2022-23 OZY Genius Awards Program (“Program”) Application Guidelines

 

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1.                  Program Overview: The OZY Genius Awards will award up to $10,000 to ten (10) college students to allow them to pursue their genius ideas that have the potential to make real change in the world. The idea presented in the Program application must articulate a Project that can be accomplished by September 30, 2023, allowing approximately 4-5 months after the award Recipients are confirmed and for a budget of no more than $10,000.

2.                 Eligibility: 2022-23 OZY Genius Awards Program (the “Program”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least the age of majority in their state of residence (eighteen)(18) years old in all states, except nineteen (19) in Alabama and Nebraska) and are currently enrolled as a full-time undergraduate student at an accredited college or university at the time of this Program. The officers, directors, employees of Ozy Media, Inc., AT&T (“AT&T”), and their agents and persons engaged in the development, production or distribution of materials for this Program and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Program is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

3.                  Sponsor: Ozy Media, Inc., 800 W El Camino Real #260, Mountain View, CA 94040.

4.                 Agreement to Application Guidelines: Participation in this Program constitutes applicant’s full and unconditional agreement to these Application Guidelines. Sponsor’s decisions are final and binding in all matters related to this Program. Being granted an award is contingent upon fulfilling all requirements set forth herein.

5.                 Timing: The Program begins on September 8, 2022 at 9:00 a.m. Pacific Time (“PT”) ends on October 31, 2022 at 11:59 p.m. PT (the “Program Period”). Sponsor’s computer is the official time-keeping device for the Program.

6.           How to Apply: During the Program Period, each “Applicant” must visit https://genius.ozy.com/application-form/ (the “Program Site”) and follow the links and instructions to complete and submit the application, including the following personal information:

a.                  Name,

b.                  mailing address,

c.                  email address (associated with your college/university),

d.                  date of birth,

e.                  name of the college/university in which are currently enrolled as a full-time undergraduate

student; and

f.                   the name, email address, phone number of two (2) references.

Applicant’s references may not be immediate family members and Applicant must have permission to provide their information to Sponsor in connection with this Program. References will only be contacted for “Finalists” (defined below).

Next, respond to the following questions about yourself and your “Genius Proposal,” herein your “Submission.” Your Submission must be something that has the potential to create real change and can be implemented with a $10,000 award:

a.                  Overall description of your project (“Project”) that you believe will create change

(examples of the type of Project include: a writing project, film, community

organization, new product or service, a piece of technology, App, game or other);

b.           Information about yourself;

c.                  Describe why your idea is a genius idea and why you think you’ll be able to deliver it?

d.                  Describe what you believe will be the biggest challenge to completing your Project;

e.                  Upload a budget that describes how you would use the Award (Your budget must be

specific and will be used to determine your Award amount if you are selected as an

award Recipient); and

f.                   Upload your resume.

Should Sponsor, in its sole discretion, believe that any Submission fails to conform to the Program Application Guidelines, Sponsor may disqualify the Submission.

 

Guidelines:

·           The Submission must include only text responses, a Resume, and a budget;

·           The Submission must be in English; and

·           Your resume must be submitted as a PDF and your budget must be submitted in an

“excel” type file format.

 

Permissions: Applicant must have permission from the References included and any other individual who is identified or mentioned in your Submission (excluding individuals mentioned in Applicant’s resume) and to grant the rights set forth herein. If requested, Applicant must be able to provide such permissions or proof in a form acceptable to Sponsor.

 

Content Restrictions:

·           The Submission must be your original work;

·           The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement and therefore must not contain brand names or trademarks;

·           Submission must not contain information considered by Applicant to be confidential;

·           The Submission must not disparage Sponsor, or any other person or party;

·           The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;

·           Your Submission must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, or any activities that are or appear to be dangerous;

·           The 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; and

·           The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.

 

Limit: Each Applicant may upload one (1) Submission during the Program Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the applicant (as long as such person is otherwise eligible in accordance with these Application Guidelines) and must comply with these Application Guidelines. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Applicant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, or misdirected Submissions; all of which will be void.

7.                   Intellectual Property Retained by Applicant: Sponsor does not claim ownership of your Submission. At all times during and after the Program, Applicants retain any intellectual property rights they may have that are contained in and to their Submission. The protection of such intellectual property is the sole responsibility of the Applicant. Applicants should ensure that third parties do not have rights or claims on technologies included in the Applicants’ submissions that could block Applicant’s execution of their Submission. Applicant acknowledges that other applicants may have submitted concepts and/or ideas which are similar or identical to the Genius Proposal submitted by Applicant, or which may have been independently developed by Sponsor or its service providers, or may have come to Sponsor from any other independent source, and Applicant waives any claim against Sponsor relating thereto.

8.               Sponsor’s Use of the Submission: Uploading a Submission constitutes Applicant’s consent to give Sponsor and AT&T a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional, marketing or any other purposes. If requested, Applicant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights applicant is granting to use the Submission.

9.               Finalist & Award Recipient Determination: Up to twenty-five (25) Finalists will be determined and then ten (10) Award Recipients will be selected from the twenty-five (25) Finalists according to the process set forth below.

a.                 Judging: After the Program Period, a panel of qualified judges, determined by Sponsor

in its sole discretion, will select up to twenty-five (25) Applicants with the

highest-scoring Submissions (“Finalists”) based on the following Judging Criteria:

·           Originality of the Submission (35%);

·           Potential that the Submission can create real change (35%); and

·           Evaluation of Applicant’s credentials and commitment to their Submission (20%).

b.            Award Recipient Determination: A panel of judges will contact the references of the

twenty-five (25) Finalists and assess each Finalist’s credentials. If the references provided do not respond to Sponsor, Semi-Finalist’s score for “Evaluation of Applicant’s credentials and commitment to their Submission” will be negatively impacted. Additionally, the twenty-five (25) Finalists will be invited to submit a short video (“Video”) describing their Submission and why it should be picked.  Additional details regarding the Video will be provided to the confirmed Finalists. Then ten (10) award recipients will be selected based on this assessment, as well as judges scoring of the criteria set forth above and review of the Videos. In the event of a tie, the Finalist whose Submission received the highest score for ”Potential that the Submission can create real change,” as determined by the qualified judges in their sole discretion, will be deemed the applicable potential award Recipient from amongst the tied Finalists. Sponsor will not disclose judging scores or reference information provided.

10.           Award Recipient Requirements: Potential award Recipients will be notified by email or phone on or around November 7, 2022. Each potential award Recipient will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited, a Publicity Release and an IRS Form W-9 (here in “Declaration”) agreeing to accept the Award, provide progress reports and a vlog of their progress as requested by Sponsor and complete the Project as set forth in the Submission by September 22, 2023. The Declaration must be received by Sponsor within four (4) days of the date notice or attempted notice is sent, in order to claim the award. Sponsor has the right to verify the ownership and originality of all Submissions and that, upon request, Applicant must submit a written copy of any release or permission Applicant has received from a third-party granting Applicant the right to use such property. Applicant agrees that Applicant understands and acknowledges that in the event Applicant is selected as an award Recipient based on an Application, and Applicant’s ownership, rights and the originality of the Application cannot be verified to the satisfaction of Sponsor in its sole discretion, or is in any other way ineligible, Sponsor may select an alternate Award Recipient.

 

If a potential Award Recipient cannot be contacted, fails to execute and return the Declaration or provide any other requested information within the required time period, or does not comply with these Application Guidelines, potential Award Recipient forfeits the award. If a potential Award Recipient forfeits the award or is disqualified for any reason, the award may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate Award Recipients may be determined, after which the applicable award will remain un-awarded.

11.               Awards: TEN (10) AWARDS: Each Award Recipient will receive an award of up to $10,000. The actual amount awarded will be based on the budget included in award Recipient’s Submission and award Recipient’s completion of the Project. Award amount will be distributed in increments: 33% will be provided within 4-6 weeks of award Recipient confirmation in May 2023, 33% award mid-way through the Project (on or around July 4, 2023, and the balance paid with completion of the Project and compliance with all other items requested by Sponsor (e.g. final report, vlog, etc.) by September 22, 2023. Retail Value of each award is up to $10,000.

 

Awards are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute an award (or a component thereof) for one of equal or greater value if the designated award should become unavailable for any reason. Award Recipients are responsible for all taxes and fees associated with award receipt and/or use. Limit: One (1) award per person.

12.               Release: By receipt of any award, each award Recipient agrees to release and hold harmless the Sponsor, AT&T, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and award suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program or receipt or use or misuse of any award, including any related travel and/or use of the Genius Proposal.

13.               Publicity: Acceptance of any award shall constitute and signify each award Recipient’s agreement and consent that Sponsor and its designees may use the award Recipient’s name, city, state, likeness, photo, Submission, and/or award information, and Genius Proposal, and the results and proceeds of the Project, in connection with the Program for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

14.               General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Program, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism, pandemic, government shutdown) interferes with any aspect of the Program, including but not limited to fulfillment of the award(s) and performance of the Project, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the award Recipients from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the awards offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Application process or the operation of the Program or to be acting in violation of the Application Guidelines of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Application Guidelines shall not constitute a waiver of that provision.

15.           Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by applicant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Program; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Program, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the awards or in any Program- related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from applicant’s participation in the Program or receipt or use or misuse of any award. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

16.               Disputes: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Program, the Application Guidelines, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

 

You agree that whenever you have a disagreement with Sponsor arising out of, connected to, or in any way related to the Program, the Application Guidelines, you will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Application Guidelines. You must send the Demand to the following address (the “Notice Address”): Ozy Media, Inc., 800 W El Camino Real #260, Mountain View, CA 94040. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Sponsor to litigate claims in court and you and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

You agree that you will not file a class action or collective action against Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Application Guidelines, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Sponsor agrees that it will submit all disputes with you to arbitration before the Arbitrator.

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Application Guidelines, or the rights and obligations of the applicant and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules.

17.                Applicant’s Personal Information: Applicant information submitted will be collected and used in accordance with Sponsor’s Privacy Policy, which can be found at http://www.ozy.com/t-n-c/ subject to

the other provisions of these Application Guidelines.

18.               Award Recipient List: Sponsor’s site (OZY.com) will provide a list of the award Recipients after confirmation is complete.

 

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