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Rules

2016 Innovate to Educate Awards

OFFICIAL RULES (“Rules”) – THE ESCHOOL NEWS AND XIRRUS INNOVATE TO EDUCATE AWARD PROGRAM (“AWARD PROGRAM”) IS OFFERED IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) (“AWARD PROGRAM REGION”). THE AWARD PROGRAM IS VOID OUTSIDE THE AWARD PROGRAM REGION AND WHEREVER PROHIBITED BY LAW. THE AWARD PROGRAM SHALL BE CONSTRUED AND EVALUATED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. THE AWARD PROGRAM IS OPEN SOLELY TO SCHOOLS OR SCHOOL DISTRICTS LOCATED IN THE AWARD PROGRAM REGION, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW. (HOME SCHOOLS ARE EXCLUDED.) THE PERSON SUBMITTING THE ENTRY ON BEHALF OF THE SCHOOL OR SCHOOL DISTRICT (“ENTRANT”) MUST BE 21 YEARS OF AGE OR OLDER, A LEGAL RESIDENT OF, AND CURRENTLY RESIDING IN, ONE OF THE 50 UNITED STATES OR D.C., AND BE EMPLOYED FULL OR PART-TIME OR VOLUNTEERING AS AN EDUCATOR, ADMINISTRATOR OR LIBRARIAN IN THE SCHOOL OR SCHOOL DISTRICT ON WHOSE BEHALF THE ENTRY IS BEING SUBMITTED. ALL ENTRANTS MUST HAVE AN ACTIVE AND VALID EMAIL ADDRESS AT TIME OF ENTRY, AND MUST SUBMIT THEIR ENTRY AT WWW.ESCHOOLNEWS.COM/INNOVATE-TO-EDUCATE OR THROUGH THE INNOVATE TO EDUCATE FACEBOOK PAGE AT WWW.FACEBOOK.COM/ESCHOOLNEWS  OR   WWW.WOOBOX.COM/AGIPWZ . BY ENTERING, YOU REPRESENT THAT YOU HAVE READ THESE RULES AND ALL APPLICABLE WEB SITE POLICIES AND/OR TERMS OF USE, AND THAT YOU AGREE TO ABIDE BY AND BE BOUND BY ALL OF THEM.

A PURCHASE OR PAYMENT OF ANY KIND IS NOT REQUIRED AND WILL NOT INCREASE YOUR CHANCES OF WINNING.

This AWARD PROGRAM is sponsored solely by Xirrus (“Sponsor”) and is being administered by eSchool News (“Administrator”). Sponsor and Administrator shall be referred to, collectively, as the “AWARD PROGRAM Entities”.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Woobox, Twitter, YouTube or Instagram. You are providing your entry to eSchool Media Inc. and Xirrus, Inc. and not to Facebook, Woobox, Twitter, YouTube or Instagram. By participating in this promotion you agree to a complete release of Facebook, Woobox, Twitter, YouTube or Instagram from any claims.

1. Eligibility: The AWARD PROGRAM is open to Schools and School Districts located in the AWARD PROGRAM Region. The person submitting the Entry on behalf of the School or School District must at the time of entry: (A) be living in the AWARD PROGRAM Region; (B) be 21 years of age or older; (C) have an active and valid email address; (D) be employed either full time or part-time, or be volunteering as an educator, administrator or librarian in a School/School District in the AWARD PROGRAM Region; and (E) be authorized by their School/School District to enter the AWARD PROGRAM. (Home schools are excluded.) Employees, officers and directors of AWARD PROGRAM Entities, their respective parent companies, affiliates, subsidiaries, agents, promotion, marketing and advertising agencies, and members of the immediate families (defined for these purposes as including spouses, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren, aunts and uncles, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above persons, are NOT eligible to participate in this AWARD PROGRAM or to receive any prize. In addition, AWARD PROGRAM judges and their respective school districts and/or educational institutions are not eligible to participate or to receive any prize. Names of judges will be posted on the Innovate to Educate website: http://www.eSchoolNews.com/innovate-to-educate (the “Site”) on June 27, 2016, and include the following: Dirk Gates, Founder and Executive Chairman, Xirrus; Clifford Russell, CIO, Morehouse College; and Laura Devaney, News Director at eSchool Media Inc. Proof of eligibility may be required. LIMIT ONE ENTRY PER INDIVIDUAL SCHOOL. HOWEVER, MORE THAN ONE ENTRY MAY BE SUBMITTED FOR A NAMED SCHOOL DISTRICT.

As used in these Official Rules, the terms “you” and “entrant” refer to an eligible person who submits an entry (hereinafter referred to as an “Entrant”) on behalf of a School or School District in accordance with these Rules.

2. Agreement to Rules: By participating in the AWARD PROGRAM, you fully and unconditionally agree to abide by, be bound by, and accept these Rules and the decisions of the judges, Sponsor and Administrator, which shall be final and binding in all matters related to the AWARD PROGRAM. Whether or not you receive a prize is contingent upon fulfilling all requirements set forth in these Rules, being chosen as a potential winner through the voting and judging processes described in these Rules, and having your eligibility confirmed by the Administrator.

3. AWARD PROGRAM Entry Period: The AWARD PROGRAM entry period begins June 27, 2016 at 12:00:01 a.m. Eastern Time (“ET”) and ends on October 14, 2016 at 11:59:59 p.m. ET (“Program Entry Period”). Voting will begin October 17, 2016 at 12:00:01 a.m. Eastern Time (“ET”) and ends on October 31, 2016 at 11:59:59 p.m. (ET), during which Entries will have a chance to win a “Community Choice” award (as described more fully in Rule 9 (A) below).

All qualified Entries received throughout the entire Program Entry Period (including qualified winners of Community Choice awards) will be included in the judging for the Grand Prize.

4. AWARD PROGRAM Objective: The AWARD PROGRAM is an opportunity for educators to highlight examples of an innovative technology initiative in their School/School District and how it improved teaching and learning in your school/district. The project should demonstrate exemplary educational technology innovation – effectively advancing education. By submitting an Entry showcasing the innovation and the results of same, it is the Sponsor’s hope that other Schools and School Districts will be able to gain best practices and ideas for implementing a successful technology initiative in their School or School District.

5. How to Enter:

All Entries are subject to and must comply with these Rules or they will be disqualified.

(A) Select an already-completed project within your School/School District that showcases successful ed-tech innovation as described in Rule 4: AWARD PROGRAM Objective.

To be eligible for a Community Choice Award or the Grand Prize, Entrant must:

i. Entry Form: Complete a Innovate to Educate entry form (“Entry Form”) accessible on the Educate to Innovate Facebook page at www.facebook.com/eschoolnews  or www.woobox.com/agipwz or through the Innovate to Educate Entry Page at www.eschoolnews.com/innovate-to-educate. Entry Form must be completed in its entirety and submitted by the entry deadline stated in Rule 3: AWARD PROGRAM Entry Period.

ii.Video: Create, in accordance with the requirements and restrictions contained in these Rules and Entry Form, an original, self-produced/self-created video (90 seconds or less in length recommended) that shows/explains the innovative ed-tech initiative in your School or School District (as described more fully in Rule 4, above). Videos must be uploaded to YouTube or Instagram, and once you receive confirmation that your video has been processed, that dedicated link must be included in the appropriate field in the Entry Form. The video will then be posted for voting.

iii. Photo: Create, in accordance with the requirements and restrictions contained in these Rules and Entry Form, an original photo that shows the innovative ed-tech initiative in your School or School District (as described more fully in Rule 4, above).

NOTE:  If your Entry is chosen as a potential winner, you will be required to send your native files to Sponsor and/or Administrator. Details of where to upload your native files and the date by which you are to do so will be provided upon notification that you are a potential winner.

vi.Essay Responses: Provide essay responses (up to 75 words for each recommended) for the designated items on the Entry Form.

v. Social Media Voting for the Community Choice Entries: Obtain as many votes on the Innovate to Educate Facebook page, www.facebook.com/eschoolnews or www.woobox.com/agipwz within the voting timeframe: between 9:00:01 am (ET) on October 17, 2016 and 11:59:59 pm (ET) on October 31, 2016 for the Community Choice entries. Only votes collected on the Innovate to Educate Facebook page will count towards determining the winner.

Requirements for AWARD PROGRAM Entries:

vi. Videos: recommended length 90 seconds or less, and  must be in English only.

vii. Essay/text answers on the Entry Form must be completed on the Innovate to Educate Facebook page or eschoolnews.com/innovate-to-educate website in English only, and may not contain more than the maximum number of words listed on the Entry Form for each question, as measured by the Sponsor, Administrator or the official AWARD PROGRAM judges in their sole discretion.

viii. Entries must not violate third-party rights including, but not limited to: copyrights, including music copyrights, trademark, and rights of publicity and privacy and any other proprietary rights, and must not use any third-party trademarks, company names or logos without express, written consent of the rights holder. Proof of such consent may be required by the Sponsor at any time and in any manner it deems reasonable and necessary.

ix. Entries must not contain any confidential information.

x. Entries must not include any personally identifiable information about any individual, such as last name, address, phone number, email address, contact information, etc., without getting the person’s (or the person’s parent’s or legal guardian’s, if person is a minor) prior to written consent. Proof of such consent may be required by the Sponsor at any time and in any manner it deems reasonable and necessary.

xi. Entries must NOT include third parties/individuals who have not expressly authorized you, in writing, to mention them or display their image, likeness, or voice in the Entry or otherwise use such image, likeness, or voice in accordance with these AWARD PROGRAM Rules. Third Parties include but are not limited to celebrities, friends, relatives, and minors for whom you have not obtained prior parental consent in writing. You must be able to provide on request all appropriate clearances, permissions, and releases for your Entry, including releases from all persons appearing or mentioned in the Entry, and location releases for all recognizable locations. In the event an entrant cannot provide all required releases, clearances, or consents, the Administrator and Sponsor reserve the right, in their sole discretion, to disqualify the applicable Entry.

xii. xii. Entries must be the Entrant’s and his/her School’s/School District’s own, original work, and the sole property of the School/School District. If an Entry was previously published in print, broadcast, or other media, or displayed publicly outside of this AWARD PROGRAM, you may submit it in this AWARD PROGRAM provided you have the right to do so in accordance with the terms of its prior publication/display/submission(s). Modifying, enhancing or altering another person’s pre-existing work does not qualify as an Entrant’s original work and is not eligible.

(B) The computer clock of the Administrator is the official time-keeping device of the AWARD PROGRAM. Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to submit an Entry. All Entries must be submitted online in accordance with these Rules. No other method of entry into this AWARD PROGRAM will be permitted. Entries will not be returned or acknowledged except as stated in these Rules.

(C) Upon successful completion of the entry process, your Entry will be entered in the AWARD PROGRAM, and your Entry may be posted on the Site and/or on the AWARD PROGRAM Facebook page (provided it is deemed compliant with these Rules) for viewing and voting by the general public (see voting details in Rule 9 (A), below).

Entries will be deemed made by the account holder of the email address who uploaded the Entry, as identified at the time of Entry. However, only the School/School District on whose behalf the Entry was submitted will receive a prize in the event an Entry is determined to qualify for a prize in accordance with these Rules. Individuals who submit Entries are not eligible to receive a prize.

Sponsor reserves the right to disqualify any Entry it feels, in its sole discretion, does not comply with these Rules (including but not limited to the content restrictions contained in Rule 6, below) or that would be considered to be offensive to the viewing public, damaging to the Xirrus brands or unsuitable for publication.

You may withdraw your Entry at any time. To withdraw your entry, please send an email to jbudai@eschoolmedia.com with the subject line “Withdraw Innovate to Educate Entry”. Once an Entry is withdrawn, any votes it may have received will be deemed void and will not qualify the Entry for a potential prize. However, you may thereafter submit another Entry or re-submit your original Entry in accordance with these Rules.

6. Content Restrictions for Entries: Entries may NOT include content that:

(A) provides personally identifiable information about the Entrant or any other person, such as last name, address, phone number, email address or any contact information without first obtaining such person’s (or his/her parent’s or legal guardian’s, if the person is a minor) written consent;

(B) violates third-party property rights including, but not limited to: copyrights (including copyrighted music), trademark, right of publicity or privacy or any other proprietary rights;

(C) involves libelous, defamatory, disparaging, tortuous or slanderous materials;

(D) involves pornography, adult-oriented or sexually-explicit behavior;

(E) portrays lotteries or gambling;

(F) involves explicit or offensive language or content;

(G) involves violence;

(H) portrays imitations of people or characters from movie/shows, etc;

(I) portrays discrimination;

(J) promotes illegal activities;

(K) involves tobacco, alcohol or drugs;

(L) portrays dangerous stunts;

(M) portrays weapons of any kind including, but not limited to, guns, bombs, or knives;

(N) promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state, provincial, territorial or local law, ordinance, or regulation;

(O) denigrates, disparages or reflects negatively on the Sponsor, or its products, services or employees, or on any other person, company, product, or service; or

(P) is unlawful or contrary to the laws or regulations in the jurisdiction in which the Entry was created.

If an Entry includes any of the prohibited elements listed above, the Entry will be disqualified, along with the Entrant who submitted it. The above list is not intended to be exhaustive (see Rule 5, above).

7. Rights Granted by Entrants: By entering this AWARD PROGRAM, you agree:

to grant the Sponsor, Administrator and their respective licensees, successors and assigns a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, perform and display your Entry, in whole or in part, publicly or privately, on a worldwide basis, for future advertising, trade, promotion and publicity, and to incorporate the Entry or any portion thereof into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites for any legal purpose whatsoever without compensation and without additional notice to you or any third parties and without consideration, review or approval from you or such third parties; to grant the Sponsor, Administrator and their respective licensees, successors and assigns the right to use and publish the names, likenesses, photographs, voices and images of all persons appearing or mentioned in your Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without additional notice to you or any third parties and without consideration, review or approval from you or such third parties; that your participation in the AWARD PROGRAM is gratuitous, unsolicited and without restriction, and will not place Sponsor or Administrator under any obligations other than those contained in these Rules, and that Sponsor and Administrator are free to disclose the ideas contained in your Entry on a non-confidential basis to anyone, including legal authorities, or otherwise use the ideas therein without any compensation to you or to the applicable School/School District. You further acknowledge that Sponsor and Administrator do not waive any rights to use similar or related ideas previously known to Sponsor or Administrator, or developed by Sponsor’s or Administrator’s respective employees, or obtained from sources other than you; that you and the School/School District associated with your Entry, will not now nor in the future be paid for your Entry or for granting the Sponsor or Administrator any of the rights set out in these Rules; and that Sponsor and Administrator are not obligated to make use of any of the rights granted herein.

In connection with the foregoing, each Entrant and the School/School District associated with his/her Entry agree to forever release and hold Sponsor, Administrator and their respective licensees, successors and assigns harmless from and against any liability of any kind arising from or in connection with any use of such Entry in accordance the rights set out in these Rules.

8. By entering this AWARD PROGRAM, each Entrant:

  • waives all moral rights in and to the Entry in favor of the Sponsor; and acknowledges that Sponsor has no obligations to Entrant or the applicable School/School District other than those contained in these Rules.Further, by entering this AWARD PROGRAM, each Entrant warrants and represents that s/he:
  • has not included any restricted content in the Entry (see list of AWARD PROGRAM Restrictions in these Rules);
  • has complied with all of the Entry requirements with respect to such Entry (see list of such Requirements above);
  • has not included third party content (such as, but not limited to, writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with his/her Entry without written permission of the rights holder;
  • has received written consent to submit the Entry, without claims for payment of any kind, from all persons who appear or are named in the Entry and the applicable School/School District; and
  • has read, and understands, accepts and agrees to be bound by the Administrator’s Terms of Service and Privacy Policy set out at www.eSchoolNews.com/innovate-to-educate, and Sponsor’s Privacy Policy set out at https://www.xirrus.com/privacy-policy/, as they may be amended from time to time.

Sponsor or Administrator may require any Entrant to execute documents to confirm the grant of the rights referenced in these Rules. Failure to do so may result in disqualification and prize forfeiture.

BY SUBMITTING AN ENTRY, EACH ENTRANT REPRESENTS AND WARRANTS

THAT HIS/HER ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE

RULES, AND AGREES THAT THE AWARD PROGRAM ENTITIES WILL BEAR NO

LEGAL LIABILITY REGARDING THE USE OF THE ENTRY BY THE AWARD

PROGRAM ENTITIES OR THEIR LICENSEES, SUCCESSORS OR ASSIGNS IN

ACCORDANCE WITH THESE RULES, AND THAT THE AWARD PROGRAM

ENTITIES SHALL BE HELD HARMLESS BY ENTRANT, THE APPLICABLE

SCHOOL OR DISTRICT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED

THAT THE ENTRANT, SCHOOL OR SCHOOL DISTRICT HAS NOT FULLY COMPLIED WITH ANY OF THE RULES.

9. Winner Selection Process: A maximum of three (3) winners (two (2) Community Choice Award winners and one (1) Grand Prize Winner) will be selected in a two-part process, as described below:

(A) Public Voting for Community Choice Winners: Eligible Entries will be posted for public viewing and voting on the AWARD PROGRAM Facebook page, www.facebook.com/eschoolnews  or www.woobox.com/agipwz as follows: voting for the Innovate to Educate Community Choice award will begin at 9:00:01 am (ET) on October 17, 2016 and end at 11:59:59 pm (ET) on October 31, 2016; (the “Public Voting Period”). Eligible members of the public (“Eligible Voters”) may vote for their favorite video(s) or photo(s) up to one (1) time per day per video per IP address, subject to these Rules, the terms of use of the social media page, and any voting instructions posted on the social media page. In order to be an Eligible Voter, you must be a legal resident of one of the 50 United States or D.C., and 18 years of age or older (19 or older if a resident of Alabama or Nebraska). Entrants may promote their video by “sharing” the video with other Eligible Voters. “Shares” and “likes” do not qualify as votes. Votes must be registered through the voting platform (Woobox application) available on the Facebook page, www.eschoolnews.com/facebook or www.woobox.com/agipwz  or on http://www.eschoolnews/innovate-to-educate  in order to count towards determining the winner.

Votes that do not comply in all respects with these Rules, or that result from fraud or collusion, will be disqualified and rendered void. If an Entrant is found to have engaged in fraud or collusion, in Sponsor’s, Administrator’s or judges’ opinion, the Entrant and the corresponding School/School District and Entry will be disqualified and the Entry will not be eligible to win a prize in this AWARD PROGRAM.

Other reasons for which votes may be declared void include, but are not limited to, the following:

  • multiple votes of the same video/photo are received from the same IP address on the same day;
  • votes that result from use of a redirect link, a disguised link, a fraudulent link, or similar impermissible method;
  • votes that result from a technical malfunction of servers or internet connection; and
  • technical or content upgrades that render votes incompatible or inconsistent.

Votes will be counted at the end of the voting period (November 22, 2016) and the School/School District corresponding to the Entry that has received the greatest number of valid votes each Public Voting Period will be deemed the “Community Choice Winner”. In the event of a tie, qualified judges, in their sole discretion, will judge the tied Entries based on the criteria set out in Section (B) below, to select the potential Community Choice Winner from amongst the tied Entries. Sponsor reserves the right, in its sole discretion, to select an alternate winner based on the number of valid votes received should the votes in any Public Voting Period appear to have been tampered with or manipulated in any way.

(B) Judging for the Grand Prize: Beginning on or about October 17, 2016, all Grand Prize Entries will be judged by a panel of 3 qualified judges using a rubric that employs the following criteria:

  1. Overall education vision of the project
  2. Level of innovation used to execute this project
  3. Level of innovation used to overcome challenges in this project
  4. The measurable success and impact the project had on education outcomes
  5. How well the video or picture “tells the story” of the project

Based on the judging criteria described above, each judge will review the Entries and assign points according to the rubric. The Entries with the highest overall score from the judges will be chosen as semi-finalists. The judges may choose as many as five (5) semi-finalists or as few as two (2) semi-finalists depending on the quantity and (in their opinion) quality, of the Entries. The panel of judges will then review the semi-finalist Entries and re-score those Entries using the rubric, and the School/School District named in the one (1) Entry that receives the highest overall score will be declared the potential Grand Prize winner (subject to verification). In the event of a tie, the judges will collaborate to determine the Grand Prize winner based on the criteria set forth above. If the potential Grand Prize winning Entry or the corresponding School/School District is deemed ineligible, the Entry will be disqualified and the Grand Prize will then be awarded to an alternate winning School/School District chosen from among the other semi-finalists on the basis of the judging results. The potential Grand Prize winning School/School District will be notified on or about November 15, 2016, and once all requirements have been met, and eligibility is confirmed, will be declared the Grand Prize winner. The Grand Prize winner will be announced publicly on or about November 15, 2016.

The confirmed Community Choice award winners’ and Grand Prize winner’s names may be posted on the Site and will be available by mail upon written request, as described below.

10. Prizes: Three (3) Prizes will be awarded as follows:

Two (2) Community Choice Prizes. Each winning School/School District will be recognized with a Success Story and an “Innovate to Educate Community Choice Winner” icon for posting online.

One (1) Grand Prize. The winning School/School District will be given the Innovation Showcase Prize including a featured story in eSchool News Magazine; a professionally produced Success Story; press release distributed to local and national press; custom designed “Innovate to Educate Winner” icon for posting online.

A Community Choice winner is eligible to win the Grand Prize, provided all requirements for Grand Prize entry are met.

All prizes must be accepted as described herein and claimed in accordance with these Rules; otherwise, (A) the potential prize winner will forfeit all rights to receive the prize; (B) Sponsor shall be relieved of any and all obligations or liability to such potential prize winner; and (C) with respect to the Community Choice awards, Sponsor shall have the right to select an alternate potential prize winner based on the number of valid votes received during the applicable Entry Period. With respect to the Grand Prize, Sponsor shall have the right to select an alternate potential prize winner from among the remaining semi-finalists on the basis of the judging results. No prize substitutions, cash redemptions, or transfers will be allowed.

All potential winners are subject to verification of eligibility before any prize will be awarded. If a potential winning School/School District has a policy, practice, restriction or agreement that prevents the School/School District from accepting the prize, the prize will be forfeited in its entirety and awarded to an alternate School/School District as follows: (A) if a Community Choice award, it will be awarded on the basis of the number of valid votes received during the applicable Entry Period; and (B) if the Grand Prize, it will be awarded from among the remaining semi-finalists on the basis of the judging results.

11. Winner Notification/Prize Claim Process: The Sponsor will notify each potential winning School/School District and the Entrant who submitted the potential winning Entry on behalf of each via the email address, telephone number or postal address provided at the time the potential winning Entry was submitted in the AWARD PROGRAM. Each potential winning School/School District and the corresponding Entrant who submitted the potential winning Entry will be required to sign and properly execute an Affidavit of Eligibility, Liability Release, and where legal, a Publicity Release, and to return all required documents within ten (10) days of first written notification or the potential prize winning School/School District will be disqualified and its prize may be awarded to an alternate potential winner in the applicable manner outlined in Rule 10 (A) and (B), above.

If a prize is not claimed in accordance with these Rules, or if any prize notification or documentation is returned as undeliverable, or if a potential prize winning School/School District or corresponding Entrant is deemed ineligible to enter or receive a prize, respectively, the corresponding prize will be forfeited and may be awarded to an alternate potential winner in the applicable manner outlined in Rule 10 (A) and (B), above.

12. General: Participation in this AWARD PROGRAM constitutes each Entrant’s and his/her nominated School’s/School District’s full and unconditional agreement to these Rules and the decisions of the judges, Administrator and Sponsor, which shall be final, binding and nonappealable in all matters related to the AWARD PROGRAM. Entrants and potential winning Schools/School Districts will be disqualified if they fail to abide by any of these Rules. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Entries submitted in this AWARD PROGRAM. By accepting a prize, each winning School/School District agrees the prize awarded is awarded upon the condition that Sponsor, the judges, Administrator, Woobox, Facebook, Twitter, YouTube, Instagram and affiliated promotion/advertising agencies, and each of their respective parent companies, affiliates and subsidiaries, and the officers, directors, partners, principals, partnerships, employees and agents of each of the foregoing (collectively, the “Released Parties”), shall have no liability whatsoever for, and shall be held harmless from and against, any injuries, losses or damages of any kind to persons or property, including without limitation injury or death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of a prize, or participation in this AWARD PROGRAM or participation in any AWARD PROGRAM-related or prize-related activities, including any travel. Winning Schools/School Districts further acknowledge that the Released Parties, to the extent allowed by law, have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. As a condition of entering or receiving a prize, Entrants and winning Schools/School Districts, respectively, agree that: (A) under no circumstances will Entrants or, Schools/School Districts be permitted to obtain, and each Entrant and School/School District hereby waives, all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (B) the AWARD PROGRAM will be governed by the laws of the United States and the State of California, without regard to conflicts of law principles, and to the extent permitted by law, all causes of action arising out of or connected with this AWARD PROGRAM, or any prize awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in the state of California applying California law; and (C) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the AWARD PROGRAM, but in no event attorney’s fees. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY LISTED ABOVE. NOTHING IN THESE RULES SEEKS TO LIMIT OR EXCLUDE LIABILITY WHERE NOT PERMISSIBLE UNDER LOCAL LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR PROHIBITIONS REGARDING SUCH LIMITATIONS AND EXCLUSIONS.

By entering or accepting a prize, Entrants and winning Schools/School Districts, respectively, agree that the Released Parties are not responsible for: (i) electronic transmissions/Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or Administrator for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries or votes, in the tabulation of votes, or in the judging process, or for destruction of or unauthorized access to, or alteration of, Entries or votes; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor or Administrator’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this AWARD PROGRAM, including without limitation virus, bugs and non-authorized human intervention; (iv) any Entries submitted in a manner that is not expressly allowed under these Rules; (v) incorrect or inaccurate Entry-related information whether caused by Entrants or by any of the equipment or programming associated with or utilized in the AWARD PROGRAM; (vi) any typographical or other error in the printing or advertising of this AWARED PROGRAM, administration or execution of the AWARD PROGRAM, or in the announcement of prize winners; or (vii) cheating or fraud by any Entrant, School/School District or person voting on a photo or video entry.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR ANY WEB SITE OR FACEBOOK PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AWARD PROGRAM MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY HIM/HER AND THE SCHOOL/SCHOOL DISTRICT WITH WHICH SUCH PERSON IS ASSOCIATED, FROM THE AWARD PROGRAM.

13. By accepting a prize, the winning School/School District agrees that Sponsor and Administrator may use such School’s/School District’s name, likeness, photographs, videos and other pertinent information without limitation, for promotional, advertising or trade purposes in commerce and in all media worldwide, now known or hereafter devised, without further notice, consideration or payment, except where prohibited by law. By submitting an Entry, each Entrant agrees that Sponsor and Administrator may use his/her first name and first initial of last name, likeness, photograph and/or limited biographical information without limitation, for promotional, advertising or trade purposes in commerce and in all media worldwide, now known or hereafter devised, without further notice, consideration or payment, except where prohibited by law.

14. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this AWARD PROGRAM should (in the Sponsor’s or Administrator’s opinion) human error, virus, bugs, non-authorized human intervention, fraud or any other causes corrupt or affect the administration, security, fairness, or proper conduct of the AWARD PROGRAM. If the AWARD PROGRAM Entry Period is terminated before the stated end date, the judges will select the semi-finalists and the ultimate winner of the Grand Prize from among all eligible Entries received prior to the date/time of termination based on the judging process described herein, and will select the winner of the Community Choice award(s) based on the total number of valid votes received prior to the date/time of termination for any Public Voting Period. Sponsor reserves the right, in its sole discretion, to disqualify any individual or School/School District it finds (in the Sponsor’s or Administrator’s opinion), to be tampering with or attempting to tamper with the entry process, voting process or the operation of the AWARD PROGRAM, the Site, or Facebook page, or to be engaging in conduct intended to annoy, harass, threaten or abuse any other persons or entities, including without limitation, Sponsor, any other Entrants or Schools/School Districts, the judges, Administrator or Sponsor’s representatives.

15. Privacy Policy: By entering, each Entrant agrees to the Administrator’s use of the personal information submitted with his/her Entry only for the purpose of administering the AWARD PROGRAM and in accordance with the Administrator’s Privacy Policy at http://www.eSchoolNews.com/innovate-to-educate. Entrant also agrees to Sponsor’s use of the personal information submitted with his/her Entry in accordance with Sponsor’s Privacy Policy at https://www.xirrus.com/privacy-policy/.

16. Winners List: The names of the community choice winners will be posted on the Site approximately 15 days after the respective voting period has concluded. The name of the Grand Prize Winner will be posted on the Site immediately following verification of said winner. For a list of winners by mail, send a self-addressed, stamped #10 business-size envelope to: eSchool Media, Innovate to Educate Award Program, 7920 Norfolk Avenue, Suite 900, Bethesda, MD 20814. Mail requests must be received by December 15, 2016

Sponsor: Xirrus, Inc. 2101 Corporate Center Drive, Thousand Oaks, CA 91320

Administrator: eSchool Media, 7920 Norfolk Avenue, Suite 900, Bethesda, MD 20814

Any questions or comments regarding this AWARD PROGRAM must be directed to the Sponsor or Administrator only, and NOT to Woobox, Facebook, Twitter, or YouTube.

All trademarks used herein are the property of their respective owners.

©2016 Xirrus. All rights reserved.

 

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