The Jewish Day School Video Academy: Alumni Edition (the “Contest”) is sponsored by The AVI CHAI Foundation (“Avi Chai”), 1015 Park Avenue, New York, NY 10028 (“Sponsor”). The Contest is part of a program, the Jewish Day School Video Academy, which Avi Chai provides to eligible Jewish day schools to help promote the use of online video. The program includes webinars on storytelling, production, post-production, and distribution and one-to-one consultations on those subjects. The program and the Contest platform are hosted by See3 Communications, LLC (“See3”), 1222 West Wilson, Suite 2E, Chicago, IL 60640.
The objective of the Contest is for eligible Jewish day schools to compete for prizes for the videos that best promote the schools and the Jewish day school experience, and their ties to their respective alumni communities.
These Official Rulesof the Contest (“Official Rules”) apply to all Submissions (defined in 6
), including the Submissionof a school that is later determined not to be eligible or is disqualified. These Official Rules cannot be waived or changed except by the Sponsor. If a school is considering entering the Contest,a senior school official of that school must read all of these Official Rules. Because that senior school official must also transmit the school’s Submission and agree to these Official Rules on behalf of the school, he or she must also be authorized to enter into agreements on the school’s behalf. NO PURCHASE IS NECESSARY TO ENTER OR WIN THE CONTEST.
(a) The Contest is open only to North American Jewish day schools that express a positive attitude toward the state of Israel and an appreciation for the value of secular education (“Entrant”); no individual person may be an Entrant.All decisions regarding any aspect of eligibility (or ineligibility) of an Entrant will be made only by the Sponsor, in its sole and exclusive discretion. If at any point during the Contest, the Sponsor determines that an Entrant, even if a Winning Entrant (defined in 10),is an ineligible Entrant, the Sponsor may disqualify that Entrant, and, in its sole discretion, select an alternate Winning Entrant.
(b) For this Contest, each Entrant must select one or more of the Entrant’s alumni (i.e., students who attended the school for a year or more) to collaborate in the Entrant’s participation in the Contest (“Alumni Participants”). The Entrant is solely responsible for the selection and participation of its Alumni Participants, andthe Entrant agrees that all activities by Alumni Participants related to the Contest are made on the Entrant’s behalf. Alumni Participants are not considered Entrants.
By participating in the Contest, the Entrant hereby agrees that all information that it supplies on the Entry Form (and otherwise in connection with its Submission)is current, truthful, and complete. If that information is not current, truthful, and complete, an Entrant may be disqualified from the Contest.By transmitting a Submission, the Entrantrepresents and warrants to the Sponsorthat(a) the individual person who submits the Submission for the Entrant is a senior school official of the Entrant who has read and understands these Official Rules and is authorized to make agreements on behalf of the Entrant;(b) the act of transmitting the Submission signifies that these Official Rules are the terms of an agreement between the Entrantand the Sponsor; (c) the Entrant owns all right, title, and interest in the Submission (defined in 6
)and has obtained (from the Alumni Participants and all other necessary parties) all rights, permissions, and releases, including all patent, trademark, trade secret, copyright, or other proprietary rights (including privacy and publicity rights) necessary to grant the Sponsor the License described in 13
; (d) the Entrant has obtained a release from any identifiable person who appears in, is heard in, has allowed the use of his or her name, likeness, or voice in the Video, or has otherwise contributed to the Submission; (e) if any Alumni Participant or other participant in the Video is a minor, the Entrant has obtained the rights and releases in the preceding subsections (c) and (d) in writing from the minor’s legal guardian and the minor’s name has not been included anywhere in the Submission; (f) the Entrant’s Submission and participation in the Contest will not (i) violate any third party’s copyright, patent, trademark, trade secret, or other proprietary right; (ii) defame or violate the privacy, publicity, personal,contract, or other rights of any third party; (iii) contain any scandalous, obscene, or unlawful matter; (iv) contain any information furnished to the Entrant in confidence or with the understanding that it would not be disclosed or published; (v) or violate any applicable law or regulation.The Entrant agrees to indemnify the Sponsor, See3, and their directors, officers, employees, agents, licensees, successors, and assigneesagainst all liability, losses, costs, and expenses (including reasonable attorneys’ fees) incurred as a result of any Submission the Entrant transmits to the Sponsor that violates the representations and warranties in the preceding subsections (c), (d), (e), and (f) above.
To be complete, an entry must include (a) an Entry Formwith all
the requested information completed accurately; and (b) a link to the video (requirements described in 7
) that is posted to the Entrant’s YouTube account (the “Video”). (The Entry Form and the Video link together are the “Submission”.) There is no limit to the number of Submissions that each Entrant may submit, but each Submission must be transmitted separately.Each Entrant is solely responsible for all expenses and costs associated with producing andtransmitting its Submission(s). All Entrants must ensure that the Video component of their Submission(s) is available on their YouTube accounts through December 31, 2012, for viewing by the students in the Sponsor’s Jewish Day School Video Academy.
The Video must address how the Alumni Participants’ day school experience helped make them the Jews and the people they are today.The Video must be original(not copied), less than two (2) minutes long, and created after June 6, 2012
by Alumni Participants and other people from the Entrant (without (a) having been professionally produced by someone outside of the Entrant’s school community in exchange for any sort of compensation; (b) having been produced with professional equipment; or (c) including non-alumni celebrity appearances), and submitted by 11:59 p.m. ET on November 21, 2012
(“Contest Period”). (If the Entrant is not located in the Eastern Time Zone, it should adjust its transmittal time to meet the deadline in the Eastern Time Zone.)Each Entrant will require a YouTube account to post its Video. Any Video containing material that is violent, obscene, illegal, racially or morally offensive, otherwise inappropriate, or does not meet the Sponsor’s standards for any reason as determined by the Sponsor, in its sole discretion, may be rejected as ineligible for consideration.Any determination about whether an Entrant’s Submission complies with the Submission requirements (including whether the Submission is sufficiently original and complies with these Official Rules) will be made solely and exclusively by the Sponsor (or its Judges (definedin 9
)), and the Sponsor may disqualifyany Submission based upon those determinations in the Sponsor’s sole discretion.
8.HOW TO ENTER:
During the Contest Period, each Entrant should:
(a) Log on to www.dayschoolvideoacademy.org(the “Website”) and click on the banner (or link) labeled “Enter the Contest”.
(b) Follow the on-screen entry instructions (including completing the Entry Form and indicating that the Entrant has read and agrees to these Official Rules and that the senior school official making the Submission is able to make an agreement for the Entrant).
(c) Provide a link to the Video on the Entrant’s YouTube account.
(d) Click on “Submit” to complete your entry.
(e) To be eligible, both required parts of each Submission must be transmitted together by 11:59 p.m. ET on November 21, 2012. (If the Entrant is not located in the Eastern Time Zone, it should adjust its transmittal time to meet the deadline in the Eastern Time Zone.) Normal time, toll, connection, and usage rates, if any, charged by the Entrant’s Internet service provider will apply.
9.JUDGING AND PRIZES:
There are two categories of prizes: People’s Choice Prizes andJudges’ Prizes. No matter how many Submissions it makes, an Entrant may not win both a Judges’ Prize and a People’s Choice Prize; if an Entrant wins an Expert Judge's Prize, it will be disqualified from the People's Choice Prize category.All winners are subject to the Sponsor’s verification of eligibility and compliance with these Official Rules.
(a) People’s Choice Prizes. Voting by the public of the Videos of qualified Entrants will take place from November 28, 2012 through December 12, 2012. The public will be invited to vote for the Videos with a “thumbs-up” sign. The Video with the highest number of votes will be the First Prize, and the five Videos with the next highest votes will be determined runner-ups, as determined by the Sponsor in its sole discretion (unless one of them has already won a Judges' Prize, in which case, the prize will go to the next highest-scoring Submission).
(b) Judges’ Prizes. At the conclusion of the Contest Period, Videos of qualified Entrants will be judged and scored by qualified employees and representatives or partners of the Sponsor (“Judges”), based on the following criteria: Entertainment 30%; Clarity of Expression 30%; and Effectiveness at Addressing the Contest Question (“How did your day school education help make you the person, and the Jew, you are today? Tell us the story of the experiences and the people who inspired you.”)40%.The Judges will rate these three criteria on a scale of 1 to 5 with 5 being the highest score and 1 being the lowest score. The Videos with the three highest average rankings, as determined by the Sponsor in its sole discretion, will be the First Prize, Second Prize, and Third Prize Winners.
10.PRIZE WINNER NOTIFICATION:
The Sponsor will announce the names of the Entrants who win the Judges’ Prizes and People’s Choice Prizes (“Winning Entrants”) on December 21, 2012. Before that announcement, the Sponsor will make two (2) attempts to contact each potential Winning Entrant at the phone numberor e-mail address provided on the Entry Form. If the Sponsor is unable to reach a potential Winning Entrant via phone or email after two (2) attempts, or if any prize notification is returned as undeliverable, the Entrant will be disqualified and, at the Sponsor’s discretion, an alternate Winning Entrant may be selected.
(a) Nine total prizes will be awarded (three Judges’ Prizes and sixPeople’s Choice Prizes). TheJudge’s category will have One (1) First Prize: $7,500; One (1) Second Prize:$3,700; and One (1) Third Prize: gift cards for video-production equipment, valued at $2,500. The People’s Choice category will have One (1) First Prize: $3,000; and Five (5) Runner-Up Prizes: $1,500 each.The approximate retail value of the total prizes, including goods, is $24,200.
(b) Each Winning Entrant must divide the prize as follows: The Winning Entrant will retain two-thirds of the prize for itself and will divide the remaining one-third equally among the Alumni Participants for the relevant Submission, except that the Third Prize in the Judge’s category must be divided as follows: gift cards totaling $1,500 to be retained by the Winning Entrant and gift cards totaling $1,000 to be divided equally among the Alumni Participants. Upon sending the prize to the Winning Entrant, the Sponsor will have no further obligation related to the prize, and the Winning Entrant will be solely responsible for distributingthe required portion of the prizetothe Alumni Participants.
(c) Prizes are not transferable. All taxes and other obligations associated with the receipt, division, distribution, and use of prizes (including any withholding and reporting obligations associated with transferring portions of the prizes to the Alumni Participants) are the sole responsibility of the Winning Entrant. There will be no prize substitution, except by the Sponsor, which reserves the right to substitute a prize of equal or greater value, in its sole discretion, if any prize is unavailable. Unclaimed prizes will not be awarded.
(d) Each prize will be sent to the Winning Entrant at the mailing address given on the Entry Form. The Sponsor is not responsible for lost, late, mutilated, or misdirected mail. If a prize is returned as undeliverable, or if a potential Winning Entrant cannot be verified, or if a potential Winning Entrant is otherwise unable to accept a prize, the prize will be forfeited and awarded to the next highest scoring Entrant.
12.PRIZE WINNER'S NAMES:
For names of all the Winning Entrants, visit the Website or send a self-addressed, stamped envelope before December 15, 2012,to “Jewish Day School Video Academy: Alumni Edition,”The AVI CHAI Foundation, 1015 Park Avenue, New York, NY 10028.
13.OWNERSHIP OF ENTRIES:
Each Entrant retains ownership, including copyright, of its Videoand, by entering, grants the Sponsor a nonexclusive, worldwide, royalty-free license for the Sponsor to reproduce, distribute, and publicly perform the Video (or parts of it) and to publicly display stills from the Video for the purpose of advertising and promoting the Jewish Day School Video Academy, the Contest, or any other contest sponsored by the Jewish Day School Video Academy; for these same purposes, each Entrant authorizes the Sponsor to use the Entrant’s name in association with its Video without further compensation (“License”).
The name, address, and email address of the senior school official who transmits an Entrant’s submission will be maintained by See3 only for the purpose of verifying the Entrants and notifying Winning Entrants. The Sponsor and See3 have agreed that none of that identifying information will be disclosed to any third party, nor will it be used for any purpose other than the purpose for which it was transmitted. The names of Winning Entrants will be made public (see 12
. The Sponsor, See3, their successors and assignees, and their directors, officers, employees, and agents are not responsible for and disclaim any liability for any delays or difficulties of any kind in transmitting a Submission or verifying a potentialWinning Entrant, including (a) incomplete, lost, delayed, late, stolen, damaged, illegible, misdirected, garbled, inaccurate, or undelivered Submissions or mail; (b) technical, hardware, software, computer, or networks malfunctions, difficulties, or failures of any kind, including unavailable network connections, or failed, incomplete, garbled, misrouted, or delayed computer transmissions, which may limit an individual's ability to participate; (c) any computer, network, technical, mechanical, printing, typographical, human, or other errors or problems of any kind relating to the Contest; or (d) damage to any computer system resulting from participating in, or accessing or downloading information in connection with, this Contest.
Disruptions of the Contest.
The Sponsor may prohibit any Entrant or potential Entrant from participating in the Contest or receiving any prizeif any person associated with an Entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Entrant, the Sponsor, See3, or their agents or representatives; or acts in any other disruptive manner. These determinations will be made by the Sponsor in its sole discretion. In addition, if any Entrant attempts deliberately to damage any website (including the Website) or undermine the legitimate operation of the Contest,the Sponsor reserves the right to seek damages from that Entrant to the fullest extent permitted by law or to take any other available legal action.
The Sponsor reserves the right to postpone, cancel, suspend, or modify the Contest in any manner and for any reason without notice, in its sole discretion. TheSponsor also reserves the right in its sole discretion, to cancel, suspend or modify the Contest (and to disqualify any implicated Entrant(s) (whether eligible or not)) if fraud, virus, actions by Entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Contest, as determined by the Sponsor in its sole discretion. If the Contest is suspended, the Sponsor reserves the right, at its sole discretion, to conduct judging and to award prize(s) from among all eligible, non-suspect entries received up to the time of the event or action warranting suspension.If the Contest is modified, cancelled,or suspended before the end of the Contest Period, a notice will be posted on the Website.
No Warranties; Third-Party Beneficiaries.
The Sponsor and See3 make no warranties covering any of the prizes awarded as part of this Contest.The Entrants’ Alumni Participants are not intended third-party beneficiaries of these Official Rules, and each Entrant is solely responsible for any liability to those Alumni Participants arising from or related to the Contest.
The headings in these Official Rules are for convenience and are not part of the agreement. The word “including” should be interpreted as inclusive and has the meaning “including, without limitation.”
The agreements between Avi Chai and each Entrant that submits a Submission in the Contest, the determination of the eligibility of Entrants, and the interpretation of these Official Rules are governed by and should be construed in accordance with the laws of the State of New York, applicable to contracts made and performed in that State, without giving effect to any choice or conflict of law rules or provisions which would result in the application of the laws of any other jurisdiction. If any Entrant (including an ineligible Entrant) and Avi Chai are unable otherwise to resolve any claim or controversy arising out of or relating to their agreement, the Contest, the Official Rules, or the Entrant’s eligibility (“Claim”), they irrevocably agree to submit the Claim tobinding arbitration conducted in the State and County of New York and administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator will be followed, except that the arbitrator must be an experienced arbitrator licensed to practice law in New York.