OFFICIAL RULES FOR 2019 CLEAR THE AIR VAPING PREVENTION CHALLENGE
The 2019 Clear the Air Vaping Prevention Challenge (the “Challenge”) is governed by these official rules (“Official Rules”). By participating, all individuals submitting one or more Challenge submissions (“Applicant” or “Applicants”) agree to these Official Rules. The Challenge is subject to all applicable laws and regulations, and is void where prohibited by law.
Challenge Name and Purpose: This is the 2019 Clear the Air Vaping Prevention Challenge (the “Challenge”). The purpose of this Challenge is to encourage the use of Edmodo’s platform, to encourage students to promote anti-vaping messages. Student participants will be invited to create a vaping prevention advertisement in the form of an image or file. Each submission must serve as a powerful message against vaping. Edmodo will evaluate each Submission based on the following:
- Clear and concise anti-vaping message.
- An impactful message that speaks clearly and effectively to students between 6th and 12th grade.
- Memorable and/or viral potential. Will students share it? Does it start a conversation amongst peers about the dangers of vaping?
Challenge Sponsor: Edmodo, Inc., located at 1200 Park Place, Suite 400, San Mateo CA 94403, is the “Sponsor” of this Challenge.
Challenge Period: The Challenge begins on March 11, 2019 at 9:00 a.m. Pacific Standard Time (“PST”) and ends on April 30, 2019 at 11:59 p.m. PST (the “Challenge Period”). The Sponsor has the official time keeping device for this Challenge. To be eligible, each individual submission (“Submission”) must be completed and submitted for entry into this Challenge on or before 11:59 PM PST on April 30, 2019. Any Submission submitted after the date and time designated above, for any reason, will be disqualified.
Who May Enter: Except as otherwise provided herein, this Challenge is open to all students between the ages of 13 and 18 that meet the Challenge eligibility requirements and comply with these Official Rules (“Eligible Applicants”).
The following classes of persons are NOT eligible to participate in this Challenge: Sponsor and each of the employees, officers, and directors of Sponsor and its affiliated companies, subsidiaries, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Challenge (collectively, “Released Parties”) and the members of the immediate families or households of any of the above, whether or not related. “Immediate family members” includes, for purposes of this Challenge, parents (including in-laws), grandparents, siblings (including stepsiblings), children (including step-children), grandchildren (including step-grandchildren), and each of their respective spouses.
The following classes of persons are NOT eligible for Awards:
All participating students residing outside of the United States of America
How to Apply For an Award: To apply for an Award under this Challenge, each Eligible Applicant must do the following:
A Student’s legal guardian or authorized representative over the age of 18 must go to https://beta.edmodo.com/pages/clear-the-air to complete the registration form, upload the student’s Submission, and submit the Submission to the Sponsor. Your Submission must include the following information: Country, Age of Student, Full Name of Student, Entry Description, High Resolution Image of the Vaping Prevention Project/Ad, Full Name of Legal Guardian or Legal Representative of Student, Email address of Legal Guardian or Legal Representative of the entering Student.
No Cost to Participate; Multiple Applications Allowed Subject to Award Limit: There is no cost or charge to submit a Submission. Eligible Applicants may enter only one Submission to the Challenge.
Challenge Application Requirements:
- All Applicants must obtain, or have previously obtained, all consents, to include but not be limited to parental consents, required, necessary or appropriate for the use of any video, images, or other content, to include but not be limited to any student video, images, or other content, contained within the Submission or within any materials gathered by Sponsor during any visit to the Award Winner’s school. All such consents shall be provided to Sponsor upon Sponsor’s written request.
- Each Applicant grants to the Sponsor, and any company controlling, controlled by, or under common control with the Sponsor, a non-exclusive, world-wide royalty-free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, display, and otherwise exploit each Submission that the Applicant submits into this Challenge, or any part thereof, throughout the world in any media (including on the Sponsor’s website or in any video or electronic communication form, and in any printed publications), whether now known or hereafter created regardless of whether the Submission is an Award Winner.
- Each Submission submitted into this Challenge must be an original work and shall not include (i) any content that the Applicant does not have all rights necessary to grant the License to the Sponsor described herein, (ii) images of individuals that the Applicant does not have the right and consent of the appropriate party to use for all purposes contemplated within these Official Rules, or (iii) images or content showing any individuals vaping. In addition, each Submission submitted into this Challenge shall not be in violation of any law, copyright, trademark, publicity right, privacy right, or any other right of any third party, and will not contain any defamatory statements, threats to any person, place, business, or group, display or describe any dangerous behavior or unacceptable clothing or adornments, or display or describe any indecent behavior, profanities, or obscenities. The Sponsor reserves the right in its sole discretion to disqualify any Submission submitted into this Challenge that, in the Sponsor’s opinion, refers, depicts, or in any way reflects negatively on the Sponsor or any other person or entity, or does not comply with these Official Rules.
- All Submissions submitted for entry into this Challenge must be submitted in English.
Award Winner Selection: The Sponsor shall appoint a panel of judges consisting of employees of the Sponsor or other individuals with experience in the education field (“Panel”). Sponsor will have sole discretion in choosing the members of the Panel. Each Submission submitted shall be evaluated by the Panel based upon the following criteria: whether there is a clear and concise anti-vaping message, whether the Submission is memorable or has the potential to go viral (will students share it? does it start a conversation among peers about the dangers of vaping?). These criteria, as more specifically described in Exhibit A attached hereto, shall be used by the Panel to evaluate and judge each Submission submitted to determine each Award in this Challenge.
Award Winners will be contacted on or before the close of business on May 14, 2019 by email (the “Notification Email”) sent by Sponsor to the email address provided by the Eligible Applicant in the Submission submitted to Sponsor through https://beta.edmodo.com/pages/clear-the-air.
Awards: A maximum of one (1) Award shall be awarded under this Challenge to an “Award Winner” in the United States. The first place Award Winner in the United States shall receive a Macbook Pro laptop, and four (4) runner up Award Winners in the United States shall receive Macbook Air laptops, subject to the limitation that an individual may only receive one (1) Award through this Challenge. There is no cash alternative, and the prize(s) cannot be transferred to any other person. The Awards are provided on an “AS IS” basis with no warranty provisions.
Award Winner Requirements: Only participating students residing in the United States are eligible for an Award. Each Award Winner must respond to the Notification Email sent by the Sponsor within fifteen (15) business days of the date that Sponsor sends the Notification Email. If an Award Winner does not respond to the Sponsor’s Notification Email within fifteen (15) business days, the Sponsor reserves the right to withdraw the Award entitlement, and Sponsor is not required to select an alternate or reserve Award Winner, in which case the Award will be forfeited. Sponsor will not be responsible for emails blocked by the Award Winner’s email filter or spam control tool or for any Award Winner’s failure to reply in a timely manner to the Award Winner Notification Email provided by the Sponsor.
ALL POTENTIAL AWARD WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS CHALLENGE.
Verification of Award Winner: Each individual Award Winner must continue to comply with all terms and conditions of these Official Rules. Each Award is (i) contingent upon the Award Winner fulfilling all requirements as reasonably required by the Sponsor for the purposes of awarding the Award, and (ii) subject to all terms and conditions of these Official Rules to include but not be limited to the Award Conditions described in these Official Rules.
Decisions of the Sponsor in all matters related to this Challenge are final.
No Substitutions or Exchanges: The Award Winner may not substitute, exchange, or apply the Award value towards a higher cost or alternate award or prize. The Awards are non-transferable.
In the event there is no Eligible Applicant that wins an Award identified in these Official Rules, the applicable Award will not be awarded and shall be retained by the Sponsor.
Award Claim Procedures for Award Winners:
- All Award claims are subject to approval and verification by the Sponsor. Failure to comply with any terms or conditions of these Official Rules shall render any potential winner ineligible to claim any Award, and the Sponsor shall be released of and from any and all liability with respect to any claim asserted by any Applicant, potential Award Winner, or Award Winner.
- The recipient of any Award may be required to provide the Sponsor with any information as may be required to comply with applicable tax filing or other governmental filing requirements. Each recipient of any Award is solely responsible for any and all tax obligations of any kind or nature whatsoever attributable to the Eligible Applicant’s receipt of any Award.
Additional Rules and Restrictions: By participating, each Applicant agrees to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental, or consequential, for injury (including but not limited to death), damages, losses, or expenses arising out of or relating to Applicant’s participation in this Challenge, or the acceptance, possession, or use/misuse of any Award, or participation in award-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefore. Released Parties shall not be liable to any Award Winner or any other person for failure to supply the Award or any part thereof by reason of any acts of God, any actions, regulations, orders, or applications by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.
All Applicants are restricted to the use of ordinary and typical computer equipment, mobile phone equipment, portable electronic devices, Internet access, and cellular networks. The Sponsor disclaims all liability for the inability of an Applicant or prospective Applicant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors.
The Sponsor disclaims all liability for any injury or damage to any Applicant’s or any other person’s computer, mobile phone, or other portable electronic device used by an Applicant or prospective Applicant related to or resulting from participating in this Challenge.
The Sponsor reserves the right to cancel, modify, or terminate this Challenge if, in the opinion of the Sponsor, fraud, misconduct, or technical failures destroy or threaten the integrity of the Challenge, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Challenge. In the event of early termination of the Challenge, the Sponsor reserves the right to determine the potential Award Winner or Award Winners from among all eligible Submissions properly submitted as of the date and time of such termination.
If due to circumstances beyond the control of the Sponsor, any event associated with this Challenge or any Award is delayed, rescheduled, postponed, or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Challenge, and shall not be required to provide any Award or any substitute award or prize.
In Case of Disputes: By participating, each Applicant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with this Challenge, or any grants awarded or to be awarded shall be resolved individually without resorting to any form of class action; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting any Submission or participating in this Challenge, but in no event attorneys' fees; and (iii) under no circumstances will any Applicant be permitted to obtain awards for, and each Applicant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the validity or enforceability of these Official Rules, the construction or interpretation of these Official Rules, or the rights and obligations of Applicant and Sponsor in connection with this Challenge and promotion, shall be governed by and construed in accordance with the laws of the state of California. Any claim or cause of action whether in law or equity, arising under or relating to Official Rules shall be brought in any federal or state court located in San Mateo County, California or the United States District Court for the Northern District of California.
Privacy: By participating in this Challenge, each Applicant acknowledges and agrees that the Sponsor may collect the name, email address and telephone number of the person submitting the Submission, and any other information that the Sponsor deems reasonable, necessary and appropriate to collect. The Sponsor may use this information to administer this Challenge and for other lawful purposes.
Applicant can contact the Sponsor or otherwise communicate privacy concerns by:
- Emailing the Sponsor at email@example.com; or
- Writing to the Sponsor at the following address: Edmodo, Inc.,1200 Park Place, Suite 400, San Mateo CA 94403. Please include your email address and phone number with your correspondence along with the information needed to support your application.
Award Winners List: For a copy of these Official Rules or names of the Award Winners, send a self-addressed, stamped envelope to: Edmodo, Inc., Attention: 2019 Anti-Vaping Challenge, 1200 Park Place, Suite 400, San Mateo CA 94403. Please specify what information you are requesting. Requests for information regarding these Official Rules or Award Winners must be received by May 15, 2019.
Submission Evaluation Criteria
- 25%Clear and concise anti-vaping message
- 50%Impactful: speaks clearly and effectively to students between 6th and 12th grade
- 25%Creativity of Submission: Memorable and/or viral potential. Will students share it? Does it start a conversation amongst peers about the dangers of vaping?