IWitness Video Challenge

Challenge Rules and Regulations for “IWitness Video Challenge″

OFFICIAL RULES:

NO CONTRIBUTION OR PURCHASE NECESSARY TO ENTER.
DEADLINE FOR SUBMISSIONS IS MAY 8, 2015 at 11:59PM PACIFIC TIME.
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS) AND CANADA

1. SPONSOR: USC Shoah Foundation – The Institute for Visual History and Education and IWitness (“Sponsor”).

2. TERMS: The “IWitness Video Challenge” (“Challenge”) begins September 10, 2014 at 12:00AM Pacific Time and ends May 8, 2015 at 11:59PM Pacific Time. The judging period for the Challenge is between May 9, 2015 and June 5, 2015. Regional winners will be announced on the IWitness website on May 29, 2015. The national winner will be announced on the IWitness website on June 5, 2015. By submitting an entry and accepting the terms herein, each Educator Entrant (“Entrant”) agrees to be bound by the following rules (“Official Rules”) and warrants that his or her entry complies with all requirements set out in these Official Rules. Each Entrant may enter one student video (‘Video’) from the IWitness Group/class to participate in the Challenge. The Video must be completed by a middle or high-school student or team of students (“Participant”).

By entering this Challenge, each Entrant and Participant agrees to release and hold harmless USC Shoah Foundation – The Institute for Visual History and Education, and its Affiliates (as defined in the IWitness Terms of Use) and any website companies hosting and promoting the Challenge, their respective parent companies, affiliates, auxiliaries, subsidiaries, advertising and promotion agencies, and all of their officers, directors, shareholders, employees, and agents (‘Challenge Entities’) from any injury, loss, death, damage, action, claim, demand or other liability that may occur from the Entrant’s participation in this Challenge or from the acceptance, use or misuse of any prize awarded, or from attendance at any event associated with this Challenge.

U.S. law governs this Challenge.

ALL ELIGIBLE SUBMISSIONS MAY BE FEATURED ON THE SPONSOR’S WEB PAGE.

3. ELIGIBILITY: This Challenge is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) and Canada. VOID WHERE PROHIBITED BY LAW.

Entrant must be 18 years or older, a formal or informal educator, and a registered IWitness user.

If the Winning Participant is under the legal age of majority in your state of residence (“Minor”), a parent or legal guardian must submit a signed release statement declaring that they have read, understood and agree to these Official Rules and that such agreement constitutes their acceptance of these Official Rules on your behalf. Release statements will be provided by the Sponsor.

Sponsor employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Challenge Entities are not eligible to enter.

The Sponsor reserves the right to verify eligibility qualifications of any winner.

4. HOW TO ENTER: No contribution or purchase is necessary to enter. Enter online between 12:00AM Pacific Time September 10, 2014 and 11:59PM Pacific Time May 8, 2015. Limit one (1) entry per Participant. Multiple entries, if discovered, will be disqualified.

Each Challenge entry consists of a Video submission of 4 minutes or less, completed by a Student Participant using the IWitness Video Challenge Activity and selected by the Educator Entrant from his/her IWitness group/class.

5. CONDITIONS OF ENTRY: By entering, Entrants and Participants agree to comply with these Official Rules, including all eligibility requirements.

All video submission entries must be 4 minutes in length or less. Any entry longer than 4 minutes will be disqualified.

All entries submitted as part of the Challenge shall become the property of the Sponsor. The submission shall constitute an assignment of the copyright and all other rights of the entry to the Sponsor.

Besides agreeing to IWitness Terms of Use , Participants may be asked to certify ownership of or provide releases to use the content in an entry video or provide the written consent of individuals pictured in an entry video. Failure to provide these permissions may result in disqualification.

Specifically, if the video contains any material or elements that are not owned by the Participant and/or which are subject to the rights of third parties, and/or if any persons appear in the video, the entrant is responsible for obtaining, prior to submission of the video, any and all releases and consents necessary to permit the exhibition and use of the video in the manner set forth in these Official Rules. If any person appearing in any video is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release.

If Participants add music to their video entry from outside IWitness, it is their responsibility to respect the copyright rights of others, and to follow the ethical editing guidelines in the Sponsor’s video, Editing Basics and Ethics for IWitness Users (viewable on your Dashboard. While some use of copyright protected work may be considered a “fair use” (and not a copyright infringement), determining fair use is complex. A video project may be a fair use in one situation, but not when used in another context. The best way to avoid uncertainty is to use music that is “cleared” or licensed for your intended use. The music the Sponsor has provided within IWitness has been licensed from junedaymusic.com, and we encourage you to use it.

Upon Sponsor’s request, each Participant must be prepared to provide, within seven (7) days of notification, a signed release from all persons who appear in the video submitted, and/or from the owner of any material that appears in the video entry, authorizing Sponsor and the Sponsor’s licensees to reproduce, distribute, display, and create derivative works of the entry in connection with the Challenge and promotion of the Challenge, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Challenge and selection of an alternate winner.

Challenge Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention.

To enter, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by the Challenge Entities for the purposes of entry tracking.

Entry will be deemed to have been submitted by the authorized account holder of the email address from which the entry is made. The Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries.

The entry must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

Incomplete entries may be declared void.

6. DETERMINATION OF THE WINNER: Educator Entrants will determine one winning video entry per IWitness Group/class they moderate and will submit that video entry to the Sponsor for regional judging. Every eligible entry submitted will be included in the Challenge. USC Shoah Foundation – The Institute for Visual History and Education and its affiliates will review all submissions and, in its sole discretion, choose one finalist per region from the submissions received. Regions are as follows: Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont Region II: New Jersey, New York, Pennsylvania Region III: Delaware, District of Columbia, Maryland, Virginia, West Virginia Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, Texas Region VII: Iowa, Kansas, Missouri, Nebraska Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming Region IX: Arizona, California, Hawaii, Nevada Region X: Alaska, Idaho, Oregon, Washington Region XI: Canada

The eleven regional finalist entries will then go to a national panel where the winner (‘Winner’) will be selected. The decision of the National Judging Panel and the USC Shoah Foundation is final.

The Sponsor will notify the Entrant of the winner via the email address provided by the Entrant on the sign up form. Failure to provide an accurate, working email account through which the Sponsor can contact you will disqualify you from receiving the Challenge prize.

Odds of winning depend on the number of eligible entries received.

Where permitted by law, the Winner (in the case of a Minor, with their Parents/Guardian signature) agrees to grant and assigns to the Sponsor and the Sponsor’s Affiliates, licensees and auxiliaries, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by the Sponsor.

Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Official Rules; and while not obligated to do so, the Sponsor may in its sole discretion, bear such reasonable costs and expenses for Winners or potential Winners to appear for a presentation or other activity.

7. PRIZES: One (1) national Winner will receive an all-expense-paid trip with one parent or guardian, and his/her teacher, to screen their video at the USC Shoah Foundation in Los Angeles. If the winning entry is from a team video project, one student representative may need to be selected by the Educator to represent the team in Los Angeles.

The prize package has no cash redemption value. Any federal and state taxes on the prize are the sole responsibility of the Winner. No substitution or transfer of prizes is permitted, except at the sole discretion of the Sponsor.

8. RIGHT TO CANCEL OR SUSPEND CHALLENGE: The Sponsor reserves the right to modify, suspend, or terminate the promotion in whole or in part by giving such notice, in any form and manner it deems appropriate.

9. GENERAL CONDITIONS: Potential Winners will be required to sign and return, within seven (7) days of notification, any applicable documents sent by the Sponsor related to the Challenge, which may include but are not limited to a letter of prize acceptance, waiver of liability, an affidavit of eligibility and, where legally permissible, a publicity release, warranty of ownership and license in which the entrant warrants that he/she is the owner of the video entry (and all the intellectual property rights in the video entry submitted) and grants to Sponsor the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Challenge and promotion of the Challenge without additional compensation. For the purposes of these Official Rules, the Entrant will be deemed to be in receipt of the Sponsor’s request or notification on the day that the email was sent by the Sponsor.

NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.

By accepting a prize, the Winner agrees to release and hold harmless the Sponsor, their Affiliates, auxiliaries, subsidiaries, licensees, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Challenge-related activity, or participation in this Challenge.

IN NO EVENT WILL THE SPONSOR, ITS AFFILIATES, AUXILIARIES, SUBSIDIARIES, AND OR LICENSEES, AND RELATED COMPANIES, THEIR SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE CHALLENGE, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

The Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or web site; to be in violation of the Terms of Service of the Sponsor’s web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries using robotic, automatic, macro, programmed, or other like entry methods will be voided.

Multiple participants are not permitted to share an email address. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Challenge at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.

10. COLLECTION OF INFORMATION: Entrants agree that personal data, especially name and email address, may be processed, shared, and otherwise used for the purposes and within the context of the Challenge and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the Entrant’s identity or to otherwise verify the Entrant’s eligibility to participate in the Challenge.

Challenge Entities will not sell, rent or otherwise transfer this information to any third party, nor will the Sponsor use this information for marketing purposes, other than as outlined in “Conditions of Entry” and “Determination of the Winner,” without your consent.

As stated above, the Challenge is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit an entry, the Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entry following the conclusion of the Challenge.

11. DISPUTES: As a condition of participating in this Challenge, Entrants and Participants agree that any and all disputes which cannot be resolved and causes of action arising out of or connected with this Challenge, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Challenge), and Entrant further waives all rights to have damages multiplied or increased.

12. WINNERS’ LIST: The National Winner’s name will be available online at http://iwitness.usc.edu/SFI/ after June 5, 2015. Or send an email requesting the information to iwitness@usc.edu. Include the words “IWitness Video Challenge Winner” in the subject line.