OFFICIAL CONTEST RULES: SparkOpportunity Challenge



OFFICIAL CONTEST RULES

IT’S UP TO YOUTH:
THE SPARKOPPORTUNITY CHALLENGE

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED.

GENERAL

The Generation Innovation: White House Youth Entrepreneurship Grant contest (the “Contest”) is a skill-based contest and chance plays no part in the determination of the winner(s). You must abide by these Official Rules as well as agree to certain stipulations in order to be considered in the Contest.

These Official Rules may be modified from time to time by SparkAction.org (“SparkAction”) without any notice to any Member (as defined below), and any such modifications shall be effective as of the date they are posted on the SparkAction website located at http://www.sparkaction.org (the “SA Website”) or SparkOpportunity.org.  SparkAction may, at its sole discretion, cancel or modify the Contest, or any provision herein for any reason and without notice to any Member.

SECTION 1: OBJECTIVES

The SparkOpportunity Challenge (SPARKOPPORTUNITY.ORG) is an online platform for young people and adult allies to submit videos or text detailing their solutions to create jobs and reconnect young people to pathways to education and training.  Applicants then vote for the submissions they think could really work; it is not necessary to have submitted an entry to vote, anyone who registers will have three votes to use on their favorite entries.An entry in this contest is referred to as a “Submission.

SECTION 2: ELIGIBILITY

All contests are open only to natural persons, aged thirteen to thirty-five years old at the time of entry, who are registered members of SparkAction (each, a “Member”). A minor (for these purposes, a person under eighteen years of age as of the time of entry) submitting an entry for the Contest must receive his/her parent/legal guardian's permission. If a prize is won by a minor, the prize shall be awarded to the minor's parent or guardian, who must execute the required documentation on the minor's behalf as a condition to the payment by SparkAction of any prize money.

Certain awards, including mentoring prizes and seed grants are open to U.S. Citizens and Legal Residents only. The iPad prize is open to Members of any nationality except as otherwise prohibited herein.

Contests are not open to residents of Cuba, Iran, Iraq, Syria, North Korea, Sudan, and Myanmar (Burma), or to other individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by applicable law.

All persons making a Submission to the Contest shall be deemed to have made a representation that their participation in the Contest is legal in the jurisdiction in which they reside.  Any Submission to the Contest will be void where participation in the Contest is prohibited.

The following individuals are not eligible to participate in the Contest: employees, contractors, agents, directors and officers of SparkAction, the Forum for Youth Investment and the Youth Leadership Institute and of their respective parent companies, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment and other firms and agencies involved in the administration, development, fulfillment and execution of the Contest (collectively, “Contest Parties”), and any spouse, parent or child of any of the Contest Parties.

By entering the Contest, each Member affirms his or her eligibility, represents and warrants that he or she has reviewed the SparkAction User Agreement set forth on the Terms page of the SA Website (the “Terms of Use”) and SparkAction, Inc. Privacy Policy set forth on the Privacy Policy of the SA Website (the “Privacy Policy”), and agrees to be bound by these Official Rules, the Terms of Use, and all decisions of SparkAction, which are final, binding and conclusive with respect to all matters relating to the Contest.

SparkAction reserves the right, in its sole discretion, to disqualify any individual deemed to be (i) tampering or attempting to tamper with the entry process or the operation of the Contest; (ii) violating these Official Rules; (iii) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person; or (iv) for any other reason within SparkAction’s sole discretion.

SECTION 3: ENTRY PERIOD

All Submissions must be received by SparkAction during the Entry Period.

The Entry Period for the SparkOpportunity contest begins at 12:01 a.m., Eastern Daylight Time on April 12, 2012 and ends at 11:59 p.m., Eastern Daylight Time on May 15th, 2012.

SparkAction reserves the right to shorten or extend the Entry Period. SparkAction also reserves the right to suspend or cancel any of the Contests due to a lack of a significant number of participants, as determined in SparkAction’s sole discretion.

SECTION 4: SUBMISSIONS

Any eligible person may compete in any contest, including multiple contests assuming eligibility requirements are met for the respective contests, by completing and submitting his or her Submission on the Contest’s official entry form (the “Entry Form”) during the Entry Period. All Submissions and completed Entry Forms must satisfy all requirements contained or referred to in these Official Rules.

A Submission may contain a video, photograph(s), print or hand-written pages, an audio recording or computer graphics (collectively, “Artwork”). To the extent applicable, all Artwork included as part of a Submission must (i) be in English; (ii) be clear, in focus and audible, (iii) not be marked “private” or “confidential;” and (iv) be the property of the Member making the Submission. In addition, each Member submitting Artwork must have written permission from all individuals identifiable in the Artwork (as determined by SparkAction in its sole discretion), and if an individual in the Artwork is under the age of majority in their jurisdiction of residence, written permission must be from the individual’s parent or legal guardian.

Any character or word limits set forth on the Entry Form for the Contests will be strictly enforced.

Any video contained in a Submission must reside in the Member’s (i) YouTube account and comply with the YouTube Site’s “YouTube Community Guidelines” set forth at  http://www.youtube.com/t/community_guidelines; (ii) Vimeo account and comply with Vimeo’s “Community Guidelines” set forth at http://www.vimeo.com/guidelines; (iii) Brightcove account and comply with Brightcove’s “Terms and Conditions” set forth at http://www.brightcove.com/en/terms-and-conditions; or (iv) blip.tv account and comply with blip.tv’s Terms of Use set forth at http://blip.tv/terms.

A Submission may be made only by one Member. If a winning Submission was developed by more than one Member, only the Member who entered the Submission in the Contest shall be awarded the Prize (as defined in Section 6 below). If more than one Member enters the same Submission, the Member who made the Submission that was first in time received, shall be deemed the sole owner and developer of such Submission for purposes of the Contest. Neither SparkAction nor its partners are under any obligation to review or consider the similarity of Submissions.

All Submissions must be made through the SparkOpportunity (SparkAction) Website. Any Submission made in person, by mail, by fax, or by any means other than via the Website shall not be accepted.

In order to be eligible to participate in the contest, a Member must represent and warrant to SparkAction that his or her Submission:

Does not include any content that is in violation of rights of publicity and publicity of any person or entity;

Does not libel or slander any Person or entity; and

Does not infringe the intellectual property rights of any third party, including but not limited to copyrights and trademarks.

Submissions will be rejected if the Submission:

discriminates against, disparages, denigrate or advocates violence against any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability;

involves religious advocacy or proselytizing;

features or references any third party commercial products and/or company trademarks, logos, brands or endorsements without permission in any manner which SparkAction deems may violate the rights of a third party;

contains materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead without permission in any manner which SparkAction deems may violate the rights of a third party;

contains any copyrighted works in any manner which SparkAction deems may violate the rights of a third party (other than those owned by the Member making the Submission or those used with permission);

suggests legalization of or otherwise promote any illegal drugs/activity, prostitution or pornography or other illegal activities or goods;

contains any profanities, be overtly sexual, suggest an intent to abuse or suggestions of violence or contain photos or videos which have images of violence, drugs, pornography, or other illegal activities or goods;

is inconsistent with any corporate policy of SparkAction which can be found on the SparkAction Website or disparage or denigrate a product, service, person, company or organization including, but not limited to, SparkAction or its partners.

SPARKACTION RESERVES THE RIGHT TO REJECT ANY SUBMISSION THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES.

All Submissions, including but not limited to, Artwork, ideas, concepts and communications contained in such Submission, shall be owned solely by the Member who made such Submission. Such shall have sole liability for all third party claims relating to or regarding the content of his or her Submission. All Submissions will be reviewed for compliance with these Official Rules before the commencement of the Voting Period (as defined in Section 5 below); however, such review does not relieve Member from responsibility for compliance with these Official Rules. Members and Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by SparkAction, in its sole and absolute discretion, may be disqualified at any time. SparkAction, in its sole and absolute discretion, makes the final determination as to which Members and Submissions are accepted and are eligible to take part in this Contest and to receive the Prize.

If a Submission is rejected for any reason, the Member may revise such Submission, and then resubmit the Submission during the Entry Period. All re-submissions of any Submission are subject to the timing limitations set forth in these Official Rules and may not be resubmitted after the expiration of the Entry Period.

All Submissions shall be posted on the SparkAction Website as soon as practicable after receipt.

By entering the Contest and making a Submission, a Member acknowledges that his or her Submission will be posted by SparkAction on the SparkOpportunity Website.

SUBMISSIONS POSTED TO THE WEBSITE ARE NOT EDITED BY SPARKACTION AND ARE THE VIEWS/OPINIONS OF THE RESPECTIVE MEMBER AND DO NOT REFLECT THE VIEWS OF SPARKACTION OR ITS PARTNERS IN ANY MANNER.

SparkAction shall not be responsible for the return or preservation of any Submission. Each Member further agrees that a Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created.

If SparkAction, at any time prior to the end of the Voting Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in a Member’s Submission, SparkAction, in its sole and absolute discretion, reserves the right to remove such Submission from the Website and disqualify the Submission without prior notice to such Member.

SECTION 5: VOTING

Only registered SparkAction Users may vote in the Contest.

All voting shall be done on the SparkOpportunity Website.

Members shall be allowed to vote for one or more Submissions that they consider to be the best Submissions during the Voting Period. 

The Voting Period for the SparkOpportunity Challenge contest begins at 12:01 a.m., Eastern Daylight Time on May 16, 2012 and ends at 11:59 p.m., Eastern Daylight Time on May 25, 2012.

SparkAction reserves the right to shorten or extend the Voting Period.

A Member who is entitled to more than one vote per contest may divide his or her votes among one or more Submissions in each contest. No fractional votes may be cast. Members may change and/or reallocate their votes at any time prior to the end of the Voting Period.

No Member may solicit or accept any money or other consideration in exchange for his or her votes.

No Member who has made a Submission in the Contest may offer or make payment in exchange for votes for his or her Submission.

If SparkAction determines, in its sole and absolute discretion, that any Member has not followed these Official Rules by, for example, engaging in (i) use of proxy voting, (ii) by registering more than one (1) time on the SA Website and/or using multiple e-mail or dummy email addresses, (iii) offering any type of compensation or agreeing to compensate (monetarily or otherwise) any third party, in exchange for a vote in any manner, or (iv) other fraudulent means in an attempt to cast votes than are allotted to a Member pursuant to these Official Rules, then SparkAction reserves the right to cancel that Member’s SparkAction account, disqualify all of the Member’s votes and/or disqualify any Submission that he or she may have made (if such Member has also made a Submission in the Contest) and disallow any further participation by such individual in any future SparkAction contest.

By voting in the Contest, each Member represents and warrants that he or she has reviewed the SparkAction User Agreement set forth on the Terms page of the SA Website (the “Terms of Use”) and SparkAction Privacy Policy set forth on the Privacy Policy of the SA Website (the “Privacy Policy”), and agrees to be bound by these Official Rules, the Terms of Use, and all decisions of SparkAction, which are final, binding and conclusive with respect to all matters relating to the Contest.

SECTION 6: WINNING

Prizes will be awarded in the following categories, based on the number of votes received by each submission:

Top 5 Youth Awards. The top-voted submissions by Members under age 24 will receive an Apple iPad, One Thousand Five Hundred Dollars ($1,500) and mentoring from a recognized business, community or political leader.

Top 3 Adult Allies. The top-voted submissions by Members age 25 and over will receive an Apple iPad, One Thousand Five Hundred Dollars ($1,500) and mentoring from a recognized business, community or political leader.

Audience Choice Award. The submission to receive the most votes overall will receive an additional recognition, TBD.

Additional awards may be announced as sponsoring parties come on board. Each new award will be clearly announced on the Challenge website and criteria for winning will be specified. In addition, all Members will receive e-mail notification if and when a new Award level or category is created.

If there is a tie between or among Submissions in a Contest after the Voting Period has ended, then the Prize for such contest shall be shared equally by the Members whose Submissions received the highest number of votes.

If the Member receiving the highest number of votes in a Contest is disqualified or otherwise deemed ineligible to receive the Prize, then the Prize shall be awarded to the Member whose Submission received the next highest number of votes.

The identity of the winner of each Portion of the Contest will be published on the SparkAction Website.

As a condition of receiving the Prize, the winner of each Portion of the Contest must appear in a video interview conducted by SparkAction or its designee. SparkAction shall own the copyright to such interview, and the winner must sign a release granting all rights in such interview to SparkAction.

SECTION 7: TAXES

Winners of each Portion of the Contest will be required to complete and submit an IRS Form W-9 with their full Social Security Number or the equivalent thereof for receipt of their respective Prize. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize for which such person is eligible.

Members should speak with their own tax advisors with respect to the international, federal, state and local tax consequences of winning a Prize prior to entering the Contest.

SECTION 8: IDENTITY AND INFORMATION

The Member is the one individual who registered to participate in the Contest in accordance with these Official Rules. In the event of dispute regarding the identity of a Member, the dispute will be resolved in favor of the individual who is both the authorized Contest registrant and, if available, the Authorized Email Account Holder of the Member who registered to participate in the Contest. “Authorized Email Account Holder” is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address.

Except as otherwise stated herein, any personal information about a Member collected in connection with the Contest shall be used and disclosed pursuant to the Privacy Policy of SparkAction. By entering the Contest, a Member expressly agrees to receive email notifications from SparkAction regarding the status of the Contest. Unless such Member indicates that he or she does not wish to receive email from SparkAction, such Member may also receive ongoing e-mail communications from SparkAction regarding SparkAction’s products, services and activities as well as other information that SparkAction believes may be of interest to the Member.

SECTION 9: LIMITATIONS OF LIABILITY AND RELEASE

By participating, making a Submission and/or voting in a Contest, a Member agrees to be bound by these Official Rules, and such Member waives any right to claim ambiguity in the Contest or these Official Rules. Neither SparkAction nor any other Contest Party shall be responsible for lost, late, or misdirected Submissions.

No liability or responsibility is assumed by any Contest Party or any of their respective parent companies, subsidiaries, affiliates, successors, assigns, advertising and promotions agencies, and their respective employees, agents and contractors (“Released Parties”) resulting from any Member’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the SA Website in whole or in part for any reason; traffic congestion on the Internet or the SA Website; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. None of the Released Parties are responsible for any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on the SA Website. Use of the SA Website is at the user’s own risk.

None of the Released Parties is responsible for any death, personal injury or property damage or loss of any kind which may be sustained by any Member or third party from participation in the Contest, use of the SA Website, or the downloading of any information from the SA Website. By making a Submission or voting in the Contest, each Member releases and agrees to hold harmless each of the Released Parties from and against any and all claims, damages or liabilities arising from or relating to such Member’s participation in the Contest, including, without limitation, death, personal injury or property damage. By accepting the Prize, the winner of a Portion of the Contest agrees that the Released Parties shall not be liable for any death, loss or injury resulting from participation in such Contest, or the acceptance or use of the Prize. None of the Released Parties shall be liable in the event that any portion of the Contest is cancelled for any reason, including, without limitation, a lack of significant participation, as determined by SparkAction, in its sole discretion.

None of the Released Parties shall be liable for any dispute between collaborators arising under or related to the Contest, including, without limitation, the distribution of the Prize within a group of collaborators. In the event of a dispute between collaborators or regarding the identity of a Member that cannot be resolved to SparkAction’s satisfaction, the affected Member (and his or her Submission) may be deemed to be ineligible to participate in the Contest.

By entering the Contest, each Member agrees that any and all other disputes, claims, actions and causes of action arising out of or connected with this Contest or the prizes awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court of competent jurisdiction sitting in Washington, District of Columbia. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or punitive damages, and in no event attorneys’ fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to all the Members.

NO LIABILITYAGAINST RELEASED PARTY IN ANY MANNER OR BY ANY MEMBER.  AS A CONDITION OF PARTICIPATION, YOU WAIVE THE RIGHT TO SUE OR BRING ANY CLAIM AGAINST THE RELEASED PARTY RELATED TO THE CONTEST.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SA WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION. SHOULD SUCH AN ATTEMPT BE MADE, SPARKACTION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

SECTION 10: INDEMNIFICATION

Each Member agrees to indemnify, defend and hold the Released Parties harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the Member’s participation in the Contest, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation. Each Member agrees to release and indemnify and hold harmless each of the Released Parties from and against any and all claims that any Submission, advertising, promotion, presentation, website content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties (individually or collectively) infringes on the rights of such Member as contained in any Submission or otherwise.

SECTION 11: TERMINATION, CANCELATION OR MODIFICATION OF CONTEST

If for any reason the Contest is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, SparkAction reserves the right, in its sole discretion, to cancel, modify or terminate the Contest.

SECTION 12: THIRD PARTY SITES

Links to non-SparkAction sites may be provided or referenced through materials on the SA Website and are provided solely as pointers to information on topics that may be useful and SparkAction has no control over the content on such non-SparkAction sites. If any Member chooses to link to or visit a site not controlled by SparkAction, SparkAction makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does SparkAction warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. SparkAction does not guarantee the authenticity of documents on the Internet. Links to non-SparkAction sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

SECTION 13: SPARKACTION TRADEMARKS

"SparkAction” and the SparkAction logo are trademarks of SparkAction. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

SECTION 14: WAIVERS

Any waiver of any obligation hereunder by SparkAction does not constitute a general waiver of any obligation in favor of the Members.

SECTION 15: SEVERABILITY

If any provision of these Official Rules shall be deemed to violate any federal, state or local law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.

SECTION 16: GOVERNING LAW AND VENUE

The interpretation and enforcement of these Official Rules shall be governed by the laws of Washington, District of Columbia, USA, except to the extent required to be governed by the local law in the place of residence of a Member. Any action brought in connection with the Contest shall be heard and determined only in either a federal or state court sitting in Washington, District of Columbia, and by making a Submission or voting in the Contest, each Member agrees to the exclusive jurisdiction of such courts. The Contest is subject to all applicable national, federal, state and local laws.

SECTION 17: HEADINGS

The section headings contained in these Official Rules are solely for the purpose of convenience and shall be deemed a part of these Official Rules.

SECTION 18: SPARKACTION ADDRESS

SparkAction, managed  by the Forum for Youth Investment, 7064 Eastern Ave NW, Washington, DC 20012

©SparkAction. All Rights Reserved.

 

 



 

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