Antibody Data Exchange Program Official Rules
VOID WHERE PROHIBITED.
These Official Rules (“Rules”) apply to the Antibody Data Exchange Program (“Program”) and your participation in it. By participating in the Program and completing activities that might make you eligible to receive an antibody product credit, you acknowledge and agree to be bound by all the Rules included here. If you do not agree to these Rules, do not submit any data to the Program. The Sponsor (as defined in Section 15 below) reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined below. YOU AGREE THAT YOU WILL REVIEW THESE RULES PERIODICALLY AND THAT YOU WILL BE BOUND BY THESE RULES AND ANY MODIFICATIONS THERETO.
1. Program Description: As part of our ongoing effort to collect performance data and researcher feedback on Invitrogen™ primary and secondary antibodies, our Program rewards you for sharing your data with us. Simply submit your data and information (a “Submission”) relating to your use of primary and secondary Invitrogen antibodies purchased from Sponsor or Sponsor’s affiliates (“Products”) to the Program, as specified in Section 3 below, and upon Sponsor’s acceptance of your Submission, receive an antibody product credit as detailed in Section 5 (“Antibody Product Credit”) below.
2. Eligibility: Participation is open only to individuals who are: (a) 18 years or older at the time of their Submission; (b) located in one of the 50 states in the US or Canada (excluding Quebec); (c) engaged in life science research only; (d) actively employed by an academic, nonprofit, or non-for-profit institution, or commercial entity that is engaged in life science research at the time of the Submission; and (e) authorized by their employer to participate in the Program. Void where prohibited, licensed, or restricted by federal, state, provincial, or local laws, regulations, or agency/institutional policy. Determination of eligibility is at Sponsor’s sole discretion.
Healthcare Professionals may not participate in this promotion. The term Healthcare Professionals includes clinical or non-clinical physicians (including MDs and MDs/PhDs), and physician assistants, nurses, technicians, research coordinators, administrators, and purchasing personnel and entities (including, but not limited to, hospitals, rehabilitation centers, nursing facilities, home health agencies, clinics and group purchasing organizations, managed care organizations, physician group practices, and medical directors for health insurance organizations), and their employees and representatives who are involved in the actual provision of healthcare services. Employees working on behalf of federal, state, or local government entities may not participate in this promotion.
3. How to Enter: To enter the Program, Program entrants (“Entrants”) must submit proof of Product purchase (including date of purchase and price of purchase) and their data and information demonstrating success or failure of the applicable Product in a species and one of the following applications: western blotting, immunohistochemistry (IHC), immunocytochemistry (ICC), immunofluorescence (IF), fluorescence activated cell sorting (FACS), enzyme linked immunosorbent assay (ELISA), immunoprecipitation (IP), or chromatin immunoprecipitation (ChIP), by completing and submitting the application form. Limit five Submissions per Entrant, per calendar year. Each accepted Submission qualifies for one Antibody Product Credit.
Sponsor may, in its sole discretion, disqualify any incomplete Submissions. Sponsor assumes no responsibility or liability for incorrect or inaccurate Submission information or for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of, Submissions. All materials submitted with the Program application shall collectively be referred to as “Submission Materials.” All Submission Materials will become the property of Sponsor and will not be returned. False, fraudulent, and/or deceptive Submissions or acts shall render Entrant ineligible for the Program.
4. Submission Review Process: If, in Sponsor's sole discretion, a Submission meets all of Sponsor's requirements, Sponsor will grant to Entrant an Antibody Product Credit as set forth in Section 5 below. Sponsor will notify the Entrant of the Antibody Product Credit and related redemption instructions approximately 6 weeks after receipt of the eligible Submission. Only Entrant's receiving Antibody Product Credits will be notified. If you do not receive notice that you have received an Antibody Product Credit, your Submission did not qualify.
5. Antibody Product Credit: If your Submission demonstrates that the Product either works or does not work in a species and an application listed in Section 3 above, and your Submission is accepted, you will receive a credit toward a future purchase of a primary or secondary Invitrogen antibody of your choice of equal or lesser value. All Antibody Product Credits will be made to the laboratory at the institution or entity employing the Entrant at the time of the award. Products obtained with the Antibody Product Credit are subject to Sponsor's standard terms and conditions of purchase for such products. The Antibody Product Credit will be issued in the amount equal to the published list price of the eligible Product that was referenced in the Submission. The Antibody Product Credit may only be applied to the purchase of an antibody product from Sponsor that has a published list price equal to or lesser than the eligible Product that was referenced in the Submission, and must be redeemed directly from Sponsor within 6 months of Sponsor’s award of the Antibody Product Credit. Antibody Product Credits may only be used for a single purchase of an antibody, excluding taxes, shipping/handling and other additional fees/charges; any difference in the Antibody Product Credit and the price of the antibody product purchased will not be refunded. Antibody Product Credits are not redeemable for cash. Limit one Antibody Product Credit per accepted Submission. All details and other restrictions on rewards not specified in these Rules will be determined by Sponsor in its sole discretion.
7. Intellectual Property: Ownership of the pre-existing underlying intellectual property of the Entrant remains the property of the Entrant subject to Sponsor's rights to reprint, display, reproduce, perform, use, and exhibit the Submission Materials for the purpose of administering and promoting the Program and for Sponsor's marketing and advertising purposes. By participating in the Program, each Entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Submission Materials, and information submitted on and in connection with the Program. Each Entrant hereby warrants that any Submission Materials and information provided by Entrant, are original with Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, or other rights of any person or entity, and do not violate any rules or regulations. If the Submission or Submission Materials provided by Entrant contain any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents that he or she has obtained, prior to their Submission, any and all releases and consents necessary to permit use and display of the Submission Materials by Sponsor in the manner set forth in these Rules without additional compensation. Sponsor represents that the name and affiliation of Entrants will not be used by Sponsor in connection with Sponsor’s use of Entrant’s Submission Materials. Due to copyright restrictions, Sponsor can only use images provided in Submission Materials that are different from an image already submitted for publication or that is currently published.
8. Disclaimers: By participating in the Program, each Entrant acknowledges and agrees that Sponsor has not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any Antibody Product Credit and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. By accepting an Antibody Product Credit, Entrant agrees to the use of his/her Submission Materials by Sponsor, or any party authorized by Sponsor, for advertising and promotional purposes worldwide and in any and all media without additional notice or compensation, except where prohibited by law. By entering a Submission, Entrant grants an unrestricted, irrevocable, perpetual, worldwide license to Sponsor, its affiliates, and distributors to use Entrant's Submission Materials, and all related data for all purposes in connection with promotion of Sponsor's products.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend, or extend the Program. In the event of any termination or cancellation, Sponsor reserves the right in its sole discretion to provide Antibody Product Credit to all eligible, non-suspect Submissions received prior to the termination or cancellation. Only the type and quantity of awards described in these Rules will be awarded. If any provisions of these Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
IN NO EVENT SHALL THE SPONSOR BE LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY, OR UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES SUSTAINED BY ANY ENTRANT OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THE PROGRAM, ANY PROGRAM-RELATED ACTIVITY, SPONSOR’S USE OF SUBMISSION MATERIALS, SPONSOR'S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS RELATING TO THE AWARD OF A PRODUCT CREDIT, OR ENTRANT’S ACCEPTANCE, RECEIPT, POSSESSION AND/OR USE OR MISUSE OF ANY PRODUCT CREDIT, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT THE SPONSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS.
9. Taxes: Determination and payment of tax liability on product credits, including income, excise, or value added tax, if any, are the sole responsibility of the Entrant and the institution or entity employing the Entrant.
10. Acts Beyond the Sponsor’s Control: The failure of Sponsor to comply with the Rules because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of these Rules. If any such contingency shall last for more than sixty (60) days, Sponsor shall have the right to terminate the Program immediately by giving notice on the Program webpage and shall have no further liability to any participant.
11. Governing Law and Consent to Jurisdiction: The laws of the state of California, USA, without regard to its conflict of laws principles, will govern these Rules, as well as participants and Sponsor’s observance of them. If you take any legal action relating to your use of this Program or these Rules, you agree to file such action only in the state or federal courts located in California.
12. No Waiver: Sponsor’s failure to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Sponsor in writing.
13. Captions: The headings in these Rules are for your convenience and reference. These headings do not limit or affect these Rules.
14. Complete Agreement: These Rules, together with those items made a part of these Rules by reference, make up the entire agreement between Sponsor and participants relating to the Program, and replace any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these Rules to be unenforceable or invalid, those term(s) will be enforced to the fullest extent permitted by applicable law and the other Rules will remain in full force and effect.
15. Sponsor: The Program is sponsored by Life Technologies Corporation and Pierce Biotechnology Inc., both wholly-owned subsidiaries of Thermo Fisher Scientific, Inc., 81 Wyman St., Waltham, MA 02451, USA. Telephone: 1-800-874-3723 or 1-815-968-0747.
For Research Use Only. Not for use in diagnostic procedures.