2019 TEAM UP FOR TECHNOLOGY TERMS AND CONDITIONS ACKNOWLEDGEMENT FORM
1.HOW TO ENTER: Visit jimmiejohnsonfoundation.org (“Website”) and follow the on-screen instructions to complete the Team Up for Technology Nomination Form (“Form”) and submit an entry to the Team Up for Technology Initiative (“Initiative”). Individuals may submit only one (1) Form. The first Form received from an individual will be considered the final entry. Nominations must be received by 5:00 p.m. (ET) on Friday, October 4, 2019.
2.ELIGIBILITY: Only one (1) nomination per individual. The first online nomination received will be considered the final entry. The Initiative is offered only in the United States and is only open to residents of the United States who are eighteen (18) years of age or older. The Initiative is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law. Employees (as well as their immediate family members, parents, children, siblings, spouses and others living in the same household, whether related or not) of the Jimmie Johnson Foundation (“Foundation”), Jimmie Johnson Racing, II Inc., and each of the foregoing entities’ affiliates are not eligible to enter. All entries become the sole property of the Foundation.
To be nominated for the Initiative, a school must be a K-12 public or charter school located in the United States (“School”) that has been open and fully operational for a minimum of two (2) years. Entrants are responsible for confirming whether their School has any policies or restrictions concerning participation in promotions such as this. Prizes are subject to such School policies. If, for any reason, any School is unable to accept a prize due to School policies, the prize may be forfeited and the Foundation will not have any further obligation to such School or entrant. Odds of being selected will depend on number of eligible entries received.
3.ROUND ONE SELECTION: The Foundation will review all nomination Forms and will select no more than fifteen (15) nominated Schools to complete an Information Form/Letter of Inquiry via the Foundation’s online grant management system. The Information Form/Letter of Inquiry must be submitted by 12:00pm (noon) ET on Friday, October 18, 2019. The Foundation will select a total of ten (10) Schools to move on to Round Two, based on the details provided in the Information Form/Letter of Inquiry and in its discretion.
4.ROUND TWO ENTRIES: Each of the ten (10) Schools that are selected to move to Round Two as a semi-finalist (“Semi-Finalist”) will be notified via email and/or telephone no later than Monday, October 21, 2019. If any e-mail to a potential Semi-Finalist is undeliverable, any phone number provided by a potential Semi-Finalist is incorrect or no longer in service, a response to any given e-mail or phone call is not received by the Foundation within two (2) business days of date of its issuance or any potential Semi-Finalist does not comply with these Terms and Conditions, the opportunity to participate in Round Two of the Initiative and to be eligible for the grand prize may be forfeited and, at the Foundation’s sole discretion, an alternate Semi-Finalist may be selected.
Each Semi-Finalist who timely responds to the above referenced e-mail or phone call will be issued a Video Contest Kit, to be received on or before Friday, October 25, 2019, consisting of: participation guidelines, Team Up for Technology Grant Application Instructions, and a Semi-Finalist prize package consisting of: one (1) Canon PowerShot ELPH 190 IS20 Digital Camera (Estimated Retail Value (“ERV”) $168.99), one (1) PNY 16GB SD Memory Card (ERV $16.49) and one (1) HP Pavilion Laptop (model 15cs2064st 156) (ERV $829.99). Total ERV of each Semi-finalist Prize package is $1015.47.
Each Semi-Finalist, as part of the Application, will be required to complete a Written Application via the Foundation’s online grant management system, as well as produce and submit a video demonstrating how a technology makeover can help improve their School. The video and required documentation must be submitted to the Foundation by 5:00 p.m. (ET) on Friday, December 6, 2019 as detailed in the participation guidelines. Any semi-finalist school that does not submit the required application materials must return the Video Contest Kit to the Jimmie Johnson Foundation. Semi-Finalist schools must use the equipment provided in their Video Contest Kit to create their video. The Foundation reserves the right to disqualify any video submission and corresponding Application and Semi-Finalist if not compliant with these Terms and Conditions or any other guidelines provided by Foundation, as determined by the Foundation in its sole discretion. Any student and all persons depicted in a video must have submitted to the Foundation its form written photo release by the deadline specified above. In the event a student or person who has not submitted a photo release is depicted in a video, the video in question, the Application and the Semi-Finalist will be disqualified. All video submissions become the property of the Foundation and will not be returned. Except as otherwise provided herein, the Foundation will not enter into any correspondence with a Semi-Finalist regarding any video submission.
Video submissions must be the original work of the Semi-Finalist School, may not have been previously published, may not have won previous awards, and must not contain or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the video contains any individuals other than the Semi-Finalist, the Semi-Finalist is responsible for obtaining, prior to submission of the video, any and all releases and consents necessary to permit the use and exhibition of the video by the Foundation in the manner set forth in these Terms and Conditions, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the video. The Foundation reserves the right to request proof of these permissions in a form acceptable to the Foundation from any Semi-Finalist at any time. Failure to provide such proof may, if requested, render video and Application null and void. By submitting a video, each Semi-Finalist warrants and represents that they and any persons appearing or who are identifiable in the video consent to the submission and use of the video in the Initiative and to its use as otherwise set forth herein.
5.LICENSE: The Foundation has the irrevocable perpetual right and license to use the entries or any portion thereof in press and promotional materials and on its Website. By entering, each entrant and School unconditionally assigns and transfers to the Foundation all rights, title, interest and claim, which he/she/it now has or may in the future have to his/her/its entry, video, and Application and any element(s) embodied therein. The Foundation and its designees shall have the perpetual, irrevocable, royalty-free and unrestricted right to edit, publish, use, adapt, reproduce, exploit, modify or dispose of any entry, Application and video submission and all elements thereof, online, in print, film, television, radio, or in any other media now or hereafter known throughout the world. A School’s completion of the Application as well as acceptance of the prize constitutes a perpetual royalty free license as set forth above and for the Foundation and its agencies to use the School’s name, logo and/or likeness for purposes of advertising and promotion and the production, licensing and/or sale of Initiative merchandise without further compensation.
6.WINNING SCHOOL NOTIFICATION: One (1) School will be selected by the Foundation, in its sole discretion, from the Semi-Finalists who have timely and properly submitted the Application and video, as the winner of the grand prize package described below (“Winning School”). The Winning School principal will be notified by telephone and/or e-mail on or about Friday, December 20, 2019 and will have two (2) business days to respond to such notification by the method specified therein. If any e-mail to a potential Winning School is undeliverable, any phone number provided by a Semi-Finalist is incorrect or no longer in service, a response to any given e-mail or phone call is not received within two (2) business days of date of its issuance or any potential winner does not comply with these Terms and Conditions, the prize may be forfeited and, at the Foundation’s sole discretion, an alternate winner may be selected.
GRAND PRIZE DETAILS: The Winning School will receive the grand prize, consisting of a $48,000 cash grant (awarded in the form of a check) from the Foundation to be used to purchase technology items detailed in the Application. Technology items can include, but are not limited to computers, tablets, printers, smart boards, cabling, wireless access points, etc. Grant funds cannot be used to purchase furniture (other than charging carts) or to pay for training and/or salaries. The Jimmie Johnson Foundation reserves the right to approve and/or deny expenses, at their sole discretion.
By accepting the Grand Prize, the Winning School agrees to submit a minimum of two reports to the Foundation (in May 2020 and December 2020) explaining in detail how the grant funds were used and the impact of the technology makeover on the school community. Failure to submit the required reports on or before the deadline may require repayment of all or a portion of the grant award.
7.PRIZE LIMITATIONS: All prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Foundation. Semi-Finalist winners and the Winning School may not substitute, assign or transfer any prize or redeem any prize for cash, but the Foundation reserves the right, at its sole discretion, to substitute the prize (or portion thereof) with one of comparable or greater value. Semi-Finalists and the Winning School will be responsible for all taxes and any other costs and expenses associated with acceptance and use of the prizes except as expressly stated in these Terms and Conditions. All prize details are at the sole discretion of the Foundation.
8.GENERAL RULES: No substitution or transfer of a prize by the Winning School or Semi-Finalists is permitted. By participating in this Initiative, entrants and the Schools agree to be bound by the Terms and Conditions and the Foundation’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Initiative materials and the terms and conditions of the Terms and Conditions, the Terms and Conditions shall prevail, govern and control. All material, videos, Applications and entry Forms submitted become the sole property of the Foundation, will not be returned and may be used in perpetuity for advertising and promotional purposes by the Foundation without any further compensation. The Foundation is not responsible for any typographical or other error in the printing of the offer, administration of the Initiative, the Terms and Conditions, or in the announcement of the winners.
9.LIMITATIONS OF LIABILITY: The Foundation is not responsible for any incorrect or inaccurate information, including, without limitation, that which is caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Initiative or by any technical or human error which may occur in the processing of entries in the Initiative. The Foundation assumes no responsibilities for any error, omission, interruption, deletion, or defection, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries in processing the Initiative entries. The Foundation is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of email or entries on account of technical problems or traffic congestion on the Internet or at any web site associated with the Initiative. The Foundation is not responsible for cheating or fraud by any entrants. If, for any reason, the Initiative is not capable of running as planned, the Foundation may, in its sole discretion, cancel, terminate, modify or suspend the Initiative. By participating, entrants and Schools agree to indemnify, release and hold harmless the Foundation, Jimmie Johnson, Jimmie Johnson Racing II, Inc., and/or any of the foregoing entities’ affiliates, partners, members, shareholders, agents, attorneys, employees, and directors (collectively “Indemnified Parties”) from any and all claims or demand for any damage, liability, cause of action or injury of any kind or nature whatever arising from the School’s and/or entrant’s participation in the Initiative, including any unauthorized use of or infringement of any trademark, service mark, copyright, patent, process, method or devise or other proprietary right by the Indemnified Parties and/or an entrant in connection with the logos, regardless of whether such claims are based in negligence, strict liability, or under any other theory. This indemnity shall continue in perpetuity. Each entrant and/or School assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Initiative. No acceptance or approval of the Foundation of any entry shall affect the Indemnified Parties’ rights hereunder.
10.NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS INITIATIVE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Foundation is not responsible for incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Initiative. Any damage made to the Website will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Foundation. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. The Foundation reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Terms and Conditions.