Terms and Conditions
1.1 Promoter: Eide Bailly
1.2 Awards: The Eide Bailly Resourcefullness Award
2. Conditions of Entry:
2.1 Any 501(c)(3) with headquarters in the U.S. may submit an entry.
3. How to Submit:
3.1 Full details on how to submit can be found here
3.2 Submitters should completely fill out a submission form beginning Thursday, July 13, 2023 12:00 a.m. CDT through Friday, August 11, 2023 at 11:59 p.m. CDT.
4. Use of Data:
4.1 Electronic submissions will be kept on file and will not be returned.
4.2 Eide Bailly reserves the right to include any information you have provided in follow-up, public communications. Should you wish to keep confidential any of the information you have submitted, please note that in your submission, specifically calling out which pieces of information must remain confidential. Please do not simply designate the entire submission as confidential, rather, identify only those items that you regard as proprietary.
5. Judging Entries:
5.1 The judging criteria and information on the judges can be found on the Resourcefullness page of our website.
5.2 Eide Bailly will conduct the internal judging by selecting the best shortlisted entries based on the same criteria used by the external judges. We aim to remove any bias by ensuring the internal judging is done by regional groups, pulling from varying industry teams and roles throughout the firm.
5.3 The decision of the judges is final in choosing the winners of the Awards and the decision of Eide Bailly will be final in all other regards. No correspondence will be entered into in respect to this decision.
6. Winners and Prizes:
6.1 There will be one $50,000 winner.
6.2 Public announcement of the winners will take place on Thursday, October 19, 2023.
7. User Submissions:
7.1 Any communications and/or other material that we receive from you (“User Material”) will be deemed non-confidential and non-proprietary and we reserve the right to use User Material on this Website, any other website operated by us and in our offline publications where we consider this appropriate. You hereby grant to us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, edit, and publish such User Material on this Website, any other website operated by us and in our offline publications and for all other commercial and non-commercial purposes related to our work. If you do not wish to grant such rights to Eide Bailly, then please do not submit any User Material to us. Note that some pieces of your submission will be treated as confidential if you flag those pieces within your submission.
7.2 By submitting any User Material, you warrant that such User Material is your own original work and that you are fully entitled to make it available to us for all the purposes specified above.
7.3 Under no circumstances should you submit any User Material:
(a) that is knowingly false or misleading;
(b) that is defamatory, illegal, abusive, vulgar, obscene, inflammatory, of a racist, sexist or other discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive, or which might reasonably cause offense to any person;
(c) which you do not own or for which you have not obtained all necessary licenses or approvals;
(d) which is technically harmful including, without limitation, computer viruses, Trojan horses, worms, corrupted data, malicious software or harmful data;
(e) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
7.4 Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication. We reserve the right to remove any User Material or part thereof published on the Website at any time and for any reason at our absolute discretion without notification to you, including for the avoidance of doubt if Eide Bailly determines, or is informed, that the User Material or the circumstances of their production are unsuitable for any reason.
7.5 You agree to indemnify, defend and hold harmless Eide Bailly and its directors, officers and employees, from and against all liabilities, claims, demands, expenses and costs arising out of your submission of User Material which breach these Terms.
7.6 Please note that User Material supplied by you will not be returned.
8. No Purchase or Payment of Any Kind is Allowed, nor Necessary, to Submit
By submitting a nomination, you agree that Eide Bailly, at its sole discretion, may require you to submit any disputes arising from submission, or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in section 11.9. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award attorneys’ fees or punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
11.1 Eide Bailly may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding.
11.2 The selection of nominations for appearance on the Website is entirely at Eide Bailly’s discretion.
11.3 By making a nomination for the Awards, you grant to Eide Bailly a perpetual, non-exclusive, royalty free, non-transferable, irrevocable license for the full period of copyright to use and reproduce any content provided by you to Eide Bailly or any third party acting on Eide Bailly’s behalf (including any content submitted as part of the nominations or otherwise, both before and after the Awards entry period) in connection with the Awards including without limitation in print and on the Website.
11.4 You agree that Eide Bailly may use your name, and the name of your nomination, and/or likeness for advertising and/or publicity purposes in connection with the Awards including but not limited to publication of your name, and the name of your nomination, on the Website.
11.5 The winners (and its representatives and personnel) may be required to and agree to take part in reasonable publicity events in connection with the Awards.
11.6 Eide Bailly is not responsible, and shall not be liable, for any problems related to any computer online systems or equipment, software failure of any email or failure of an entry to be received on account of technical problems or traffic congestion on the internet or the Website, or any combination thereof, including but not limited to any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in these Awards. Proof that an email has been sent will not be deemed proof of receipt. No nominations will be accepted in bulk, from agents or third parties.
11.7 In the event of any breach of these Terms and Conditions or any dispute regarding a nomination, Eide Bailly reserves the right in its absolute discretion to: remove such nomination from display; and exclude the relevant nomination and/or nominee from the Awards.
11.8 Eide Bailly reserves the right in its absolute discretion to disqualify any nomination which does not comply with these Terms and Conditions and/or any person making a nomination whose conduct is contrary to the spirit of these Terms and Conditions. In the event of circumstances beyond its reasonable control, Eide Bailly reserves the right to withdraw, amend or cancel the Awards and you agree that no liability shall attach to Eide Bailly as a result thereof.
11.9 These terms and conditions shall be governed by the laws of the state of North Dakota, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these Awards (including but not limited to the purchase of any products) shall be in the state or federal courts located in the state of North Dakota. Any cause of action or claim you may have with respect to the Awards must be commenced within one (1) year after the claim or cause of action arises. Eide Bailly's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Eide Bailly may assign its rights and duties under this Agreement to any party at any time without notice to you. Any claim relating to the materials shall be governed by the internal substantive laws of the State of North Dakota.
12. Awards Promoter:
Eide Bailly LLP, 4310 17th Ave. S., Fargo, ND 58103