Rules and Regulations for Auschwitz: The Past is Present ITeach Professional Development Contest OFFICIAL RULES: NO CONTRIBUTION OR PURCHASE NECESSARY TO ENTER. DEADLINE FOR SUBMISSIONS IS OCTOBER 3, 2014 at 8 PM PST. OPEN TO FULL TIME TEACHERS WHO PROVIDE DIRECT INSTRUCTION TO STUDENTS AGED BETWEEN eleven (11) and eighteen (18) and educational trainers who deliver programs relating to Holocaust education in countries who are members of the International Holocaust Remembrance Alliance (Argentina, Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Ireland, Italy, Latvia, Lithuania, Luxembourg, The Netherlands, Norway, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom excluding the United States) ( IHRA ) or in countries currently working with USC Shoah Foundation (Australia, Rwanda, Ukraine). 1. SPONSOR: The University of Southern California, on behalf of its USC Shoah Foundation The Institute for Visual History and Education and IWitness ( Sponsor ). 2. TERMS: The Auschwitz: The Past is Present Professional Development Contest ( Contest ) begins at 5 PM PST on September 15, 2014 and ends the sooner of: (a) the moment when one hundred (100) eligible entries have been received; or (b) 8 PM PST on October 3, 2014 (the "Entry Period"). If one hundred (100) entries are received prior to 8 PM PST on October 3, 2014, Sponsor will post notice at the entry website that the Entry Period has ended. The judging period for the Contest is between October 3, 2014 and October 29, 2014. Winners will be announced on the IWitness website on November 1, 2014. By submitting an entry and accepting the terms herein, each Educator Participant ( Participant ) 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 Participant may enter one (1) application. By entering the Contest, each Participant agrees to release and hold harmless Sponsor, and its Affiliates (as defined in the IWitness Terms of Use) and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, auxiliaries, subsidiaries, advertising and promotion agencies, and all of their officers, directors, shareholders, employees, and agents ( Contest Entities ) from any injury, loss, death, damage, action, claim, demand or other liability that may occur from the Participant s participation in the Contest or from the acceptance, use or misuse of any prize awarded, or from attendance at any event associated with the Contest. State of California (U.S.) law governs the Contest. ALL ELIGIBLE SUBMISSIONS MAY BE FEATURED ON THE SPONSOR S WEB PAGE. 1
3. ELIGIBILITY: The Contest is only open to those teachers who work in countries that are members of IHRA or in countries currently working with USC Shoah Foundation. VOID WHERE PROHIBITED BY LAW. Participant must be twenty-one (21) years or older, a full-time teacher who provides direct instruction to students aged eleven (11) through eighteen (18), or an educational trainer who delivers programs relating to Holocaust education. Participants must have a good command of the English language. Sponsor employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of the Contest Entities are not eligible to enter. The Sponsor reserves the right to verify eligibility qualifications of any winner ( Winner ). 4. HOW TO ENTER: No financial contribution or purchase is necessary to enter. Enter online between 5 PM PST on September 15, 2014 and ends the sooner of: (a) the moment when one hundred (100) eligible entries have been received; or (b) 8 PM PST on October 3, 2014 (the "Entry Period"). If one hundred (100) entries are received prior to 8 PM PST on October 3, 2015, Sponsor will post notice at the entry website that the Entry Period has ended. Limit one (1) entry per person. Multiple entries, if discovered, will be disqualified. Each Contest entry consists of a video submission of ninety (90) seconds or less, completion of an online application, including responses to Contest questions. 5. CONDITIONS OF ENTRY: By entering, Participants agree to comply with these Official Rules, including all eligibility requirements. All entries submitted as part of the Contest 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 http://iwitness.usc.edu/sfi/termsofuse.aspx, 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 Participant 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 Participant adds 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 Participant s Dashboard). While 2
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 Participant s intended use. The music the Sponsor has provided within IWitness has been licensed for classroom use from junedaymusic.com, and Sponsor encourages Participants 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 its Affiliates to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate Winner. Contest 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, Participant s computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by the Contest 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. 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: Sponsor will review all submissions and, in its sole discretion, choose ten (10) winning submissions. Sponsor will notify Winners by the email address provided by Participants on their entry form. Failure to provide an accurate, working email account through which the Sponsor can contact Participants will disqualify Participants from receiving the Contest prize. Odds of winning depend on the number of eligible entries received. Where permitted by law, Winners agree to grant and assign to Contest Entities, 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 Winners name, portrait, picture, 3
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 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: Ten (10) Professional Development Trips will be made available, each consisting of a four (4) day/five (5) night program in Poland for an in-depth professional development experience culminating at the Auschwitz-Birkenau State Museum with the commemoration activities of the seventieth (70 th ) Anniversary of the January 27, 1945 liberation (the PD Trip ). PD Trip includes: round trip coach air travel for Participant from the major gateway airport closest to Participant s residence (airports determined solely by Sponsor); activities selected by Sponsor; ground transportation between hotel, airport, and activities; and meals selected by Sponsor. There is no approximate retail value ascribed to PD Trip since it is an educational development opportunity which is not available on the retail market. The PD Trip must be taken on dates selected by Sponsor in its sole discretion, currently anticipated to occur January 23, 2015 through January 28, 2015, but subject to change as deemed necessary in Sponsor s sole discretion. All travel is subject to Sponsor approval. All travel arrangements must be made through Sponsor or its Affiliates. Certain restrictions may apply. The Participant (unless a Polish citizen, living in Poland) must possess all required travel documents, including but not limited to a valid passport which is valid through April 30, 2015 or longer. The dates of departure and return are subject to change at the Sponsor s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in its sole and absolute discretion. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, or any other persons providing any related services or accommodations. Sponsor is not liable for any missed events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other program element except at the sole and absolute discretion of the Sponsor. Additional details and travel information to be provided to the Participant at the time of notification. PD Trip Participants are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. PD Program Participants may be required to provide a credit card at the time of hotel check-in, for room security and any incidental charges made to the 4
hotel room. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of the PD Trip, and are the sole responsibility of the PD Trip Participants, including, but not limited to: ground transportation between the Participant s home and home airport, travel insurance, room service, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. In the event a PD Trip Participant engages in behaviour that (as determined by the Sponsor or any PD Trip element provider in its or their sole and absolute discretion) is defamatory, obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate such person s participation in the PD Trip early, and any expenses related to such termination will be the sole responsibility of the applicable Participant. 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 PAST IS PRESENT CONTEST: Sponsor reserves the right to modify, suspend, or terminate the Contest 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 Contest, 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 Participant 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 Contest Entities 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 Contest and promotion of the Contest without additional compensation. For the purposes of these Official Rules, the Participant 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 Contest Entities, 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 Contest-related activity, or participation in the Contest. 5
IN NO EVENT WILL THE CONTEST ENTITIES 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 PARTICIPANTS ACCESS TO AND USE OF THE INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTEST, 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 PARTICIPANTS. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 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 Contest or web site; to be in violation of the Terms of Service of the Sponsor s website; 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 Contest 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: Participants 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 Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the Participant s identity or to otherwise verify the Participant s eligibility to participate in the Contest. Contest Entities will not sell, rent or otherwise transfer this information to any third party, nor will Contest Entities use this information for marketing purposes, other than as outlined in Conditions of Entry and Determination of the Winner, without Participant s consent. 11. DISPUTES: As a condition of participating in this Contest, Participants agree that any and all disputes which cannot be resolved and causes of action arising out of or connected with this Contest, 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 6
California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Participant 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 Participant s actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and Participant further waives all rights to have damages multiplied or increased. 12. WINNERS LIST: The Winners list will be available online at http://iwitness.usc.edu/sfi/ after November 1, 2014 or by email requesting the information to iwitness@usc.edu. Include the words Auschwitz: The Past is Present in the subject line. 7