Content Submissions.

Conditions
Neither IBM nor Session Sponsor are responsible for (a) lost, late, unintelligible, misdirected, incomplete, incorrect, damaged or garbled Content Submissions or postings; (b) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process entries; (c) communication disruption or other forces beyond the reasonable control of the IBM or Session Sponsor, including inability to access the spigit Website, submit Content Submissions, or otherwise participate in the predictive marketing session; (d) any disruption related to Internet traffic, viruses, bugs, or unauthorized intervention; or (e) damage to your hardware or software as a result of your access to the spigit Website or participation in the predictive marketing session.

If you are participating in this predictive marketing session on behalf of a company or other entity as well as for yourself, you agree that you are authorized to do so.

To the extent you provide any personal information to the Session Sponsor, the Session Sponsor will only share such information with IBM and will not use it for any other purpose or otherwise disclose it. IBM will protect such information in accordance with the Jam Rules for Innovation Jam™ 2008 (including IBM's privacy statement which can be accessed by the link provided here: http://www.ibm.com/privacy/us/.)