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Terms and Conditions
We, Confluent, Inc. (“Confluent”), are hosting a Confluent for Startups Challenge (“Startup Challenge”) where eligible Startups worldwide can showcase how they put data in motion by placing Confluent at the heart of their application. Any submission to this Startup Challenge will be subject to these Terms and Conditions (“Terms”), and you represent and warrant that: (i) you have the authority to bind the Startup for which you work to these Terms; and (ii) you and such Startup (which together are referred to as “you” or “Startup”) agree to these Terms.
No purchase or payment necessary. Making a purchase or payment will not improve your chances of winning. We reserve the right to modify these Terms if necessary, and will communicate any such changes on the Startup Challenge site. These Terms include a Mandatory Arbitration agreement and Limitations to our Liability.
1. Startup Challenge Period: The Startup Challenge site will begin accepting submissions on September 12, 2023 at 6:00 AM Pacific Time, and will close on December 31, 2023 at 11:59 PM Pacific Time (“Submission Period”). We reserve the right to postpone or make changes to the start or end date of each period or round.
2. Rounds: There will be three rounds of judging. Round 1 of the Startup Challenge will begin on September 12, 2023 at 12:00 AM Pacific Time. Round 1 will end and the top ten semi-finalists (each, a “Semi-finalist”) will be announced by January 22, 2024. Round 2 will begin after the semi-finalist announcement no later than January 22, 2024 . Round 2 will end and the top three finalists (each, a “Finalist”) will be announced by February 15, 2024. Round 3 will begin February 15, 2024 and will end at the selection of the final Winner (“Winner”), to be announced live onstage at Kafka Summit London in March 2024, ("KSL 2024").
3. Eligibility: To be eligible to enter the Startup Challenge, the Startup must, as of its entry date and through the date the Winner is announced, (i) have been established within the last 5 years; (ii) have less than USD $10 million in funding; (ii) be a valid entity in good standing; (iii) be a C corporation, LLC or other entity reasonably acceptable to Confluent; and (iv) meet Entry Requirements pursuant to Section 4.
3.1 The individual representing the Startup must be 18 years or older at the date of the entry and must be a director, officer, general manager, owner, or founder of the Startup.
3.2 Not eligible are individuals and sole proprietorships; employees, officers, directors, and agents of ours and our affiliates, and their immediate family members or those living in the same household as them; and entities organized and/or individuals domiciled in jurisdictions subject to trade sanctions as designated by the U.S. Departments of Commerce, State and the Treasury, including but not limited to Iran, North Korea, Syria, Cuba, Sudan and Russia. We reserve the right to expand such excluded jurisdictions in our discretion. You are responsible for confirming with your own Startup that you are permitted to participate in the Startup Challenge.
4. Entry Requirements: Each Startup is permitted one Entry (collectively, "Entry"). To enter the Startup challenge, visit https://www.confluent.io/startupchallenge/ during the Submission Period and follow all instructions on how to submit your Entry. The Entry must consist of the following: (i) a company profile that includes the Startup's name, email address, phone number, and country of incorporation; as well as the names of the key people and their roles in the Startup and in the Entry; (ii) a max 500-word description of the Startup application (the “App”); and (iii) a summary of the four primary criteria in Section 5. The Entry must be provided in the English language.
4.1 The Entry cannot be changed or updated once submitted. Entries submitted outside the Submission Period, incomplete or illegible Entries, Entries obtained through fraud, or repeat Entries will not be considered. Entries cannot be acknowledged and will not be returned. Confluent is not responsible for any errors, omissions, or failures associated with the submission of any Entry.
4.2 Startup represents and warrants that its Entry does not contain any prohibited materials or infringes on any third party’s rights, including but not limited to defamatory, offensive or otherwise inappropriate materials; infringement of any intellectual property rights or confidential or proprietary information; any computer code or files that are designed to damage, impact, or limit the functioning of any software or hardware in any way. Confluent reserves the right to remove the Entry from the Startup Challenge, for any violation of these Terms.
4.3 Confluent is providing $500 in free credits (via promo code) to any eligible Startup participating in the Startup Challenge. The participating Startup will be provided the promotional code via email.
5. Evaluation: In evaluating how your App places the Confluent platform at the heart of its architecture, the judges will consider four primary criteria ("Evaluation Criteria"):
(1) Leadership. Does your team have the skill set and ability to execute?
(2) Opportunity. What is the market opportunity? What are you solving for your customers?
(3) Creativity. How is your application unique, and what is your competitive advantage?
(4) Confluent Usage. How do you leverage Confluent, and what specific features do you use?
5.1 All decisions of the judges and Confluent are final, non-appealable, binding, and in their sole discretion. Startup agrees it has no right to request, and Confluent has no obligation to disclose the score or assessment given to its Entry at any time.
6. Offer: The ten Semi-finalists will receive a $5,000 Confluent Cloud credit, and, where applicable, be admitted into the Confluent for Startups program (which includes up to a year of Confluent Cloud credit, extensive expert technical help, and will be featured on the Confluent for Startups webpage). The two Finalists and the one Winner will be featured in select marketing channels and receive the chance to proceed with an investment opportunity subject to Section 6.1 (“Investment Opportunity”). For the avoidance of doubt, the Investment Opportunity is an opportunity to pursue potential investment subject to these Terms, and Confluent is under no obligation to make an investment of any dollar amount to any Finalist or Winner.
6.1 If any of the two Finalists and one Winner chooses to proceed with the Investment Opportunity, Confluent will conduct, and applicable Startup will cooperate with, further due diligence that must be to the satisfaction of Confluent. Startup may be required to produce diligence documents such as proper incorporation or formation documents, minute books and records documenting corporate actions and equity related matters, and documentation of equity issuances and transfers. Such due diligence will form the basis for a mutually agreeable investment agreement, which will include all terms and conditions required by Confluent, including but not limited to a confidentiality agreement, information rights, pro rata rights, and liquidation notification. If the parties are unable to reach an agreement, the applicable Startup will not be eligible for the Investment Opportunity. Confluent may offer the following Investment Opportunity: (i) to each of the two Finalists, of up to USD $250,000; and (ii) to the Winner, of up to USD $500,000. For the avoidance of doubt, Confluent is under no obligation under these Terms or otherwise to make an investment of any dollar amount in any Finalist or Winner. Each Startup agrees that it is not relying on any possible investment by Confluent and that it understands Confluent has no such investment obligation after any further due diligence is performed or otherwise. Startup is also under no obligation under these Terms or otherwise to accept or negotiate an investment or investment term.
6.2 All potential Semi-finalists, Finalists and Winner are subject to verification. Offers are not transferable, exchangeable or assignable. Offers have no cash value and cannot be substituted except in our sole discretion. The Offer cannot be combined with any other Startup Challenges, discounts, or offers. We will not replace any lost or stolen Offers. Startups are solely responsible for and agree to comply with any obligations arising under federal, state, and local laws, including but not limited to securities laws and tax laws. Without limiting the Terms, we reserve the right, exercisable in our sole and absolute discretion, to not provide any part of the Offer to any Semi-finalist, Finalist, or Winner.
7. Compliance Obligations: You agree to not engage in any conduct with respect to your participation in the Startup Challenge that could harm us or any third party or violate any laws. You represent and warrant that your participation in the Startup Challenge does not contravene any applicable rules or your company’s codes of conduct, such as anti-bribery rules. We reserve the right to cancel, suspend, or modify the Startup Challenge or any part of it, in our sole discretion, if any fraud, technical failures, or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Startup Challenge.
8. Optional Marketing Opportunity: At your option and sole discretion, you may allow us to advertise and promote you as part of this Startup Challenge by granting us a revocable right to use, adapt, distribute, commercialize, display, perform and otherwise utilize any Entry under a royalty-free, unlimited, worldwide, assignable, sublicensable license, in any manner that we deem appropriate, without any obligation to attribute or compensate you, and in which case you hereby waive and release any claims you may have against us or the third parties acting on our behalf with respect to the use of the Entry.
9. Governing Law: To the fullest extent permitted by applicable law, the validity, interpretation, modification, supplement, termination and execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of California and the federal U.S. laws that apply therein, without regard to conflict of laws principles.
10. Mandatory Arbitration: Unless you are in a jurisdiction where mandatory and binding arbitration is prohibited by applicable law, mandatory arbitration is the only means of dispute resolution between you and us relating to these Terms. For any dispute with us, you agree to first contact us at legal@confluent.io and attempt to resolve the dispute with us informally. In the event that we were not able to resolve the dispute after 60 days, you and we agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), exclusively by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at https://www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and we agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this provision shall be deemed as preventing us from seeking injunctive or other equitable relief from courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our applicable rights. In the event that the arbitration provision above is found to be unenforceable, you agree that Santa Clara County, California is the proper forum for any Claim, and you agree to personal jurisdiction and venue in the state and federal courts in Santa Clara County, California.
11. Class Action and Jury Trial Waiver: With respect to all persons and entities, regardless of whether they have participated in the Startup Challenge, all Claims must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
12. Limitation of Liability: Each Startup assumes any risks associated with participating in the Startup Challenge. By participating in the Startup Challenge, you agree to release, indemnify, and hold harmless us and our affiliates, and our and their officers, directors, employees, and agents, from any and all liability, claims, losses, costs (including reasonable attorneys’ fees and court costs), damages, expenses or actions of any kind arising out of or in connection with the Startup Challenge or the receipt, use, or misuse of the Offers.
13. Sponsor: The Startup Challenge is sponsored by Confluent, Inc., located at 899 West Evelyn, Mountain View, CA 94041, USA.
14. Privacy: We will process the personal information of Startup representatives collected through the submission of and participation in the Startup Challenge for purposes of facilitating the Startup Challenge. For more information about how we use your personal information, please see our Privacy Policy at https://www.confluent.io/legal/confluent-privacy-statement/. .
15. California Notice of Financial Incentive. The following applies only if you reside in California. We provide you with this Notice of Financial Incentive so that you may make an informed decision on whether to participate in the Startup Challenge, which we describe in these Terms. We target startups and not individual data subjects with the Startup Challenge. We value your time but we do not assign monetary value to the personal information we collect from participants for the purposes of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and the regulations thereunder. You may withdraw from the Startup Challenge at any time by notifying us that you no longer wish to participate.
16. Additional Terms: If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms. Any failure to enforce a provision of these Terms will not constitute a waiver of that provision or bar Confluent from enforcing that provision subsequently in connection with the Startup Challenge. The headings in these Terms are inserted for convenience only, and are not intended to define or limit the scope or intent of these Terms. You agree that nothing in these Terms grants to any Startup the right or license to use any intellectual property of Confluent. Confluent reserves the right in its sole discretion to disqualify any Startup if any individual associated with it is found to be engaged in any action or attempted action that is unethical, inappropriate, or inconsistent with these Terms, the fairness of the Startup Challenge, and the reputation of Confluent. By submitting an Entry, each Startup waives any right it may have to claim ambiguity of these Terms. These Terms will be construed by Confluent in its sole discretion, and its decisions will be binding and final. Each Startup agrees that Confluent’s actions with respect to another entry or work of its own or of any third party, even if similar to, or the same as, the Startup’s Entry, will not create any liability of any kind to Confluent or others involved in the Startup Challenge.