1. DESCRIPTION: The Desire2Learn® Edge Challenge 2012 (“Prize Program”) is designed to motivate and reward Participants who develop innovative, creative, functional and original applications related to learning. Prizes will be awarded to those Participants who submit the best Entries as determined in the sole discretion of the Judges. No purchase is necessary to enter or win.
2. SPONSOR: The Prize Program is sponsored by Desire2Learn Incorporated (“Desire2Learn”), an Ontario corporation with principal place of business at 151 Charles Street West, Suite 400, Kitchener, Ontario, Canada N2G 1H6
3. BINDING AGREEMENT: In order to enter the Prize Program, you must agree to these Terms and Conditions (“Terms”). Therefore, please read these Terms prior to entry to ensure you understand and agree. After reading the Terms and in order to participate, each Participant must click the “I understand and agree” box (or the equivalent) on the Prize Program entry webpage. Once the Participant clicks the “I understand and agree” box (or the equivalent), the Terms form a binding legal agreement between each Participant and Desire2Learn with respect to the Prize Program and each submission made by the Participant. Participants may not submit an entry to the Prize Program and are not eligible to receive the Prizes described in these Terms unless they agree to these Terms. If a Participant is part of a team, each member of the team must read and agree to these Terms.
Special Note to Participants who are entering as part of a team: If a Participant enters as part of a team, the Participant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must accept the Terms in the manner specified by Desire2Learn. Furthermore, a Participant that is part of a team understands and agrees that if his/her team is selected to receive a Prize, the team is responsible for ensuring the Prize is appropriately distributed to each member of the team and each member of the team must agree upon the distribution. In addition, once a team has registered, the team may not add, remove, or substitute members or otherwise change the composition of the team for the duration of the Prize Program. Finally, the eligibility of the Participant is tied to the team’s eligibility; if one member of the team does not comply with these Terms or is disqualified, the team as a whole will be disqualified. Team size is limited to five (5) individual members, each of whom must be a natural person.
Special Note to Participants who are entering as a business entity: If a Participant is entering as part of a business entity, corporation, or other legal entity (hereinafter collectively referred to as “Business Entity”), Participant warrants that the appropriate corporate officers, executives, managers or other persons who have the authority to approve Participant’s entry into this Prize Program have approved the Participant’s entry and the Participant understands that these terms will be binding on both the Participant and his/her Business Entity. Furthermore, the Participant understands that if the Participant enters without obtaining the appropriate approval, Desire2Learn may, in its sole discretion, disqualify the Participant’s entry. Finally, if a Business Entity is selected to receive a Prize, a corporate officer or person entitled to bind the Business Entity will be required to validate that the Participant is entitled to receive the Prize on the behalf of the Business Entity and the corporate officer or person entitled to bind the Business Entity must provide the appropriate information for payment of the Prize.
Where Desire2Learn has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Desire2Learn. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence. Desire2Learn undertakes no obligation to provide any translation of the English version of the Terms.
Desire2Learn reserves the right to amend, alter or modify these Terms at any time without notice to you. You shall be deemed to accept any amendment, alteration or modification to these Terms by continuing to participate in the Prize Program after any such amendment, alteration or modification.
4. ELIGIBILITY: The Prize Program is open to individuals, teams of individuals, and business entities (each individual, each team, each individual member of a team, and each entity is referred to as a “Participant” in these Terms) worldwide, except as set forth below, who have agreed to these Terms (as described in Section 3) and who are of the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and meet any applicable U.S., national, state, local, or provincial legal requirements for participation. The Prize Program is void in, and not open to residents of, Cuba, Iran, Syria, North Korea, Sudan, Myanmar, or to individuals and entities restricted by Canadian or U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by Canadian, U.S. or local law. In addition, the Prize Program is void in, and not open to residents of the Province of Quebec, Canada. Employees of (i) Desire2Learn, (ii) the parent companies, affiliates and subsidiaries of Desire2Learn, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside and/or those living in the same household of each), and (iii) members of the Desire2Learn Partner Network are not eligible to participate in the Prize Program. Desire2Learn reserves the right to verify eligibility and to adjudicate on any dispute at any time.
5. PRIZE PROGRAM TIMELINE: All Entries must be submitted before the end of the Submission Period. The Submission Period ends at 11:59:59 P.M. Eastern Time (ET) Zone in the United States and Canada on April 30th, 2012.
Short Listing will be open until 11:59:59 P.M. ET on May 12th, 2012 at the latest; however, Desire2Learn reserves the right, in its sole discretion, to terminate the Short Listing earlier if it determines that all Entries have been sufficiently judged.
Final Judging will be open until 11:59:59 P.M. ET on June 1st, 2012 at the latest; however, Desire2Learn reserves the right, in its sole discretion, to terminate the Final Judging earlier if it determines that all Entries have been sufficiently judged.
Prizes will be awarded only after the Final Judging as set forth in these Terms. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
6. REGISTRATION: All Participants must provide certain registration information prior to receiving the Prize, including but not limited to full name, mailing address and a working email address (“Registration Information”). Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential Prize recipient may be required to show proof of being the authorized account holder for that email address. The “authorized account holder” is the natural person assigned to an email address by the relevant provider of email services. Individuals and teams of individuals must provide the Registration Information for each and every individual involved with the Entry and every individual who is part of the team must agree to the Terms in the manner specified by Desire2Learn. Participants registering as a Business Entity must provide this information for an individual vested with the legal authority to bind the Business Entity to these Terms. All Participants awarded Prizes must verify their identity with Desire2Learn before any Prizes are distributed.
7. SUBMISSION PERIOD
a. SUBMISSION OF ENTRIES: To qualify for a Prize, an “Entry” to the Prize Program consists of an original application and a video demonstrating the application. As of the end of the Submission Period entrants must maintain a link to both the original application and the video on their team project page to be used during the judging process. However, Desire2Learn is not responsible for any claims or disputes between one Participant and any other Participant regarding the ownership of the Entry or the content within the Entry. Desire2Learn may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises.
A Participant may only submit one Entry. All submissions will be considered for all prizes.
An Entry (or substantially similar application by the same Participant) must not have previously been generally available prior to the end of the Submission Period. Finally, any Entry for which the Participant received substantial development help from Desire2Learn is ineligible. Determinations as to whether (1) an Entry or substantially similar application was generally available, or (2) an Entry is the product of substantial development help from Desire2Learn, will be made by Desire2Learn in its sole discretion and will be final and binding.
Desire2Learn may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if it determines that a submitted Entry (or substantially similar application from the same Participant) was generally available, or is the product of substantial development help from Desire2Learn.
b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
c. CONTENT: Entries must comply with all copyright laws. In addition, any Entry containing sexual, violent, abusive, harassing, offensive, or insulting content may be disqualified. All determinations regarding compliance with these content policies will be made at Desire2Learn’s sole discretion and will be final and binding.
8. SHORT LISTING: After the Submission Period ends, all eligible Entries will be judged by staff of Desire2Learn. The results of the short listing process are at the sole discretion of Desire2Learn and results are final and binding.
a. QUALIFICATION: For Short Listing, the staff of Desire2Learn will consider each Entry under the following judging criteria:
(1) Originality –Does the application introduce a great new idea?
(2) Impact — What is the importance of this solution to individual learners or learners collectively. Judges may use social network or other feedback around the team page to assist with evaluating this.
(3) Immediacy–Is the application ready to use and complete (including ease of use and design aesthetic)
Entries deemed “Qualifying Entries” in the Short Listing will advance to the Final Judging.
9. Final Judging
a. ENTRIES: Final Judging is only for entries short listed as Qualifying Entries. The same application submitted by these Participants for the Short Listing will be distributed for Final Judging. There is no opportunity to improve or modify an application between the Short Listing and Final Judging.
b. JUDGING: All Qualifying Entries for the Final Judging will be judged by:
(1) “eLearning Leaders” who are experts in the field of software development, software innovation, pedagogy or learning. Desire2Learn will select the “eLearning Leaders”.
(2) Learner Panel consisting of students attending a higher education institution and selected by Desire2Learn.
Selection by the “eLearning Leaders” will be used to award the Grand Prize. Selection by the Learner Panel will award the Learners’ Choice Award. The selection for Grand Prize disqualifies the submission for consideration for the Learners’ Choice Award.
c. SELECTION: The selection process used by the judging group will conform to the judging criteria of 8.a qualification. Decisions by the Judges are final and binding.
* All potential Prize recipients will be announced on or about June 1st, 2012.
a) Grand Prize – Airfare and Hotel in San Diego for two team members and one team mentor to attend Desire2Learn’s 2012 Fusion Conference. One hour demo and Q&A meeting eLearning Leaders and Desire2Learn Academic and Business Leadership. Approximate prize value is $5000 CAD.
b) Learners’ Choice Prize – Airfare and Hotel in San Diego for two team members and one team mentor to attend Desire2Learn’s 2012 Fusion Conference. One hour demo and Q&A meeting eLearning Leaders and Desire2Learn Academic and Business Leadership. Approximate prize value is $5000 CAD. Desire2Learn has added a cash prize of $25,000 USD to the Grand Prize specified in these Terms. Please refer to the the prize page at http://www.desire2learn.com/edgechallenge/prizes/ for more details.
All Prizes are contingent on Participant’s compliance with these Terms. Desire2Learn may at its sole discretion substitute prizes of equal or greater value. Additional prizes may be added at Desire2Learn’s discretion. Prizes have been added in addition to those specified in these Terms. Please refer to the http://www.desire2learn.com/edgechallenge/prizes/ for more details.
c. DISTRIBUTION OF PRIZES: Desire2Learn is not responsible for decisions on the division or distribution of the prizes among or between team members or Business Entities. Instead, decisions on how to distribute or divide any prize among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity.
In the event the Participant is a member of a Business Entity, Desire2Learn will award the applicable Prize to the individual identified by a person with authority to bind the Business Entity. The Business Entity is then responsible for any division of the Prize. In addition, a corporate officer or a person entitled to bind the Business Entity must also approve the receipt of the Prize.
Failure to comply with these requirements will mean that the team or Business Entity has forfeited the applicable Prize and Desire2Learn may, in its sole discretion, select an alternative Participant to receive the Prize.
d. TAXES: PAYMENTS TO POTENTIAL PRIZE RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO DESIRE2LEARN ALL DOCUMENTATION REQUESTED BY DESIRE2LEARN TO PERMIT IT TO COMPLY WITH ALL APPLICABLE CANADIAN, UNITED STATES, PROVINCIAL, STATE, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL GRANTS WILL BE NET OF ANY TAXES DESIRE2LEARN IS REQUIRED TO WITHHOLD. ALL TAXES IMPOSED ON THE PRIZE, OTHER THAN THOSE DESIRE2LEARN IS REQUIRED TO WITHHOLD, ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENT.
In order to receive a prize, potential prize recipients must submit the tax documentation requested by Desire2Learn or otherwise required by applicable law, to Desire2Learn or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential prize recipient’s country of residence. The potential prize recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential prize recipient fails to provide such documentation or comply with such laws, the prize may be forfeited and Desire2Learn may, in its sole discretion, select an alternative potential prize recipient.
e. NOTIFICATION: Participants who are chosen as potential Prize recipients will be notified by email on or about May 24, 2012.
f. RELEASE: All Participants who are selected to receive a Prize will be required to agree to the terms of an Affidavit of Eligibility, Liability and Publicity Release, and/or other documents prior to receiving the Prize. If a team or Business Entity is selected as a potential Prize recipient, all members of the team or a person with the authority to bind the Business Entity, must agree to the terms of these agreements and must identify the individual that is to receive the Prize. Failure to comply with this requirement or to submit any of these documents within the time period specified within the documents may mean that the Participant and team both have forfeited the applicable Prize and Desire2Learn may, in its sole discretion, select an alternative Participant to receive the Prize.
11. GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from Desire2Learn, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Prize Program deems that Participants agree to be bound by these Terms and by the decisions of Desire2Learn and the Judges, which are final and binding on all matters pertaining to this Prize Program. Under no circumstances shall the submission of an Entry in the Prize Program, the awarding of a Prize, or anything in these Terms be construed as an offer or contract of employment with Desire2Learn. Failure to respond to notification of potential award of a Prize may result in disqualification and selection of an alternate Prize recipient. A Participant may be prohibited from participating in this Prize Program if, in Desire2Learn’s sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Prize Program by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, Desire2Learn, or the Judges.
You acknowledge and understand that Desire2Learn may independently develop applications that may be similar to or identical to your Entry in terms of theme, idea, function, or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Desire2Learn and that no such relationship is established by your submission of an Entry to Desire2Learn under these Terms.
You acknowledge that Entries may be subject to Canadian, United States or other local export laws, regardless of location or nationality. You agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce’s Export Administration Regulations, sanctions programs administered by the United States Treasury Department’s Office of Foreign Assets Control, and any export laws applicable in your country of residence. You warrant that all of your Entries are authorized for export from Canada and the United States under these and other applicable laws.
12. INTELLECTUAL PROPERTY RIGHTS: As between Desire2Learn and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission, including the right to distribute the application commercially. As a condition of entry, Participant grants Desire2Learn a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any Entry that Participant submits to this Prize Program for the purposes of allowing Desire2Learn to test and evaluate the Entry for purposes of the Prize Program, to administer the technical and other requirements of the Prize Program including distribution of the Entry to the Judges, and to advertise, display, demonstrate, or otherwise promote Desire2Learn. Participant specifically agrees that Desire2Learn shall have the right to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the Desire2Learn platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
Participant also grants to the Judges a limited, non-exclusive, and worldwide license to perform, display, and use the Entry. If Participant chooses, Participant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that date is later than the date marking the end of the Prize Program. Participant may not charge a fee for the download of an Entry by the Judges.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
* The data controller is Desire2Learn and the data recipients are Desire2Learn and its agents;
* Your data is collected for purposes of administration of the Prize Program;
* You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Desire2Learn Incorporated, Attn: Legal Department, 151 Charles Street West, Suite 400, Kitchener, Ontario, Canada N2G 1H6;
* Your personal data may be transferred to the U.S. or Canada.
14. WARRANTY AND INDEMNITY: All Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and all included content, that no third parties will make any challenge or claims as to ownership or fraud, and that they have the right to submit the Entries in the Prize Program and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law, Canadian law or the law of the Participant’s country of residence.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Desire2Learn at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Desire2Learn and the Judges, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Prize Program; (c) any non-compliance by the Participant with these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant’s involvement with the Prize Program. To the extent permitted by law, Participant agrees to hold Desire2Learn, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Prize Program and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of Desire2Learn.
15. ELIMINATION: Any false information provided within the context of the Prize Program by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right or non-compliance with these Terms, or the like may result in the immediate elimination of the Participant from the Prize Program. Desire2Learn further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Terms, or violates U.S., Canadian or applicable local law in Participant’s country of residence.
16. NETWORKS: Desire2Learn is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Desire2Learn is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Desire2Learn is not responsible for inaccurate transmissions of or failure to receive entry information by Desire2Learn on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Desire2Learn. If for any reason the Prize Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Prize Program, Desire2Learn reserves the right at its sole discretion to cancel, terminate, modify or suspend the Prize Program. Desire2Learn further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Prize Program. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Prize Program is a violation of criminal and civil laws and should such an attempt be made, Desire2Learn reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
17. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of the Province of Ontario, Canada, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Prize Program are hereby excluded, and all Participants expressly waive any and all such rights.
18. WINNER’S LIST: You may request a list of winners after May 24, 2012 by writing to:
Desire2Learn Incorporated, Attn: Edge Challenge Committee, 151 Charles Street West, Suite 400, Kitchener, Ontario, Canada N2G 1H6.