Official Contest Rules

Transcription

1 Official Contest Rules NO PURCHASE NECESSARY TO ENTER OR TO WIN THE CONTEST. VOID WHERE PROHIBITED BY LAW. 1) CONTEST DESCRIPTION: This contest (the Contest ) is a visual arts competition open to eligible U.S. middle and high schools ( School Entrant(s) ). The Contest is designed to encourage the School Entrant s students (who, together with their respective parents or legal guardians are hereinafter referred to as Student Participant(s) ), working alone or in groups, to use their imagination to create a work of visual art on a theme of respect self respect and respect of others (the Submission ). Submission(s) may take the form of photos, collages, videos, drawings, or other works of visual art. Judges will choose the winning Submissions and the prizes will be awarded to the winning School Entrant(s) in accordance with these Rules. 2) BINDING AGREEMENT: By entering this Contest, School Entrants and Student Participants (including the parents or legal guardians of minor Student Participants) agree to these Official Rules ( Rules ). The Rules consist of: (i) the terms and conditions on this page; and (ii) the linked parental consent and media release form ( Consent and Release Form ). EACH STUDENT PARTICIPANT S SUBMISSION MAY BE SUBMITTED ONLY BY AN ADULT REPRESENTATIVE OF A SCHOOL ENTRANT. IN ADDITION, EACH SUBMISSION MUST BE ACCOMPANIED BY THE CONSENT AND RELEASE FORM(S) SIGNED BY (OR ON BEHALF OF): (1) ANY AND ALL STUDENT PARTICIPANT(S) RESPONSIBLE FOR CREATING SUCH SUBMISSION, AS WELL AS (2) ANY PERSON WHOSE NAME, IMAGE OR LIKENESS IS DEPICTED IN SUCH SUBMISSION ( DEPICTED PERSON ). IF ANY SUCH STUDENT PARTICIPANT OR DEPICTED PERSON IS A MINOR (I.E., UNDER 18 YEARS OF AGE), THE CONSENT AND RELEASE FORM MUST BE SIGNED BY SUCH PERSON S PARENT OR LEGAL GUARDIAN. SCHOOL ENTRANTS ARE FULLY RESPONSIBLE FOR COLLECTING AND SUBMITTING ALL REQUIRED CONSENT AND RELEASE FORMS (AND/OR ALL OTHER CLEARANCE AS DEFINED IN SECTION 6 BELOW) ALONG WITH THEIR CONTEST SUBMISSIONS. SUBMISSIONS NOT IN COMPLIANCE WITH THE ABOVE REQUIREMENTS (OR ANY OTHER REQUIREMENTS UNDER THESE RULES) WILL NOT BE ACCEPTED AND/OR WILL BE DISQUALIFIED FROM THE CONTEST. These Rules form a legally binding agreement with respect to this Contest. If any School Entrant or Student Participant does not agree to these Rules, such School Entrant or Student Participant is not eligible to enter this Contest or, in the case of a School Entrant, to win a prize. A School

2 Entrant s or Student Participant s entry of a Submission in his Contest constitutes such School Entrant s or Student Participant s acceptance of these Rules. 3) SPONSOR: Overcoming Obstacles, 334 East Bay Street, #159, Charleston, SC ) ELIGIBILITY: The Contest is open to private and public middle and high schools located in the fifty (50) United States or the District of Columbia. Contest Submissions must be created only by the Student Participants, who are middle and high school aged students in the United States. All Student Participants must be U.S. legal residents. Submissions must be accompanied by all required Consent and Release Forms. School Entrants are fully responsible for collecting and submitting the Consent and Release Form for each Student Participant. All Contest Submissions (and the accompanying Consent and Release Forms) must be submitted only by adult representatives of the School Entrants (i.e. school officials), and not by the Student Participants themselves. The Sponsor will not accept Submissions directly from the Student Participants. The Contest is limited to ten (10) Submissions per School Entrant. Employees of the Sponsor and their immediate families (spouses, parents, children, siblings, and their respective spouses), interns, contractors, parent companies, affiliates, subsidiaries, advertising and promotional agencies and members of their immediate families are not eligible to enter or to win the Contest. Sponsor reserves the right to verify the eligibility of any School Entrant or Student Participant at any time. School Entrants and Student Participants agree to provide Sponsor with any proof of eligibility requested by the Sponsor, and such School Entrant s or Student Participant s refusal or failure to timely provide such proof may result from such School Entrant s or Student Participant s disqualification from the Contest. 5) ENTRY PERIOD: The Contest begins at 12:01 a.m. on January 1, 2016 and ends at p.m. EDT on March 31, ) CONTEST SUBMISSION: To enter the Contest follow directions as outlined in the Sponsor s website, Internet access is required to enter the Contest and to enter a Submission. All Submissions must be submitted in an electronic format. To enter a Submission (along with the Consent and Release Form) an adult representative of the School Entrant must either (i) upload the Student Participant s original work and the Consent and Release Form(s) as attachments, and the attachments to lifeskillsday@overcomingobstacles.org, or (ii) provide a URL to a website hosting the Student Participant s work along with the Consent and Release Form(s) via to lifeskillsday@overcomingobstacles.org. All Submissions must include the School Entrant s and Student Participant s name, district, city, state, as well as the contact information (name, phone number, and address) of the adult representative entering the Submission, as well as the grade level of the Student Participant(s). All Submissions must be received by the date and time

3 indicated in the ENTRY PERIOD section above. For purposes of these Rules, receipt occurs when the Sponsor s server records the Submission information. The Submissions may not have been previously published or won any award. The Submissions must not contain any materials that Sponsor, in its sole discretion, deems inappropriate for public viewing. All non video Contest Submissions must be submitted to the Sponsor via as stated above. Video Submissions must be hosted on YouTube and the link to the Student Participant s video must be submitted according to the rules stated in the paragraph above. The video s format and size must follow YouTube video upload guidelines, and all School Entrants and Student Participants must comply with YouTube community guidelines located at Submissions that do not comply with YouTube community guidelines will be disqualified. YouTube is not a sponsor of this Contest and YouTube is not affiliated with the Sponsor. YouTube has its own Terms of Service and Privacy Policy, and all video Submissions must comply with those policies. Please carefully review Youtube s polices prior to hosting a Contest Submission there. By hosting a Contest Submission on YouTube, School Entrants and Student Participants understand and agree to release YouTube from any and all liability related to this Contest. The Sponsor is not affiliated with any third parties and these Rules are completely independent from any third party s policies or practices. All School Entrants and Student Participants are encouraged to read any third party terms of use and policies prior to using such third party s services. Sponsor is not responsible for policies, actions, or inactions of others that might prevent the School Entrant and/or the Student Participant from entering, participating and/or (with respect to a School Entrant) claiming a prize in this Contest. All Submissions must be the original work of the Student Participant(s) and must not infringe upon the rights of any third party, including, without limitation, copyrights, trademarks, or rights of privacy or publicity, or include any material that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations. If a Contest Submission contains any materials or elements (for example, name, likeness, voice, song, etc.) that are copyrighted or are not owned by the School Entrant and/or the Student Participant(s) and/or which are subject to the rights of third parties, the School Entrant and/or the Student Participant(s) and his/her parents or legal guardians are solely responsible for obtaining, prior to the submission of the Contest Submission to the Sponsor, in writing all necessary permissions, licenses and consents ( Clearance ). If a Submission depicts any person other than the Student Participant(s) or the School Entrant, the Student Participant(s) and his/her parents or legal guardians and/or the School Entrant must obtain written Clearance from each such person, or from that person s parent or legal guardian, if the person depicted is a minor. By entering the Contest, the Student Participant(s) and his/her parents and legal guardians and/or the School Entrant agree to supply the Sponsor with any information or material necessary for the Sponsor to verify compliance with the foregoing

4 requirements, including, without limitation, copies of all Clearance. THE SPONSOR WILL NOT ACCEPT ANY SUBMISSION DEPICTING OR IDENTIFYING ANY PERSON WITHOUT SUCH PERSON S EXPRESS WRITTEN CONSENT IN ACCORDANCE WITH THE ABOVE. IN THE CASE OF ANY SUBMISSION DEPICTING OR IDENTIFYING ANY MINOR, THE SPONSOR WILL NOT ACCEPT ANY SUBMISSION DEPICTING OR IDENTIFYING SUCH MINOR WITHOUT THE VERIFIABLE EXPRESS WRITTEN CONSENT OF SUCH MINOR S PARENT OR LEGAL GUARDIAN. The Sponsor reserves the right, in its sole discretion, to disqualify any Submission that the Sponsor determines does not comply with the foregoing requirements, and/or to require the School Entrant and/or the Student Participant(s) to make such changes to any Submission as necessary to make it compliant (for example, removing or blurring the non compliant material), or to take such other actions as the Sponsor deems appropriate, in its sole discretion, with respect to any non compliant Contest Submission. Submissions not complying with these Rules are subject to disqualification. 7) JUDGING: All Submissions will be judged by the Sponsor. The Submissions will be judged based on their theme communication (how well the Contest theme is expressed in the Submission), creativity, unique approach to the theme, artistic merit and whether the Submission adheres to these Rules. The judges reserve the right to choose fewer winners than the predetermined number of prizes if, in the judges sole discretion, an insufficient number of eligible Submissions are received. In the event of a tie, the judges will re evaluate the tied Submissions according to the criteria outlined in this section until the tie is broken. Decisions of the judges are final and binding. If a potential winner is unable for whatever reason to accept the prize, the Sponsor reserves the right to award the prize to another School Entrant. 8) PRIZE: The grand prize is a one thousand dollar ($1,000) grant to the winning School Entrant. The appropriate School Entrant(s) that will receive the grand prize or any supplemental prize will be determined by the Sponsor, in its sole discretion. One grand prize will be awarded. Additionally, a maximum of 5 supplemental prizes in form of Staples gift cards will be awarded to the runner up School Entrants. The value of the supplemental prizes is two hundred ($200) dollars per gift card. All prizes (the grand and the supplemental) will be awarded to the School Entrants, and not to the Student Participants. No transfer, substitution or cash equivalent for prizes is allowed, except as the sole discretion of the Sponsor. The winning School Entrant will be solely responsible for any and all taxes related to the prize(s) acceptance. 9) WINNER NOTIFICATION: Winners will be determined after the Contest s end date. The Sponsor will notify the winners via to the adult representative of the winning School Entrant(s) who entered the Contest Submission(s) no later than April 5, Additionally, all winners will be announced on the Sponsor s website. The winners must respond within five business days to claim the prize. If it is determined that the winning School Entrant(s) and/or the Student Participant and his/her parents or legal guardians have not complied with these Rules, have

5 failed to execute and return any required documents within the specified time period, have made false statements or representations, or have not responded to a prize notification within the specified time period, the winner will be disqualified. The Sponsor reserves the right to select an alternative winner as described in the JUDGING section. 10) WINNER LIST: The names of the winners will be posted on the Sponsor s website after the prize has been claimed. 11) MEDIA RELEASE: Entering in this Contest constitutes permission (except where prohibited by law) to use a School Entrant s and/or a Student Participant s name, image, likeness, grade and school information, prize won, and photograph, all at the Sponsor s discretion, for promotion of this and other contests and future advertising and publicity in any and all media, now known and hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission. School Entrants and Student Participants (including the parents or legal guardians of minor Student Participants) also understand and agree that the Sponsor may require School Entrants and/or Student Participants to participate in any media or promotional activities regarding the Contest. 12) INTELLECTUAL PROPERTY: School Entrants and/or Student Participants retain the intellectual property rights in their Submissions. The actual Contest Submissions (other than videos submitted via YouTube, which will remain the property of the Sponsor to the extent permitted by law) will otherwise become the exclusive property of the Sponsor and will not be returned. School Entrants and Student Participants are encouraged to keep a copy of their Submission. By entering this Contest, each School Entrant and Student Participant (including the parents or legal guardians of any minor Student Participant) irrevocably grant the Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the non exclusive, unconditional and perpetual right, and permission to reproduce, encode, store, copy, transmit, publish, translate, post, broadcast, display, publicly perform, adapt, prepare derivative works, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), each element of the School Entrant s Submission, and use the School Entrant s and/or the Student Participant s and/or Depicted Person s name, likeness, photograph, and/or statements regarding participation in this Contest in any and all media, now know or hereafter devised, throughout the world, without additional compensation or approval from the School Entrant and/or the Student Participant, or any other party, for any purpose whatsoever, including advertising, marketing, promotional activities, or any other commercial uses. 13) PRIVACY: By participating in this Contest, School Entrants and Student Participants (including the parents or legal guardians of any minor Student Participants) agree that the Sponsor can collect, process, and store School Entrants and Student Participants personal information for the purposes of conducting and administering this Contest, and that if the Sponsor cannot collect, process, and store the required data, School Entrants and/or Student Participants may not be eligible to participate in the Contest. Please review the Sponsor s privacy practices.

6 14) GENERAL CONDITIONS: The Sponsor and its affiliates, officers, directors, agents, representatives and employees ( Released Parties ) are not responsible for lost, late, misdirected, damaged, stolen, altered, incorrect, incomplete or delayed Submissions; all of which will be void. The Released Parties are not responsible for electronic transmission errors, theft, destruction or unauthorized access to or alternations to Contest Submissions, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind. If for any reason Internet access to the Contest is interrupted, reduced, or corrupted, including by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest. In such a case, the Sponsor may, in its sole discretion, select the winners from all eligible Submissions received prior to and/or after (if appropriate) the action taken by the Sponsor, using the criteria outlined in the JUDGING section. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SCHOOL ENTRANTS AND STUDENT PARTICIPANTS INDEMNIFY AND AGREE TO KEEP INDEMNIFIED THE SPONSOR AND THE RELEASED PARTIES AT ALL TIMES AND AGAINST ANY LIABLITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY SUCH SCHOOL ENTRANTS AND STUDENT PARTICIPANTS AND/OR A BREACH OF ANY WARRANTY BY SUCH SCHOOL ENTRANTS AND STUDENT PARTICIPANTS SET FORTH HEREIN. SCHOOL ENTRANTS AND STUDENT PARTICIPANTS ALSO AGREE TO INDEMNIFY AND TO KEEP INDEMNIFIED THE SPONSOR AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS FEES) AND LIABILITIES (INCLUDING SETTLEMENT), BROUGHT TO OR ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USE OF ANY ELEMENT OF SUCH SCHOOL ENTRANT S OR STUDENT PARTICIPANT S CONTEST SUBMISSION, OR SUCH SCHOOL ENTRANT S OR STUDENT PARTICIPANT S CONDUCT IN ENTERING A SUBMISSION OR CREATING A SUBMISSION OR OTHERWISE IN CONNECTION WITH THIS CONTEST, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, VIOLATION OF AN INDIVIDUAL S RIGHT OF PUBLICITY OR RIGHT OF PRIVACY, OR DEFAMATION. SCHOOL ENTRANTS AND STUDENT PARTICIPANTS FURTHER AGREE TO RELEASE THE SPONSOR AND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS THAT ANY ADVERTISING SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF THE SPONSOR AND/OR THE RELEASED PARTIES INFRINGES ON SUCH SCHOOL ENTRANT S AND STUDENT PARTICIPANT S RIGHTS WITH REGARD TO ANY ELEMENT OR IDEAS CONTAINED IN ANY ELEMENT OF SUCH SCHOOL ENTRANT S AND STUDENT PARTICIPANT S CONTEST SUBMISSION. SCHOOL ENTRANTS AND STUDENT PARTICIPANTS ALSO AGREE TO HOLD THE SPONSOR AND THE RELEASED PARTIES HARMLESS FROM ANY INJURY OR DAMAGED CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THIS CONTEST AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.

7 The Sponsor s failure to enforce any terms of these Rules will not constitute a waiver of that or any other provision. 15) ARBITRATION & CHOICE OF LAW: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH SCHOOL ENTRANTS AND STUDENT PARTICIPANTS CAN SEEK RELIEF FROM THE SPONSOR. THIS SECTION WAIVES SCHOOL ENTRANT S AND STUDENT PARTICIPANT S RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. The Sponsor, the School Entrant and the Student Participant (including the parent or legal guardian of any minor Student Participant) (the Parties ) waive all rights to trial before a jury in any action or proceeding instituted in connection with these Rules, including, without limitation, the Contest. With the exception of any action or proceeding brought by the Sponsor in which injunctive relief is sought, any controversy or claim arising out or relating to these Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. This waiver applies to class arbitration and the arbitrator(s) may not consolidate more than one person s claim. With the exception of any claim by the Sponsor for indemnification, under no circumstances is an arbitrator authorized to issue an award for, and the Parties hereby waive all rights to claim, punitive damages, liquidated damages, incidental or consequential damages, or attorneys fees. The arbitration shall be conducted in State of New York, City of New York, unless the Parties agree otherwise. School Entrants and Student Participants hereby acknowledge that such School Entrants and Student Participants understand the terms of the arbitration clause, and agree to comply with all of its terms and provisions. These Rules and interpretation of its terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. If any provision (s) of these Rules is held to be invalid or unenforceable, all remaining provisions thereof will remain in full force and effect.