Funder: The All Children Reading Partners (World Vision, Inc. (WVUS), the United States Agency for International Development (USAID), the Australian Government), and Pearson, and any people acting on their behalf.
Applicant: The eligible individual, team, business or organization that has submitted an Application into the competition.
Application: This term refers collectively to the Intellectual Property Rights and other information contained within an applicant’s submission.
- Eligibility. We are unable to award cash prizes to suppliers of goods and services that do not meet the nationality and source definitions as referenced in 22 CFR 228.11 and 12, specifically geographic code 937. Geographic code 937 currently excludes Cuba, Iran, Libya, and North Korea.
- Submission Period. Applications will be accepted from October 26, 2017 to January 19, 2018, 23:00 EST. Any Applications after this date and time will be rejected without exception.
- Transmission of Applications. World Vision, on behalf of the Funders, will make reasonable efforts to transmit Applications to the judges; however, if the content of the application is not appropriate nor relates to the competition, the Funder reserves the right to exclude the proposed idea from the competition without notice.
- Additional Assistance. By submitting your Application you thereby agree to provide reasonable assistance and additional information concerning your submission to the Funder, if requested.
- Acceptance of Application and License to Use. Funder will notify you within a reasonable period of time after February 26, 2018 whether your Application has been selected by the Funder for an Award. The Funder will use an expert judging panel to judge all Applications against the Judging Criteria and determine which Application(s) best addresses the Challenge Requirements. The Funder has absolute and sole discretion to determine whether to accept your application, or any applications, and whether to make an Award, or multiple Awards. Applicant acknowledges and agrees that Funder is not responsible for and has no liability for the selection of a winning applicant. Applicant further agrees to hold Funder legally harmless regarding selection of a winning solver. Applicant agrees to hold Funder legally harmless for any advice it may provide as to the quality or suitability of submitted solutions and agrees to waive any claim against Funder for Applicant’s failure to win an award. The meeting of the Non-negotiable Requirements does not automatically mean that the Application will be eligible for an Award. Applications and descriptions thereof may not include trademarks or trade names of corporations or entities without the permission of their owners.
- Representations and Warranties. Applicant represents and warrants that:
All information provided by you regarding yourself and, if applicable, your business (“Applicant Information”) is true, accurate, current, and complete information and you will maintain and update the Applicant Information to keep it true, accurate, current and complete.
If you are an individual representing a business or other entity, you are authorized to enter into this Agreement on behalf of that business or entity.
Unless otherwise disclosed in the Application, you are the owner of the Application and the Application does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.
Applicant warrants that all Applications under this Agreement including any intellectual property Applicant brings under this Agreement, does not and will not violate, infringe or misappropriate any intellectual property rights of any third party, governmental or judicial authority and does not infringe any copyright or other proprietary rights, including the right of privacy or publicity. Further, such Applications shall not contain material that is scandalous, libelous, obscene, or knowingly violates rights of privacy or publicity, or any other rights of any person, firm or entity, or is contrary to the laws of the United States or the country such work is performed in.
By entering, you represent and warrant that:
i. Your entire Application is an original work by you and you have not included third-party content (such as writing, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Application, unless (a) otherwise requested by the Funder and/or disclosed by you in your Application, and (b) you have either obtained the rights to use such third-party content or the content of the Application is considered in the public domain without any limitations on use;
ii. No person or entity other than you has any right, title or interest in any part of your Application;
iii. Unless otherwise disclosed in the Application, the use thereof by Funder the exercise by Funder of any of the rights granted by you under this Agreement, does not and will not infringe or violate any rights of any third party or entity, including, without limitation patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights;
iv. You have all the rights, licenses, permissions and consents necessary to submit the Application and to grant all of the rights that you have granted to Funder hereunder, including the right for Funder to use and develop derivative works of and from the Application;
v. All persons who were engaged by you to work on the Application or who appear in the Application in any manner have:
a. Given you their express written consent to submit the Application for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
b. Provided written permission to include their name, image or pictures in or with your Application (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by Funder to provide permission in writing;
c. No claims for payment of any kind, including, without limitation, for royalties or residuals, has no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Application; and
d. Not been and are not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Application; and
vi. By entering, you agree that: (i) all Applications become Funders property and will not be returned; (ii) Applicant (and its authorized representatives) have the unlimited right to alter and/or edit the Application or any part or element thereof; and (iii) Funder and its licensees, successors and assigns have the right to use any and all Applications, and the names, likenesses, voices and images of all persons appearing in the Application, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
vii. To receive an Award, Applicants will not be required to transfer their intellectual property rights in an Application to Funder; however, Applicants retained rights are subject to the following rights granted by Applicant under this Agreement:
a. Each Applicant shall provide the Applicants with an open source version of the Application and made publicly available under the [Creative Commons CCO Universal (CCO 1.0) Public Domain Dedication]; and
b. By participating in the Challenge, each Applicant hereby irrevocably grants to Applicants, and any third parties acting on an Applicant’s behalf, an irrevocable, paid up, royalty-free, non-exclusive, worldwide right and license, with the right to sublicense on multiple tiers, and right to publicly display, publicly perform, copy, distribute, develop and create derivative works from the winning Application (s) for any charitable or public interest purpose, regardless of whether such use is commercial or non-commercial; and you understand, recognize and accept that Funder has access to, may create or has created materials and ideas which may be similar or identical to the Application in concept, theme, idea, format or other respects. You acknowledge and agree that Funder shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from Funders use of such materials. In the event that your entry is identical or similar to the Application of another Applicant, Applicant reserves the right, at the sole discretion of the Funder, to either score one Application higher than the other subject to the Challenge Requirements and Judging criteria or to randomly choose an Application from all of those submitted which respond to the Challenge Requirements.
- Indemnification. Applicant agrees to indemnify and hold harmless the Funder and any of its affiliates or subsidiaries, and all of the directors, officers, agents, contractors, volunteers and employees of the Funder and such affiliates and subsidiaries, against any and all claims, losses, expenses or liabilities, including, but not limited to, injury, death and/or damage to property, which may arise in the performance of this Agreement, except to the extent that such claims or liabilities arise from the gross negligence of Funder or its affiliates or subsidiaries.
Applicant will defend, indemnify and hold harmless the Funder, its Affiliates, and their respective directors, officers, employees and agents from and against all Claims to the extent that such Claims arise out of or relate to:
The breach of any representation, warranty or covenant by Applicant contained in this Agreement;
i. The negligent or willful acts or omissions of Applicant or its partners resulting in any bodily injury or death to any person or loss, or damage to tangible or intangible property; and
ii. Applicant (or its partners) infringement, misuse or misappropriation of any third- party IP rights; Applicant (or its partners) failure to comply with applicable laws, rules or regulations.
8. Amendments. The Funder reserves the right to amend these terms and conditions, change the awards on offer, or revise the timeframes for or cancel the Challenge, at any time. Applicants will be notified of any such changes by email to the address which they have notified to the Funder, and/or on allchildrenreading.org, but will be bound by the changes from the time they take effect, whether or not such notification is actually received.