PUBLIC VOTING CONTEST RULES
Terms and Conditions for the Public Voting Contests:
PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. OPEN ONLY TO INDIVIDUALS AGED 4 TO 18 AS OF MAY 1, 2017, AND IS NOT OPEN TO RESIDENTS OF CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA, THE CRIMEA REGION, OR ANY OTHER UNITED STATES SANCTIONED COUNTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. APPLICABLE PROVISIONS IN THE CHALLENGE RULES SHALL APPLY HEREIN.
The public voting contests (“Public Voting Contests”) are created and sponsored by Project Paradigm (“Sponsor” or “Project Paradigm”), 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064. By participating in Public Voting Contests and/or using this website, you agree to the Project Paradigm Terms, which are available at www.projectparadigm.org (the “Site”) and hereby incorporated by reference, and that your participation will be governed by, and you shall abide by, all of the following rules (the “Contest Rules”) outlined herein.
The Public Voting Contests are open only to individuals who: (a) will be aged 4 to 18 years old on May 1, 2017; (b) have their parents’/legal guardians’ permission to participate in The Challenge; and (c) are NOT residents of Cuba, Iran, North Korea, Sudan, Syria, the Crimea Region, or any other United States sanctioned country.
Sponsor, in its discretion, may require persons who participate in the Public Voting Contests (collectively, “Participant” or “Participants”) to provide verification of eligibility. The following individuals are not eligible to enter or win the Public Voting Contests or participate in the public voting: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of Project Paradigm, Skild, Sensis Agency, and File Mobile, and anyone involved in the administration of The Paradigm Challenge (the “Challenge”) (including judges), the Public Voting Contests, or The Paradigm Challenge Ambassador Program (“Ambassador Program”), and any member of the immediate family (i.e., a child or grandchild) or household of any of the foregoing individuals. Winners of previous Public Voting Contests are eligible to win future Public Voting Contests.
Unless otherwise stated on the Site, each Public Voting Contest will begin on first business day of each month in which there is a new Public Voting Contest and ends at 11:59 p.m. PST on the last day of each such month (the “Contest Period”). Unless otherwise stated on the Site, the final Public Voting Contest will be end at 11:59 p.m. PST on August 30, 2017.
- How to Participate: To register, visit the Site during a Contest Period and follow the registration instructions.
- Multiple Entries: Participants are permitted to submit multiple entries during a Contest Period. Participants who submit multiple entries are eligible to win more than one cash prize.
- How To Enter: To enter, visit the Site during a Contest Period and follow the instructions, which are available on the Site. All Entries (as defined below) must be in the English language and must be completed and received in their entireties by Sponsor via the Site before the end of the Contest Period. Proof of submission is not proof of receipt. Sponsor’s computer will be the official clock for the Public Voting Contests. Sponsor reserves the right not to acknowledge or return any Entry. Each Entry must include the following (collectively, an “Entry”): (a) Participant’s first name, last initial, month and year of birth, and email (if the Participant is under 13 years old, the email of a parent or guardian must be provided); and (b) uploaded file. The submission of an Entry in a Public Voting Contest shall not constitute an entry into The Challenge or any other Public Voting Contest.
Each Participant must comply with all of the following content restrictions:
- The Entry MUST NOT contain the Participant’s last name, address, social security number, or other federal or state identification number.
- The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, patent, intellectual property-related rights, or property-related rights;
- The Entry must not disparage Sponsor or any other person or party affiliated with the promotion or administration of The Challenge, the Public Voting Contests, or the Ambassador Program;
- The Entry must not contain footage, images, or artwork not created by the Participant unless the entrant has obtained all rights necessary to include such footage, images, or artwork as part of an Entry to the Public Voting Contest;
- The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Entry must not contain material that is in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created; and
- The Entry must not show experimentation with dangerous materials or items in any manner whatsoever.
Sponsor is not responsible for, and the Participant specifically releases Sponsor and each of its successors and assigns, and each of its trustees, officers, directors, employees, and agents (all of the foregoing, the “Sponsor Parties”), Skild, Sensis Agency, File Mobile, and members of The Challenge coalition from any claims or liability relating to, any loss or damage to the Entry. By entering, the Participant represents and warrants that (a) the Participant has the exclusive, unconditional right, and authority to submit the Entry to Sponsor and to grant the rights set forth herein and (b) the Entry complies with these Contest Rules in full. Entries must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to its mission. Sponsor reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines, to make such changes to any Entry as are necessary to make it compliant, or to require the Participant to do so.
INITIAL REVIEW AND SELECTION FOR PUBLIC VOTING
Project Paradigm and/or members of its coalition, or their designee, will review the entries for eligibility to participate in the public voting for the Public Voting Contests.
Please note that this initial review is not a final determination of eligibility or compliance with these Contest Rules.
If a top ten vote-getter is older than 18 years old as of May 1, 2017, the Participant will be disqualified.
The 10 qualifying Entries that receive the most qualifying votes will receive the following cash awards:
A “qualifying Entry” is an Entry that receives a final determination of eligibility under the Contest Rules and a “qualifying vote” is a vote that is submitted online and complies with the Contest Rules.
Any attempt to use multiple or different e-mail addresses, identities, logins, or any other methods to vote more than the stated limit, or in other violation of these Contest Rules, will void that voter’s votes and that Entry may be disqualified in Sponsor’s sole discretion.
A Participant may encourage other persons to vote for his or her Entry, but Participants (and other persons) are expressly prohibited from soliciting or obtaining votes by any fraudulent or inappropriate means, which include, without limitation, offering prizes, payments, reciprocal votes, or other inducements of any kind, or participating in voting boards, voting exchanges, voting swaps, or similar sites or methods, all as determined by Sponsor in its sole discretion. The use of any device to automate a vote also is prohibited. This includes, but is not limited to, the use of software-generated, robotic, programmed, script, macro, or other automated votes, and Sponsor reserves the right to nullify any and all such votes made by such means and to disqualify the responsible individual(s) from voting in this or in any future Public Voting Contests, or if done by the Participant or his or her family, from participating in this or any future Public Voting Contests. All voting must be done by the actual person casting the vote. A person may not vote on behalf of another person. Votes intended to impact the integrity of the voting process as determined by Sponsor in sponsor’s sole discretion are void.
In the event of ties, the winners will receive an equal share of the prize(s) applicable to the rankings of the tied entries. Winners of a Public Voting Contest are eligible to submit an entry to and win a prize in The Challenge. Winners of a Public Voting Contest are not guaranteed to become Finalists or winners in the Challenge or the Ambassador Program.
ELIGIBILITY TO VOTE
Except as prohibited in Section 1 above, all people are eligible to vote. Qualified voters may vote for more than one Entry, but only once per Entry.
IDENTICAL OR SIMILAR ENTRIES
Depending on the number and nature of Entries received, Sponsor may or may not recognize the existence of any Entries that are identical or similar to Entries from the same or other Participants. Whether or not Sponsor becomes aware that Entries from two or more Participants are identical or substantially identical, the cash prizes for the Public Voting Contests will be determined based on the ten qualifying Entries that receive the most qualifying votes. If Sponsor becomes aware that a Participant submitted two or more identical or similar Entries, Sponsor may in its sole and absolute discretion disqualify one of the Entries.
ALL DECISIONS FINAL
All decisions of Sponsor and Sponsor Parties are final and binding in all respects.
WINNER NOTIFICATION AND VERIFICATION
Within 30 days following the end of a Public Voting Contest, Sponsor will notify the potential winners by using the email address provided on the Entry Form. Sponsor may in its discretion announce the name(s) of one or more potential winners on the Site or in other forms of communication, provided that no potential winner shall be certified as a winner until the potential winner and the winner’s parent or legal guardian has executed and returned all required documents, as described in this paragraph. If a potential winner is unreachable by email during a period of seventy-two consecutive hours, the potential winner may be disqualified and/or Sponsor may elect not to award the applicable prize, as Sponsor may determine in its discretion. Each potential winner and his or her parent or legal guardian will be required to complete and return an Affidavit of Eligibility, Confidentiality Agreement, Release of Liability, and, if legally permissible, a Publicity Release within five days of attempted delivery of same. Noncompliance within this time period or return of any notification as undeliverable may result in disqualification and an alternate winner may be selected. Sponsor reserves the right to conduct a background check on each of the winners. Each Participant consents to the same and shall provide whatever additional information, permission, and/or documentation is required or requested by Sponsor in connection with the same.
ADDITIONAL PRIZE INFORMATION
The total value of the cash prizes for each Monthly Contest is $1,450. Prizes that are not awarded for a Monthly Contest shall not carry over to any future Monthly Contests. All income taxes and any other applicable taxes on each prize are the sole responsibility of the recipient. An IRS form 1099 will be issued if required by law. Monthly Contest prizes consist only of the prizes expressly specified herein. Any costs or expenses associated with the acceptance or use of any prize are the responsibility of the recipient. No substitution or transfer of the right to receive any Monthly Contest prize will be allowed, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute an alternate prize.
GRANT OF RIGHTS
By submitting an Entry for a Public Voting Contest, each Participant grants to Sponsor and its designees the irrevocable, royalty-free right to publish, disseminate, and use the person’s name, likeness, and biographical information without further notice or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of The Challenge, the Public Voting Contests, and the Ambassador Program, and the promotion of Sponsor and its activities. In addition, by submitting an Entry, each Participant grants to Sponsor and its designees a nonexclusive, irrevocable, royalty-free license to reproduce, exploit, adapt, use and display worldwide, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, the Entry and all components thereof, including without limitation posting the Entry and/or components thereof on the Site (or such other on-line environments as Project Paradigm may designate), in connection with the execution and promotion of the Challenge, the Public Voting Contests, and the Ambassador Program, and the promotion of Sponsor and its activities, without further notice or compensation.
These Contest Rules shall be governed by and interpreted under the laws of the State of California without regard to conflicts of laws provisions. Participants hereby agree that any and all disputes, claims, causes of action, or controversies arising out of or in connection with the Public Voting Contests or these Contest Rules shall be resolved in arbitration, individually and without resort to collective, class, or aggregate action as set forth in the Terms, which are available on the Site. By submitting an Entry, each Participant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.
REPRESENTATIONS & WARRANTIES
Each Participant represents and warrants that he/she: (a) has the right to make an Entry as contemplated hereunder without the need of any consent of any third party; (b) will abide by these Contest Rules and all applicable laws and regulations; and (c) is under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict registering or making an Entry or becoming a prize winner as outlined herein.
By registering and/or submitting an Entry, each Participant agrees to indemnify, hold harmless and defend the Sponsor and the Sponsor Parties, Skild, Sensis Agency, File Mobile, Challenge judges, and the members of The Challenge coalition from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the registration, participation, and entry in the Public Voting Contests, any use of the Entry, and/or the exercise by Sponsor of any rights granted to it herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Entry. Notwithstanding anything herein to the contrary, in the event of any claim by a third party affecting or relating to the Entry, Sponsor shall have, in addition to any other rights available to it, at law or in equity, the right to immediately revoke any prize.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SPONSOR, THE SPONSOR PARTIES, SKILD, SENSIS AGENCY, FILE MOBILE, CHALLENGE JUDGES, OR ANY MEMBER OF THE COALITION FOR THE PARADIGM CHALLENGE BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE OF CLAIMS
By submitting an Entry, each Participant releases the Sponsor, the Sponsor Parties, Skild, Sensis Agency, File Mobile, Challenge judges, and the members of the coalition for The Paradigm Challenge from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with participation in the Public Voting Contests, any use of the Entry and/or the exercise by Sponsor of any rights granted to it herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the team’s Entry and claims for injury, loss or damage of any kind resulting from the team member’s participation in the Public Voting Contests or acceptance or use of any prize.
NO LIMITATION ON EXPLOITATION OF MATERIALS
Each Participant acknowledges that the Sponsor engages and has engaged and will in the future engage in the development, preparation, production, acquisition, and dissemination of creative, educational, artistic, and other material (collectively, the “Materials”), including without limitation Materials that are similar or identical to a team member’s Entry. Each Participant also acknowledges that other persons, including employees of Sponsor, may previously have originated and/or submitted to Sponsor or to others, and may hereafter originate and/or submit, Materials that are similar or identical to the Participant’s Entry. Each Participant agrees that it will not be entitled to any compensation because of the use by Sponsor of any such similar or identical material. Without limitation of the foregoing, Sponsor may use, without any payment or other obligation whatsoever to any Participant, any part of the Materials, and any idea or concept contained therein, that (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by Sponsor before or at the time of the Participant’s Entry, (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission to Sponsor or otherwise is in the public domain, (d) would be freely usable by a third person if it had not been accepted as an Entry or the subject of any agreement, (e) is not protected by United States copyright law, or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by Sponsor or any third party. By registering and/or submitting an Entry, each Participant agrees that Sponsor’s development, preparation, production, acquisition, dissemination, and/or exploitation of Materials similar or identical to the Participant’s Entry or containing features, ideas, material and/or elements similar to or identical with those contained in the Participant’s Entry shall not entitle the Participant to any compensation or other right or remedy whatsoever. As an inducement to Sponsor to accept the Participant’s Entry into the Public Voting Contests, each Participant hereby waives any claim or right of action against Sponsor Parties or their successors in connection with the Sponsor Parties’ use of any Materials (or any portions thereof) whether or not such Materials are similar or identical to a Participant’s Entry or contain any features, ideas, material, and/or elements that are similar or identical to those contained in a Participant’s Entry. Acceptance by Sponsor of an Entry is not an admission by Sponsor of the novelty or originality of the Entry.
All federal, state, and local laws and regulations apply. Sponsor reserves the right in its sole discretion to disqualify any individual who violates these Contest Rules, tampers with the entry process, and/or acts in any way that would, in any way, discredit or harm the reputation of Sponsor, and/or to cancel, modify, or suspend the Public Voting Contests if a Participant engages in fraud or misconduct or other conduct beyond the control of Sponsor which corrupts the administration, integrity, security, or proper operation of the Public Voting Contests. Without limitation of the foregoing, Sponsor reserves the right to terminate, modify, or suspend the Public Voting Contests due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential production, or technical personnel to appear or be available; or other cause beyond its control. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of Entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of the Public Voting Contests is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Public Voting Contests, or in the announcement of the prizes. These Contest Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend the Public Voting Contests for any reason, in Sponsor’s sole discretion. All notices shall be in writing and shall be delivered to Participant in accordance with instructions contained on the Registration Form. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor’s failure to enforce any provision of these Contest Rules shall not constitute a waiver of any provision contained herein. The titles of Sections of these Contest Rules are for convenience only and shall not be given any legal effect. The word “including” is used in these Contest Rules to mean “including but not limited to.
LIST OF WINNERS
For the names of the winners of any Public Voting Contest, which will be available 60 days after the end of each Contest Period, send a self-addressed and stamped envelope marked “THE PUBLIC VOTING CONTEST WINNERS LIST REQUEST” to Project Paradigm, 11301 West Olympic Boulevard, Suite 306, Los Angeles, CA 90064. Please be sure to indicate the particular Public Voting Contest in which you are interested.