Challenge Sponsor Terms and Conditions
Version 7, Update 6 August 2019
1.1 Welcome to iSochal. If you wish to sponsor a Challenge run by iSochal you agree to comply with and be bound by the following terms and conditions (“Terms”). If you disagree with any part of these Terms, you are not permitted to sponsor a Challenge on iSochal.
1.2 Sponsoring a Challenge (‘Sponsored Challenges’) means that you create or propose a reward-awarding or paid Challenge through iSochal, which may include advertisements.
1.3 The term ‘we’ means iSochal, which is a trading name of Dostech Limited, a company registered in England whose registered office is Kings House Business Centre, Station Road, Kings Langley, Hertfordshire, England, WD4 8LZ and company registration number is 06139476 (“we”, “us” and “our” will be construed accordingly). Dostech Limited is the owner and operator of the website www.isochal.com (the “Website”) and its related websites, services, applications or tools (collectively referred to in these Terms as “iSochal” or the “Platform”).
1.4 The term “you” refers to an individual or corporate entity that wishes to sponsor an iSochal Challenge. In these terms, such sponsors are also known as ‘Individual Premium Users’ or ‘Corporate Premium Users’, or simply ‘Premium Users’ where we refer to both.
2 Becoming a Premium User
2.1 In order to sponsor an iSochal challenge (a “Challenge”), you must be an existing Basic User and apply to become a Premium User. This is carried out through the “Upgrade to Premium User” button on your personal profile. Premium Users may be required to submit internationally valid identification, such as a passport, for verification purposes. When applicants are approved by iSochal, they will receive Premium User status, visible from their personal profile.
2.2 All Individual Premium Users must be 18 years of age or over.
2.3 You must ensure that all the information you supply to us through the Platform, or otherwise in relation to your participation in iSochal, is true, accurate, current and non-misleading. The use of aliases, fictitious names or pseudonyms is not permitted.
2.4 As a Corporate Premium User, you are allowed to create reward-awarding Challenges and advertise your company on those Challenges.
2.5 As an Individual Premium User, you may propose Challenges to iSochal, as specified in point 8.2 of these Terms and Conditions.
2.6 These Terms are prepared under English law and jurisdiction. It is your obligation to ensure that your participation as a sponsor and Premium User in any iSochal Challenge is lawful in the jurisdiction in which you are based.
3 User login details
3.1 Premium Users must be registered as Basic Users to use iSochal. Please refer to “Basic User Terms and Conditions” for more about login details.
4 Categories of Challenges
4.1 Please refer to Basic User Terms and Conditions for all details regarding Challenge categories.
5 Challenge rules and regulations
5.1 You will be able to submit proposed Challenge rules and regulations for your sponsored Challenge (the “Challenge Rules”).
5.2 All Challenges must be of a legal nature and not include or promote any unlawful or dangerous activity. Please note that iSochal encourages tasteful, realistic Challenges and may reject any Challenge that does not meet its requirements without prior notice.
5.3 iSochal encourages the creation of sport-inspired Challenges. Challenges which are not sport-specific may be created in the Pure Fun category. iSochal does not permit any Challenge which has or appears to have any political, religious or anti-social agenda.
5.4 We will review the Challenge Rules you submit to us and we reserve the right to amend or add to these rules for any reason. If we change the rules you have submitted, we will send to you the revised Challenge Rules and ask you for your agreement to these updated Challenge Rules.
5.5 When iSochal has reviewed and accepted your Challenge Rules, it will do so by stating its acceptance in the “Additional Information” field of the Challenge Rules and by sending the Premium User a certified email.
6 Service Fees for Premium Users
6.1 Registration as a Premium User is free.
6.2 Service Fees apply for each Sponsored Challenge proposed by the Premium User. Details of these fees are found in the iSochal Fee Agreement (See Paragraph 6.6 of these Terms). No service fees will be applied until the 30 June 2019.
6.3 As set out in the iSochal Fee Agreement, Individual Premium Users will be charged a fixed service fee for each Sponsored Challenge they propose which is accepted by iSochal.
6.4 As set out in the iSochal Fee Agreement, Corporate Premium Users will be charged a variable service fee, based on User participation, for each Sponsored Challenge they propose which is accepted by iSochal.
6.5 Premium Users may propose Challenges which are free to enter or which require payment of a participation fee, as set out in the iSochal Fee Agreement.
6.6 This table is the Service Fee Agreement that Premium Users agree to by accepting these terms. It outlines the Service Fees payable, the types of rewards that can be awarded, who can apply Participation Fees to Challenges and how Participation Fee funds are used.
7 Winners and rewards
7.1 Winners may be individual Participants or teams of Participants, according to the Challenge Rules.
7.2 Measurement of Participant’s entries into a Challenge will be determined either by:
a) iSochal’s automatic measuring tools, or
b) manual measurement conducted by the Participant or by iSochal.
7.3 Both the automatic measuring tools and manual measurements will be used by the iSochal ranking system to rank Participant entries and to decide winners.
7.4 When a winner has been established by iSochal, Corporate Premium Users are obliged to award the winner with the reward they proposed, either fixed amount of money, variable amount of money or merchandise.
7.5 When the reward is money, Corporate Premium Users agree and are obligated to pay the winner(s) of the Challenge they proposed according to the iSochal Fee Agreement.
7.6 Rewards, in the form of money or merchandise, will be given to winners who agree to be a micro brand ambassador and who fulfil their obligation to provide a promotional video, “Winners Video”, made according to the company’s guidelines (see further explanation under the Basic User Terms and Conditions).
7.7 Corporate Premium Users must make the guidelines for the Winners Video available in the Challenge Rules, when creating their Challenge.
7.8 Corporate Premium Users must fulfil their obligation to provide the rewards stated and hold harmless and indemnity iSochal from any liability to provide such rewards.
7.9 It is the sole responsibility of the Corporate Premium User and the micro brand ambassador(s) to define the form of contract they will agree upon for the marketing service of the Winners Video rendered by the micro brand ambassador(s).
7.10 Rewards, whether money or merchandise, must be provided by the Challenge Sponsor within 60 days of having received the Winners Video from the micro brand ambassador.
8 iSochal as Challenge Sponsor
8.1 iSochal may act as a Challenge Sponsor. In such cases, iSochal will have the same obligations as other Challenge Sponsors, as set out in these Terms and Conditions.
8.2 Individual Premium Users may propose Challenges to iSochal. If such Challenges are accepted, they will pay a service fee to iSochal, as set out in the iSochal fee agreement. Subject to iSochal’s approval, such Challenges will be created under the iSochal umbrella, meaning that iSochal will become the sponsor of those Challenges.
9 Benefits to Individual Premium Users
9.1 In exchange for the Premium User Service Fee, iSochal will take on a Challenge proposed by the Individual Premium User and will act as its Challenge Sponsor.
9.2 A commission will be paid to the Individual Premium User by iSochal in accordance with the iSochal Fee Agreement for their contribution to iSochal. This will be paid within 60 days of the Challenge completion.
9.3 Individual Premium Users understand that they are creating a Challenge under the iSochal umbrella and that the winner will become the micro brand ambassador of iSochal.
10 Benefits to Corporate Premium Users
10.1 In exchange for the Premium User Service Fee, iSochal provides the Corporate Premium User use of the iSochal Challenge Platform, including its automatic measurement service, ranking system, global scoreboard and global visibility.
10.2 The Corporate Premium User is also entitled to make use of the Winners Video produced by the micro brand ambassador for its own commercial purposes for a total of 6 months, unless otherwise agreed between the parties.
11 Control of Challenges
11.1 All interpretations of the iSochal Terms and Challenge Rules shall be made by iSochal, whose decisions and interpretations shall be final and binding.
11.2 iSochal reserves the right to cancel or terminate any Challenge for any reason.
11.3 iSochal reserves the right, at its sole discretion, to disqualify any individual it reasonably suspects to be tampering with the entry process, any part of the Challenge itself, or the results mechanism, by any means or suspected to be acting in violation of these Terms, the Challenge Rules or any other term or condition of the Challenge.
11.4 If iSochal determines, in its sole discretion, that unforeseen events have compromised the integrity or viability of a Challenge, iSochal reserves the right to void submissions, and/or terminate the Challenge.
12 Limitations and Exclusions of Liability
12.1 You agree to release, discharge, and hold harmless iSochal, and its affiliates, subsidiaries, and agents, together with the present and future agents, employees and representatives of each of them, from any and all responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any Challenge.
12.2 Our liability to you in relation to your sponsorship of any iSochal Challenge or otherwise in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Dostech Limited and its employees will not be liable to you for any loss or damage of any nature (arising directly or indirectly); Dostech Limited and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
12.3 Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.
12.4 By agreeing to submit a Challenge, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not submit any iSochal Challenge.
13.1 If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
13.2 You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
14.1 The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
15.1 If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
15.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
16.1 We may revise these Terms from time to time. Revised Terms will apply to the use of iSochal and your participation in any iSochal Challenge from the date of the publication of the revised Terms on iSochal. Please check this page regularly to ensure you are familiar with the current version.
17 Exclusion of Third Party Rights
17.1 These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
18 Entire Agreement
18.1 These Terms constitute the entire agreement between you and us in relation to the subject matter of these Terms, and supersede all previous agreements in respect of the same.
19 Jurisdiction and Governing Law
19.1 These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
Version 7, Updated 6 August 2019