HP Digital Assist Education Grant Competition (the “Competition”)
OFFICIAL RULES
THE COMPETITION IS INTENDED FOR SPECIFICALLY SELECTED SCHOOLS IN ELIGIBLE AREAS (AS DEFINED BELOW) OF THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT SUBMIT YOUR ELIGIBLE SCHOOL IN THE COMPETITION IF YOU ARE NOT ONE OF THE INVITED SCHOOLS OR ARE NOT LOCATED IN AN ELIGIBILE AREA AT THE TIME OF SUBMISSION.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO RECEIVE A GRANT. PURCHASE WILL NOT INCREASE YOUR CHANCE OF RECEIVING A GRANT.
1. Eligibility: The Competition is not open to the general public and grants in this Competition will only be offered to high-need, hand-selected schools (and is further limited to school organized teams of seventh and eighth grade students within such schools) within six, urban areas: Chicago, IL; Dallas, TX; Houston, TX; Oakland/San Francisco/San Jose, CA; Miami, FL; and Washington, D.C. (each an, “Eligible Area”). Up to twenty (20) schools within each of the above areas will be selected by the Competition Entities (as defined below) to participate in the Competition (each an “Eligible School”) based on Title 1 Status and proportion of students who qualify for Free/Reduced Lunch Program(s). Employees, officers and directors of the Hewlett-Packard Company (“HP”) and NBA Properties, Inc. (“NBA Properties” and collectively, with HP, “Sponsor”), NBA Media Ventures, LLC, NBA Digital, the National Basketball Association and its member teams (collectively referred to as the “NBA Entities”), their parents, subsidiaries and affiliated companies; the International Society for Technology in Education (ISTE), and advertising, promotion, or production agencies contracted to work on the Competition, (such entities, together the NBA Entities and HP, the “Competition Entities”) (and their respective IRS dependents, immediate family members [defined as spouse, parent, child, sibling and their respective spouses] and individuals residing in their same household) are not eligible. The Competition is void where prohibited and subject to federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. By participating in the Competition, each Participating School fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor and the other Competition Entities, which are final and binding with respect to all matters related to the Competition. Each Submission (as defined below) shall become the property of Sponsor and will not be returned.
2. Competition Submission Period: The Competition submission period begins at 12:00:00 a.m. Pacific Time (PT) on September 14, 2009 and ends at 11:59:59 p.m. PT on November 20, 2009 (the “Submission Period”). Submissions must be received, recorded and approved for competition on www.hpdigitalasisist.com (the “Website”) during the Submission Period. The Website server is the official time keeping device for the Competition. For purposes of the Competition, a Submission is “received” when the Website servers record the Submission information upon clicking the final “Submit” (or similar) button. Proof of sending (such as an automated computer receipt confirming Submission or “thanks for entering” message) does not constitute proof of actual receipt of a Submission during the Submission Period for purposes of the Competition.
3. Submission Guidelines: Eligible Schools invited to participate in the Competition are required to fill out an online application, available at www.hpdigitalasisist.com (“Application”). The first deadline for Applications to be completed and submitted is by 11:59:59 p.m. Pacific Time on July 31, 2009. In the event that an insufficient number of Applications have been submitted in any Eligible Area in the Competition Entities reasonable discretion, the Competition Entities reserve the right to extend the period to submit Applications until a sufficient number of Applications have been received. Eligible Schools completing their Applications on or shortly before an extended deadline may not receive their HP Digital Assist Seed Grant (as defined below) prior to the start date of the Submission Period due to processing time for equipment fulfillment and delivery. An Application indicates the Eligible School’s intent to accept the invitation to participate in the Competition. If an Eligible School does not complete the application process by the deadline, the Eligible School forfeits its right to participate in the Competition and the Competition Entities may, at their discretion, invite an alternate school to take the place of the forfeiting school in the Competition. In order to be considered for participation in the Competition and receive a Seed Grant, each Eligible School must complete the application process in a timely manner including acceptance of HP grant terms and conditions and full completion of an Application. Upon acceptance of an Application by the Competition Entities, an Eligible School will be deemed a “Participating School”.
Each Participating School must designate a current faculty member or administrator as their primary contact for the Competition (“Primary Contact”). The Primary Contact will be responsible for receiving the Seed Grant and submitting Submissions. Each Participating School shall create two (2) school management accounts (”School Accounts”) on the Website, one which will be accessible only to the Primary Contact and a second which will be accessible to all Competition participants at the Participating School.
Individuals eligible to provide a Submission to a Primary Contact for submission must be students who are currently enrolled in the 7th or 8th grades at the Participating Schools who are (“Eligible Students”). Teams comprised of Eligible Students (“Teams” and each, a “Team”) must create sports-related, digital media projects, in the form of a video, presentation, photo essay and/or website that showcases their knowledge of a targeted science, math or reading comprehension concept(s) (each a “Submission”). Incorporating an NBA team as a theme into the school project is encouraged, but not required. The NBA is providing digital clips, photos and logos from the 2008-09 NBA Season that Primary Contacts can access through the Website and 2008-09 NBA statistics that are available on NBA.com (such digital clips, photos, logos and statistics, the “Materials”). Team members must be Eligible Students. Teams may vary in size but may not be comprised of more than five (5) Eligible Students. A Participating School may have more than one team, however, there is a limit of five (5) unique Submissions per Participating School. Teams shall provide a Submission to their Primary Contact for submission on behalf of the Participating School, and Participating School selected will receive a grant or grants, as provided in these Official Rules; no party other than a Participating School, including Primary Contacts, Eligible Students or Teams, will receive a grant. All Submissions in the Competition are made only by Participating Schools and nothing in these Official Rules shall be construed to imply that any Primary Contact, Eligible Students or Teams are directly making Submissions. Multiple Submissions from a single Participating School may not be substantially similar, and may be disqualified if found to be substantially similar, in Sponsor’s sole discretion.
Participating Schools must obtain, from each Eligible Student participating in the Competition, parental or guardian consent and waiver for the Eligible Student’s participation and must furnish such consent and waiver to Sponsor upon request. Furthermore, Sponsor may require forms of waiver, in such form and substance deemed appropriate by Sponsor, to be signed by Participating School employees, including their respective Primary Contact.
Each Participating School is responsible for selecting up to five (5) Submissions from among all projects created by its Teams. Submissions must be in compliance with these Official Rules and selected according to the guidelines provided in the learning toolkit to be provided to each Primary Contact (the “Learning Kit”), the terms of which are incorporated herein by reference, and on the Website. In the event of a conflict between the terms of the Learning Kit and the Website, the terms of the Learning Kit shall govern. Each Participating School and Primary Contact is solely responsible for the selection of Submissions to be officially submitted to the Competition.
To submit a Submission, the Primary Contact will upload a completed Submission or Submissions to the Website during the Submission Period, following the online instructions found on the Website, and complete the short online survey also found on the Website. Audio or video Submissions may not exceed 3 minutes in length, must be in a digital format, and may be no larger than 200 MB in size. Pre-recorded footage, music of any kind and all third-party materials used in the video is prohibited, with the exception of the materials that are provided by the Competition Entities or that are otherwise obtained in accordance with the restrictions set forth in these Official Rules. A Submission may be displayed for public viewing on the Website and elsewhere, in Sponsor’s sole discretion. A Submission must be primarily in English with English translation for any significant foreign text/language. Submissions that are not properly submitted and received by the end date and time of the Submission Period (as stated in Section 2) or that do not comply with these Official Rules will be ineligible. Any other attempted form of submission is void. Sponsor reserves the right to verify all Submissions. Automated Submissions are prohibited, and any use of any automated devices or systems to submit Submissions is prohibited and may cause disqualification from the Competition.
BY SUBMITTING A SUBMISSION, EACH PARTICIPATING SCHOOL ACKNOWLEDGES THAT ITS SUBMISSION MAY BE POSTED ON SPONSOR’S WEBSITE(S), IN SPONSOR’S DISCRETION. SUBMISSIONS POSTED TO THE SPONSOR’S WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE PARTICIPATING SCHOOLS AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Competition Entities does not constitute a general waiver of any obligation of Participating Schools. Providing a Submission grants the Competition Entities and its agents an unlimited, worldwide, perpetual, license and right to publish, use and publicly perform the Submission in any way, in any and all media, without limitation, and without additional consideration to the Participating School. By submitting a Submission, each Participating School agrees on its own behalf and each of its respective participating employees and Eligible Students’ behalf, that its Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Participating School irrevocably assigns and transfers to Sponsor on its own behalf and each of its respective participating employees and Eligible Students’ behalf, all of its and their right, title and interest in and to its Submission, including, but not limited to, all copyright and trademark rights which it or they may have, in the United States and worldwide, therein, for past consideration, the receipt and sufficiency of which is hereby acknowledged. Each Participating School hereby waives on its own behalf and each of its respective participating employees and Eligible Students’ behalf, in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Participating School may now or later have to its Submission. Sponsor reserves the right to alter, change or modify the winning Submission, in its sole discretion. Upon request of Sponsor, Participating Schools shall execute and deliver, and shall cause its employees and Eligible Students (or parents or guardians of such Eligible Students) to execute and deliver, such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, such failure shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from any Participating School, that the Participating School shall secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for past consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Submission. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, such failure shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s). All Submissions, including, without limitation, all materials submitted therewith become the property of the Sponsor, subject to the NBA’s rights in the Materials, and will not be acknowledged or returned, and, in fact, may be destroyed. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND CONTENT. ANY SUBMISSION (OR ANY PORTION THEREOF) THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICAL RULES WILL BE DEEMED INELIGIBLE.
Any Submission that, in the sole opinion of Sponsor, is considered inappropriate, obscene, indecent, hateful, tortuous, defamatory, slanderous, libelous, objectionable, or otherwise not suitable for publication will be deemed ineligible. A Submission must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products or commercial artwork (other than those of the Competition Entities approved for use by such entities). A Submission must not contain any political or religious statements. A Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, is inappropriate or injurious (as determined in Sponsor’s sole discretion) to any individual, any Competition Entity, or any third party; and a Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any of the 50 United States. A Submission must not contain any harmful or illegal activity. Each Submission must be suitable for presentation in a public forum, as determined in the sole discretion of Sponsor. Any depiction of the NBA and HP’s respective products must not suggest inappropriate, unlawful, or dangerous use of the products. A Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity. A Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message. A Submission cannot defame, misrepresent or contain disparaging remarks about any Competition Entity or other people, products or companies. With the exception of the Materials or any other materials provided by Sponsor, a Submission cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses. A Submission cannot contain copyrighted materials (other than those provided by the Sponsor) owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission. A Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. A Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Competition Entities wish to associate. Materials provided by the Sponsor must be used in their original form and may not be modified or manipulated in any manner. Modification or manipulation of the materials provided by the Sponsor may result in disqualification. By submitting a Submission, each Participating School warrants and represents that: (a) the Submission is a Team’s original work; (b) the Submission has not been previously published; (c) the Submission has not won previous awards; (d) the Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) such Participating School has obtained permission from any person who’s name, likeness or voice is used in the Submission; (f) publication of the Submission via various media including World Wide Web posting, will not infringe on any third party rights; and (g) it has complied, and its Submission complies, with these Official Rules. By participating in the Competition, each Participating School, on its behalf and all of its employees and Eligible Students’ behalf, agrees to indemnify and hold harmless, the Competition Entities from any claims to the contrary. Any Participating School whose work includes likenesses of third parties or contains elements not owned by the Participating School (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use, including Sponsor’s use of such Submission, in a form satisfactory to Sponsor, upon request, and, in any case, prior to award of an HP Mobile Digital Classroom Implementation Grant, Second Place Grant or Third Place Grant, if applicable.
Each Participating School agrees that its participation in the Competition, its agreement to abide by these Official Rules, and any Competition Entity’s display and use of a Submission made by it, will not violate any agreement to which such Participating School or, to the Participating School’s knowledge, any other person featured or mentioned in or who assisted in making the Submission is a signatory or party. Sponsor reserves the right to, and may or may not, monitor/screen Submissions for compliance with these Official Rules. By providing a Submission, Participating Schools and Eligible Students (or parents/legal guardians of Eligible Students) acknowledge that Sponsor has no obligation to use or post any Submission provided by any Participating School.
By submitting a Submission, Participating Schools agree that: (a) its Submission(s) are gratuitous and made without restriction, and will not place any of the Competition Entities under any obligation and (b) Sponsor is free to disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to any Participating School. Each Participating School acknowledges that, by accepting its Submission or Submissions, Sponsor does not waive any rights to use similar or related ideas previously known or unknown to Sponsor, or developed by its employees, or obtained from sources other than the Participating School.
Sponsor reserves the right, in its sole discretion, to disqualify from the Competition and/or remove from the Website any Submission or part of a Submission (including materials posted to the Website prior to submission) that, in its sole discretion, refers, depicts, or in any way reflects negatively upon any of the Competition Entities or any other person or entity or does not comply with these Official Rules.
Please see the HP’s privacy policy at http://welcome.hp.com/country/us/en/privacy.html for details of its policy regarding the personal information collected in connection with the Competition.
4. NBA Seed Grant Visit (6 total, 1 per Eligible Area): As soon as practicable after the Application deadline, each of the up to 120 Participating Schools will be awarded an HP Digital Assist Seed Grant (as described in Section 7 of these Official Rules) to assist them in developing digital media Submissions for the Competition. Actual delivery timeframe of Seed Grant equipment is contingent on timely completion of Applications by Eligible Schools, acceptance of HP grants terms and conditions by Participating Schools, approval and acceptance of Applications by Competition Entities, and equipment order fulfillment and delivery timeframes.
One (1) Participating School in each of the Eligible Areas will be selected by Competition Entities from among all Participating Schools for the particular Eligible Area to have the Participating School’s Seed Grant delivered by an NBA player from the Eligible Area’s local team and team representatives (“Seed Grant Visit”). The Seed Grant Visit will be scheduled at a date and time to be selected by Competition Entities, in their sole discretion, and is subject to availability.
5. Early Submission Grant (6 total; 1 per Eligible Area): The first Participating School in each Eligible Area to complete a Submission and successfully submit the Submission on the Website shall receive an Early Submission Grant (as detailed in Section 7). The deadline to be eligible for an Early Submission Grant is October 23, 2009. Odds of receiving an Early Submission Grant depend solely on the time at which a Submission is submitted and the time at which other Submissions are submitted, for the respective Eligible Area and compliance to the Competition Guidelines set forth on the Website (the “Guidelines”) and these Official Rules.
6. Competition Judging: Beginning November 21, 2009 and ending December 11, 2009, all eligible Submissions for each respective Eligible Area will be reviewed by a panel of judges consisting of representatives of the NBA Entities and HP and/or invited guests of Competition Entities. Submissions will be judged based on the following equally weighted criteria: (1) Creativity & Innovation: how Teams demonstrate creative thinking, construct knowledge, and develop innovative products and processes using technology; (2) Communication & Collaboration: how Teams use digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning of others; (3) Digital Citizenship: how Teams demonstrate their understanding of human, cultural, and societal issues related to technology and demonstrate practice legal and ethical behavior; (4) Technology Operations & Concepts: how well Teams demonstrate a sound understanding of technological concepts, systems and operations.
Submission eligibility may be determined based upon compliance with the Guidelines, these Official Rules and appropriate use of the Material or other materials provided by the Competition Entities (i.e., how well Teams conform the Submissions using provided content to the Asset Guidelines provided in the Learning Kit).
For each Eligible Area, the Participating School submitting the Submission with the highest total score among all of the judging criteria will be deemed the First Place Grant Winning School for that Eligible Area, subject to verification. The Participating School submitting the Submission with the second highest score will be deemed the Second Place Grant Winning School for that Eligible Area, subject to verification. The Participating School submitting the Submission with the third highest score will be deemed the Third Place Grant Winning School for that Eligible Area, subject to verification. In the event of a tie, the tying Submissions will be evaluated by a panel of new judges consisting of NBA and HP representatives and/or invited guests of Competition Entities, who will be asked to re-review the Submissions according to the judging criteria outlined herein. In the event that Submissions are still tied, a new judge designated by the Competition Entities will re-review the tied Submissions according to the judging criteria outlined herein. Winners will be announced on or about December 14, 2009. The judges decisions are final and binding in all matters relating to this Competition. Winners will be notified via e-mail, overnight mail and/or phone. Sponsor is not responsible for any change in e-mail, mailing address and/or telephone number of the Primary Contact of the Participating School.
7. Grants:
Seed Grant (up to 120): Each Participating School will receive, as soon as practicable after the Application deadline, two (2) HP Elite Book Tablet PCs with expansion bases, DVD drives, ultra-slim batteries & carrying cases (HP EliteBook 2730p or similar) and one (1) HP Photosmart All-in-One inkjet printer with extra black and color cartridges, photo paper & printer cable (HP C6380 or similar) (“Seed Grant”). Approximate List Price Value of each Seed Grant: $5,400. As all Participating Schools shall receive a Seed Grant, Participating Schools are encouraged to make the Seed Grant equipment available to Teams and teachers participating in the preparation of the Participating Schools’ Submission(s). The Seed Grant equipment is for each Participating School to keep and use; maintenance and security of the Seed Grant equipment is the responsibility of the school.
Early Submission Grant (6 total, 1 per Eligible Area): The Participating School in each Eligible Area who is first to successfully submit a Submission (as detailed in, and subject to, Section 5 of these Official Rules) will receive: a pizza party for fifty (50) people (students and faculty), which consists of four (4) cases of Dasani beverages, 17 large pizzas, delivery charge/tip and miscellaneous paper plates/napkins; fifty (50) tickets to an NBA game (including chaperone tickets) and $10 food vouchers; fifty (50) T-shirts; and a visit to the Participating School by an NBA player (subject to availability). Approximate Retail Value of each Early Submission Grant: $2,330.
First Place Grant (”HP Mobile Digital Classroom Implementation Grant”) (6 total; 1 per Eligible Area): One (1) Participating School in each Eligible Area (each a “First Place Grant Winning School”) will be awarded an HP Mobile Digital Classroom Implementation Grant, which consists of: 25 HP Tablet PCs; 1 inkjet and 1 LaserJet printer; mobile storage cart; wireless router; projector and a professional development program for a cadre of 5 teachers which includes a mentored, online learning course and teaching/learning resources and experiences for students and teachers (the foregoing components of each First Place Grant have an Approximate List Price Value of $75,000); fifty (50) tickets to an NBA game in the Eligible Area along with Concession Vouchers; and fifty (50) T-shirts (the NBA game tickets, Vouchers and T-Shirts components of each First Place Grant have an Approximate Retail Value of $1,850). Total Approximate Value of each First Place Grant and trips as described below: $80,850. The First Place Grant Winning School may also be publicly recognized in-arena at the NBA game for which tickets are awarded.
Each First Place Grant Winning School will have the opportunity to host a press event with the local NBA team in the Eligible Area (“Press Event”). Press Event is subject to availability and will be on a date and time to be determined by the Competition Entities.
Additionally, two (2) representatives from each of the six (6) First Place Grant Winning Schools and/or their respective school districts, as selected by the Competition Entities with the advice of the winning school or its respective district, will be invited to participate in a Technology and Education Forum to be held during some portion of the NBA All Star Game Weekend in Dallas, Texas, currently scheduled for February 12-14, 2010 (“Dallas Trip”). Moreover, two (2) representatives from each of the six (6) First Place Grant Winning Schools will be invited to participate in the largest education technology conference in the world, ISTE 2010 (formally NECC), in Denver, Colorado, currently scheduled for June 2010 (“Denver Trip”). For representatives from First Place Grant Winning Schools outside of the greater Dallas area, the Dallas Trip includes round-trip, coach class air transportation for each representative from a major commercial airport near the representative’s home within their respective Eligible Area to Dallas Texas; and roundtrip ground transportation between the destination airport and hotel; and one (1) double occupancy standard hotel room (to be shared by both representatives from the First Place Grant Winning School) for such number of nights and days necessary to attend all Technology and Education Forum events as determined by the Competition Entities. Approximate Retail Value of Prize: $2,000/each. The Denver Trip includes round-trip, coach class air transportation for each representative from a major commercial airport near the representative’s home within their respective Eligible Area to Denver, Colorado; one (1) double occupancy standard hotel room (to be shared by both representatives from the First Place Grant Winning School) for three (3) nights/four (4) days; and roundtrip ground transportation between the destination airport and hotel. Approximate Retail Value of Prize: $2,000/each. Actual value of trips may vary based on point of departure and airfare and hotel rate fluctuations. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified by Sponsor or the relevant travel portion of the First Place Grant will be forfeited; no alternative travel dates are available. Travel must originate from and end at the same airport. Exact travel dates and arrangements subject to availability. Representatives from a single First Place Grant Winning School must travel on same itinerary. Each representative must sign and return a travel release before any ticketing of travel occurs. Representatives must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. None of the Competition Entities shall be liable for any missed games or opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Winner may be required to provide a credit card (for example, to cover incidental expenses) at time of hotel check-in.
Second Place Grant (6 total; 1 per Eligible Area): Each Second Place Grant Winning School will receive: an HP Classroom Digital Printing Grant consisting of four (4) HP Photosmart, OfficeJet and/or LaserJet printers, associated HP toner, ink cartridges and print media, and a Snapfish Gift Certificate (the foregoing components of each Second Place Grant have an Approximate List Price Value of $5,000); (50) tickets to an NBA game in the Eligible Area along with Concession Vouchers; and fifty (50) T-shirts (the NBA game tickets, Vouchers and T-Shirts components of each Second Place Grant have an Approximate Retail Value of $1,850). Total Approximate Value of each Second Place Grant: $6,850. The Second Place Grant Winning School may also be publicly recognized in-arena at the NBA game for which tickets are awarded.
Third Place Grant (6 total; 1 per Eligible Area): Each Third Place Grant Winning School will receive: a class kit of thirty (30) HP graphing calculators (calculators contained in each Third Place Grant have an Approximate List Value of $3,000); a pizza party for fifty (50) people (students and faculty), which consists of four (4) cases of Dasani beverages, 17 large pizzas, delivery charge/tip and miscellaneous paper plates/napkins; fifty (50) T-shirts; ten (10) Indoor/Outdoor Spalding Basketballs (pizza party, T-Shirts and basketballs components of each Third Place Grant have an Approximate Retail Value of $1,330). Total Approximate Value of each Third Place Grant: $4,330. Spalding is not a sponsor of and in no way is affiliated with this Competition.
General Grant Conditions: Winning schools must accept grants as stated and accept HP’s grant terms and conditions, or the relevant grant will be forfeited. Grants cannot be transferred, redeemed for cash or substituted, but Competition Entities reserves the right to substitute a Grant of equal or greater value at its sole discretion. Final HP products granted will be based on local availability. Substitutions are possible. All grant items, including game ticket dates and times, are subject to availability. Game ticket dates and times will be decided in the Competition Entities’ sole discretion. Competition Entities do not assume responsibility for cancelled, delayed, suspended or rescheduled games due to factors beyond their control. Game tickets will not be replaced for any reason, including but not limited to, lost, misplaced, mutilated, illegible or stolen tickets or if an event is cancelled, delayed or suspended. The actual values of tickets are subject to event pricing. Ground transportation, gratuities and all other expenses not specified herein (including any taxes incurred on grants) are winning Participating School’s responsibility. The difference between any stated grant value and actual grant value will not be awarded. Minors attending any grant-related event must be accompanied by all times by a parent, legal guardian, or authorized chaperone. Limit one (1) grant per Participating School, regardless of the number of Submissions submitted.
By accepting these Official Rules, each Participating School acknowledges and agrees that the timing of delivery of Seed Grants depends solely on the time that Participating School submits its Application. Each Participating School understands that it will each receive the Seed Grant upon the Competition Entities review of the Application, and any delay on behalf of the Participating School to submit its Application and receive a Seed Grant shall not form a basis for any claim, complaint or action regarding the issuance of any grant made to any Participating School.
8. General Conditions: As a condition of participating, Participating Schools, on behalf of themselves and each of their respective participating employees and Eligible Students, agree (and agree to confirm in writing) (a) that the Competition Entities, their respective parents, subsidiaries and affiliated companies and all of their respective officers, directors, employees, representatives and agents are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the grants or participation in the Competition or any Competition-related activities, including travel related thereto; (b) under no circumstances will they be permitted to obtain awards for, and each hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with the Competition, or any grant awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Except where legally prohibited, winning Participating Schools, on behalf of themselves and each of their respective participating employees and Eligible Students, grant (and agree to confirm such grant in writing) permission to the Competition Entities, and those acting under their authority, the right to the use of each of their names, pictures, likenesses, voices, biographical information and statements, 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. Winning Participating Schools may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of receipt of notification. If documents are not returned in a timely fashion, or if the grant notification or grant is returned as non-deliverable, or if a winning Participating School is found to be ineligible or otherwise not in compliance with these Official Rules, the grant will be forfeited. With respect to the products provided by Sponsor in connection with the Competition, such products are subject only to the express limited warranties that ship with such products. SPONSOR MAKES NO OTHER WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO PRODCUTS AWARDED IN CONNECTION WITH THE COMPETITION, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EACH PARTICIPATING SCHOOL LOCATED IN CALIFORNIA AGREES THAT IT UNDERSTANDS THAT IT MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, EACH ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In the event of any discrepancy between these Official Rules and any promotional, advertising or marketing materials (including the Guidelines and the Website), the terms of these Official Rules will govern. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Limitations of Liability: Neither Sponsor, nor any of the other Competition Entities, nor their agencies are responsible for lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered mail, Submissions or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone 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 submission or other information or the failure to capture, or loss of, any such information. Neither Sponsor, nor any of the other Competition Entities, nor their agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Competition; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor is not responsible for any printing, typographical or clerical errors in any promotional, advertising or marketing materials, including these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the submission process or operation of the Competition or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor is not responsible for any injury or damage to persons (including Participating Schools) or property, including such person’s computer (including computers granted in connection with grants made as part of the Competition), hardware or software, which injury or damage may be caused or related to or resulting from, whether directly or indirectly, in whole or in part, from entrant participating in the Competition or downloading or copying materials from, or use of, the Website. If, for any reason, the Competition, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition, and determine winning Participating Schools from eligible Submissions received prior to such corrupting or similar action, or as otherwise deemed fair and equitable by Sponsor. Any attempt by any person to deliberately damage the Website or undermine the legitimate operation of the Competition is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys’ fees) from any such person to the fullest extent permitted by law.
10. Governing Law: By providing a Submission, Participating Schools agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By providing a Submission, Participating Schools consent to the jurisdiction and venue of the federal, state and local courts for Santa Clara County, California.
11. Winners List: For a list of winning schools, send a self-addressed (VT residents may omit return postage) envelope to: HP Digital Assist Winners, P.O. Box 3184, Young America, MN 55558-3184. Requests must be received by July 1, 2010.
12. Sponsors: The Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California 95304-1185 and NBA Properties, Inc., Olympic Tower, 645 Fifth Avenue, New York, NY 10022.
Other Competition Entities: NBA Cares, 645 Fifth Avenue, New York, NY 10022
International Society for Technology in Education, ISTE, 180 W. 8th Avenue, Eugene, OR 97401
