The Design Squad Nation's "Build Big Contest" (the "Contest") begins on March 21, 2011 at 12PM EST, and ends on August 1, 2011 at 12PM EST (the "Entry Period"). The Contest is open to all eligible entrants who follow the entry procedures set forth below.
The Contest is sponsored by the WGBH Educational Foundation, One Guest Street, Boston, MA 02135 ("WGBH").
The Design Squad Nation "Build Big" contest (the "Contest") is void where prohibited by law. The Contest is open to legal residents of the fifty United States and the District of Columbia, except Arizona. Entries can be made by teams of contestants of at least one (1) person(s) under the age of eighteen (18), however each entry must be submitted by an individual (the "Entrant"), who at the time of entry is at least eighteen (18) years of age. There is no limit to the number of members per team. The team Entrant is responsible for obtaining the consent of other team members (or team members' parent or guardian, if they are under the age of eighteen (18) years of age) to participate in the Contest. The Contest is not open to employees, officers, directors, trustees, and members of their respective immediate families or households, of WGBH, the Public Broadcasting Service (PBS), PBS member television stations, or their respective affiliates, and subsidiaries. By participating in the Contest, each Entrant is hereby deemed to agree to these Official Rules and all eligibility requirements and guidelines listed below.
(a) The Contest challenges teams of at least two (2) members to design and create a large-scale version of a Design Squad Nation activity (the "Project") found on the Design Squad Nation website (http://pbskids.org/designsquad/parentseducators/resources/index.html) (the "Website"). Entrants are not required to adhere to the specific materials or instructions stated in the Activity guides on the Website, and there is no size requirement or size limit for the Project (except that it must be larger). Entrants are encouraged to be innovative with their design and to think of creative applications for their Project.
(b) Teams, led by the Entrant, must produce a short video (no longer than five minutes) about the Project (the "Video"). The Video must be original and may not depict any person, trademark, trade dress, or product of any third party without consent. The Entrant is responsible for obtaining the consent of all those who appear in the Video (or the consent of a legal parent or guardian if under eighteen (18) years old). Such permission must include the right for WGBH to use the Video in all manner and media in perpetuity.
(c) Entrants are required to create a login account on YouTube (http://www.youtube.com/create_account). Entrants will then upload the Video using the entrant's YouTube account log in. The Video must comply with YouTube's Terms of Use (http://www.youtube.com/t/terms).
(d) In addition to uploading the Video onto YouTube, the Entrant must also complete an online submission form on the Contest homepage (http://www.pbskidsgo.org/designsquad)(the "Online Submission Form"). The Online Submission Form will consist of the following information:
(i) the Entrant's legal name, age, legal residence, and a valid email address;
(ii) the name of the Entrant's team and the first name, age, and state of residence of all other team members;
(iii) answers to the following questions: (1) Who are you?; What's your team name/story? (2) What Design Squad Activity did you chose to "Build Big"? (3) Why did you choose to "Build Big" this activity? (4) How did you build your "Build Big" version?;
(iv) a link to the Video on YouTube.
The Video and Online Submission Form shall collectively be referred to as the "Entry".
There is no limit on the number of Entries from any Entrant, but each Entry must be submitted separately. All Entries from a particular Entrant must be unique as solely determined by WGBH. Each Entry will be given a timestamp by the server upon submission. Entries must be received during the Entry Period to be eligible. Entries received before or after the Entry Period and/or those entries that do not meet the guidelines, are not eligible. Incomplete or inaccurate Entries are void.
By submitting an Entry the Entrant warrants and represents that the Entry, and their submission thereof to the Contest: (a) does not violate any law, regulation or right of any third party, including but not limited to patent, copyright, trademark, or other intellectual property or sui generis right, (b) that the Entry does not violate any fiduciary relationship or violate any agreement the Entrant may have, (c) that the Entry is the sole and original invention/idea/product/design of their team (except the Design Squad Nation Activity on which it is based), and that the Entry has not been published, or submitted in any competition or contest, and (d) that the Entry does not contain any virus, bugs, or other deleterious material.
Each Entrant acknowledges that other entrants may submit the same or similar idea /design/Project and/or that WGBH may have received the same or similar idea /design/Project from a third party independent of this Contest or as part of this Contest. Entrant agrees that neither WGBH nor any other party related to this Contest shall have any responsibility or liability for any such submissions in this Contest or from a third party. Entrant waives any claims or damages of any kind or nature whatsoever, including but not limited to, direct, indirect, incidental, consequential or punitive damages, should WGBH pursue, in any manner, any such submission in this Contest or from a third party.
Once an entry is submitted it is the sole responsibility of the Entrant to maintain as current his/her contact information. WGBH is not responsible for any failure to contact an entrant if their respective contact information is not current. To update contact information, please e-mail designsquad@wgbh.org.
By entering, each Entrant grants WGBH, PBS, and/or their respective assigns and distribution partners, the right to use his or her Entry, in whole or in part, with no compensation due to the Entrant, in perpetuity, in all manner and media, whether now known of hereafter developed including, without limitation, television, radio, cassettes and DVDs (and their packaging), and the Internet. WGBH may also edit and mix the Video entries for promotional use. Such promotional use may include uploading the Video to third party websites, which by their terms of use would allow third parties to download and possibly re-use the Video for other purposes, such as private use and commercial and advertising use.
There will be three (3) phases of judging:
(a) Phase 1 of judging is the initial evaluation screening (the "Initial Screening") of each Entry. The Initial Screening will evaluate and confirm each Entry's compatibility with the Contest theme. At all times, and in every instance at the sole discretion of WGBH, any Entrant whose Entry or use of the Website is considered inappropriate in any way, or in any way violates these Official Rules will be immediately disqualified, and his or her Entry shall not be considered. For example, any Entry which imperils, endangers, harms or damages a person, animal or property shall be considered inappropriate. If an Entry is determined by WGBH as eligible in accordance with the Contest theme and Official Rules, is deemed a legitimate Entry, and is received and recorded by the published deadline, then it will be considered an 'active' entry and proceed to Phase 2 of judging.
(b) Phase 2 of judging is the active evaluation screening (the "Active Screening") of Entries that were deemed eligible following their Initial Screening. In the Active Screening, a panel of three (3) judges will evaluate each Entry deemed eligible by the Initial Screening on the following criteria (each a "Criteria") (1) the originality of the Project; (2) the uniqueness of the Entrant's approach and; (3) the execution of the Project. Judges will evaluate the Entries using a five (5) point scale for each Criteria. Those Entries receiving the highest compiled scores in this phase will proceed to the final phase of judging.
(c) Phase 3 of judging is the ranking and final selection of the winner (the "Final Ranking and Selection") from among the Entries who received the highest scores in the Active Screening. In the Final Selection, Entries will be judged by a panel of three (3) judges who will rank the Phase 3 Entries (from best to worst of Phase 3), based upon the same Criteria used in Phase 2, and the added subjective criteria of which of the top Entries is "the best."
(d) Each Entry will remain "anonymous" throughout each Phase of judging. The judges will not have access to the Entrant's (or Entrant's team member(s)') personal information. WGBH and the judges do not profit in any way from the success of the Winner. Entrant's confidentiality is upheld. Judges' confidentiality is also upheld. The judges for the Active Screening may or may not be the same as the judges for the Final Ranking and Selection.
One (1) Winner (the "Winner") will receive a Cisco UltraHD Flip Camera (4 GB / 1hr) (Actual Retail Value: $149.99) and have the opportunity, within three (3) months from WGBH's receipt of the Winner's signed Affidavit and Release Form (see Paragraph 7 below), to hold a video chat of up to twenty (20) minutes in duration with the hosts of Design Squad Nation, Judy Lee and Adam Vollmer (the "Video Chat") (collectively, the "Prize"). The Winner acknowledges and agrees that the opportunity to have a Video Chat with Adam Vollmer and Judy Lee is contingent upon Mr. Vollmer and Ms. Lee's availability, which is beyond WGBH's control. Upon being confirmed as the Winner, the Winner will be provided with three dates and times on which to schedule the Video Chat, of which the Winner may select one (such date and time). WGBH is not responsible if none of the proffered times are convenient for Winner or if Mr. Vollmer and/or Ms. Lee fail to participate in the Video Chat for any reason. In addition, in the event of illness, act of God, scheduling conflict or any other reason, WGBH is not responsible for the Video Chat portion of the Prize, which has no monetary value, and no alternate prize will be awarded in lieu of the Video Chat and the Video Chat will not be rescheduled. The Prize cannot be transferred, substituted, or redeemed for cash, but WGBH reserves the right to substitute Prize, or a portion of Prize with a prize, or portion or prize of equal or greater value if such Prize or portion becomes unavailable. Taxes on Prize, if any, are solely the responsibility of winner.
The Winner will be notified via email and will be required to accept or decline the Prize and complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Liability/Publicity Release within the time stated on the notification of winning. If documents are not returned in a timely manner, or if the documents are returned as non-deliverable, or if Winner is found to be ineligible or otherwise not in compliance with these Official Rules, then the Winner and the Winner's Entry will be disqualified, all rights to the Prize will be forfeited and an alternate Winner selected from among the ranked Phase 3 Entries (i.e., the next "best" will be chosen as the first alternate).
Entrants hereby: (a) grant to WGBH a non-exclusive, perpetual license to receive, reproduce, distribute, display and otherwise process submitted data, materials and information (including the Video), and to evaluate same, both in connection with the Contest and outside of the Contest; and (b) agree (i) that WGBH and its respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, trustees, employees, representatives, advisors and agents (individually and collectively "Releasees") are released, will have no liability whatsoever for, and shall be held harmless by Entrants against any liability for any injuries, losses or damages (whether due to negligence or otherwise) of any kind to person(s), including death, or property, or for breach or failure of any representation, warranty or obligation, or for infringement of rights of intellectual property, publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest related activities; and (ii) except where legally prohibited, the Winner grants (and agrees to confirm that grant in writing) permission to WGBH and those acting under its authority the right to the use, subject to PBS' Privacy Policy (http://www.pbs.org/about/policies/privacy-policy/), the Winner's and their team's individual member participant's name, picture, likeness, voice, biographical information and statements, and entry (or any part thereof) at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
Releasees are not responsible for lost, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Locker, entry or other information or the failure to capture, store, or loss of, any such information. Entrants are expected to, and shall, retain copies of all portions of their entries, and shall not rely on WGBH to retain same. WGBH shall not be responsible for lost or corrupted submission materials. Persons who tamper with or abuse any aspect of this Contest, as solely determined by the WGBH, will be disqualified. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Releasees are not responsible for injury or damage to Entrants' or to any other person's computer related to or resulting from participation in this Contest or downloading or printing materials of any kind from, or for, this Contest, or use of the Website. Should any portion of the Contest be, in WGBH's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of WGBH, corrupt or impair the administration, security, fairness or proper conduct, or submission of entries, WGBH reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by WGBH. Releasees are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website.
In the event WGBH is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the WGBH's control (each a "Force Majeure" event or occurrence), WGBH shall have the right to modify, suspend, or terminate the Contest.
IN NO EVENT WILL RELEASEES 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 WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTEST, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
All disputes arising hereunder or in relation to the Contest and/or the Prize, shall be brought solely and exclusively in the United States District Court in Boston, Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts and Entrant hereby consents to the jurisdiction of such courts and waives any defense of inconvenient forum.
For the name of the Winner (Entrant's name and team name), mail a first class self addressed stamped envelope to: WGBH, ATTN: Design Squad Nation "Build Big" Contest Winners; One Guest Street Boston, MA 02135. The name of the Winner may also be posted on the Website.