PBS Digital Innovators 2018

Terms and Conditions

Terms and Conditions



1. ENTRY PERIOD: The PBS Digital Innovators All-Stars Program 2018 (the “Program”) sponsored by Public Broadcasting Service (the “Sponsor”) begins at 5:00 PM Eastern Time (“ET”) on December 4, 2017 and ends at 5:00 PM Pacific Time (“PT”) on January 17, 2018 (the “Entry Period”).

2. ELIGIBILITY: The Program is a trade promotion offered only within the 50 United States, Puerto Rico, Guam, the US Virgin Islands, and the District of Columbia (collectively, the “Eligibility Area”). There are two types of participants who are eligible to participate in the Program: [a] “Nominators”, which are PBS member stations invited to participate in the Program; and [b] “Nominees”, who are individuals listed on Sponsor’s list of current/former PBS Digital Innovators and who must also be legal residents of the Eligibility Area, 18 years of age and older, employed full-time by a school or school district (which serves students in any grade from pre-Kindergarten through Grade 12) during the 2017-2018 school year, and who intend to continue such employment in the 2018-2019 school year. Employees, officers and directors of Sponsor, WGBH Educational Foundation, their respective parents, subsidiaries, affiliates, member stations, advertising and promotion agencies (including any entity involved in the development, administration, promotion, or implementation of the Program, collectively, the “Program Parties”), and members of the immediate families (spouses and parents, children and siblings and their spouses) and persons living in the same household of such individuals are not eligible to be a nominee. Any determinations of eligibility will be made by the Sponsor whose decisions are final and may be made at any time. Void outside the Eligibility Area and where prohibited.

3. AGREEMENT TO TERMS AND CONDITIONS: Participation in the Program constitutes Nominees’ full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of Sponsor, which are final and binding. Winning a prize or title is contingent upon fulfilling all requirements set forth herein. Any Nominee may be disqualified at Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Terms and Conditions. Please Note: It is each Nominee’s sole responsibility to review and understand their employer's policies regarding the eligibility to participate in trade promotions such as this Program. By participating in the Program, each Nominee represents and warrants that his/her school has full knowledge of his/her actions in conjunction with the Program, and has consented to the Nominee’s participation. The Released Parties (as defined below in Section 12) hereby disclaim any and all liability or responsibility for disputes arising between an employee and their employer related to this Program.

4. ENTRY PROCESS: The entry process is comprised of the following two steps, each of which must be completed during the Entry Period in order for the applicable entry to be considered for judging:

Step 1 – Nomination form: On or about December 4, 2017, the primary education contact of each eligible PBS Member Station (each, a “Station”) will receive a list of potential Nominees, along with information on the ideal qualities a Nominee should possess and how to submit make a nomination. A Station may only nominate Nominees who work within that Station’s service area. To submit a nomination, the Station must create an original nomination letter (formatted to fit on a single page in PDF, DOC, DOCX, or PAGES format) in accordance with the provided instructions, and submit the nomination letter at https://pbslearningmedia.forms... along with any other requested information, so that the nomination letter and completed nomination form are received during the Entry Period. Please refer to Sections 5-7 below for more entry requirements, and to Section 8 for judging criteria.

Step 2 – Nominee form: Once a Station has identified the Nominee(s) they plan to nominate in the Program, the station should contact each such Nominee, verify the Nominee’s interest in being nominated, and request that the Nominee complete the online Nominee Form at https://pbslearningmedia.forms... during the Entry Period. Please refer to Sections 5-7 below for more entry requirements, and to Section 8 for judging criteria.

A valid entry is comprised of the following properly completed and timely submitted related elements: [a] the Nomination form; [b] the nomination letter; and [c] the Nominee form. Duplicate entries will be void.

5. PROGRAM ENTRY REQUIREMENTS AND RESTRICTIONS: Each entry must be the work solely of, and original to, the applicable participants. Information presented in entries must be true and verifiable. Any elements that appear in an entry, including, without limitation, brand names, logos, or images, must be either: (a) entirely original, created by the participant; (b) property of the Sponsor; or (c) in the public domain. Use of any other elements may result in disqualification of an entry, in the Sponsor’s sole discretion. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, or violent material, or materials which promote violence. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements may be considered void and may not be considered in the judging of this Program, in Sponsor’s sole discretion. Entries that are deemed by Sponsor in its sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be disqualified. Entries must not have been previously entered in any other promotion or published in any medium. Entries must not violate any law or regulation.

6. PARTICIPANT'S REPRESENTATIONS: By submitting an entry, each participant represents and warrant that (a) they are the creator of their portion of the entry, (b) their portion of the entry is wholly original, (c) their portion of the entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (d) their portion of the entry has not previously been entered in any other promotion, (e) their portion of the entry has not been previously published in any medium, and (f) they own all rights to their portion of the entry. By submitting an entry, participants further represent and warrant that they have obtained written permission from each person whose name, image, likeness and/or voice ("Likeness") is included in their portion of the entry, that such person(s) have granted the participant all necessary rights to use the person's Likeness as described in these rules, and that the participant can and will give written copies of such permissions to the Sponsor upon request. If an entry includes the Likeness of a person who is under the age of 18 or under the age of majority in his/her jurisdiction of residence, whichever is greater (a “Minor”), such grant of rights must include written permission from the Minor's parent or legal guardian, authorizing the use of the Minor's Likeness on behalf of the Minor. Sponsor's determination as to whether any entry potentially violates the rights of any third party is final.

7. SPONSOR’S RIGHTS TO ENTRIES: By participating, each participant grants the Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or any portion thereof (with or without using the participant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the applicable participant or any other party. By participating, each participant forever waives any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the entry that may preclude the Sponsor’s use of the entry, or require such participant’s permission for the Sponsor to use the entry. By participating, each participant further agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the entry, or any derivative works, infringe any of such participant’s rights, including, without limitation, copyrights, or moral rights. Each participant further acknowledges that the Sponsor is in no way obligated to broadcast, publish or use any entry in any way. Nothing herein shall constitute an employment relationship between any Nominee and the Sponsor.

8. JUDGING CRITERIA AND WINNER DETERMINATION: All eligible entries will be scored in an initial round of judging by Sponsor’s designated judges, who will use each of the following criteria (the “Judging Criteria”) in equal proportion, to determine the extent to which they believe the Nominees are:

  • PASSIONATE: possesses a strong and powerful interest in their role as an educator, demonstrated through active engagement in activities, causes, movements, innovations, or learning that supports the future of education and the teaching profession

  • BOLD: shows an ability to take risks and be confident and courageous in their career as an educator

  • ACCOMPLISHED: used their time as a PBS Digital Innovator (and since) to make change in education and

    inspire their students

  • A LIFE-LONG LEARNER: demonstrates a desire to continually learn and grow to better serve their students and

    advance the teaching profession

  • WELL-RESPECTED: is highly regarded or admired amongst the education community and local/national PBS


  • CONNECTED TO EDUCATOR COMMUNITY: has a strong following via social networks and/or is an active

    participant in local associations or learning communities

  • CONNECTED TO PBS: engaged with their local station and/or national PBS in meaningful ways during their time

    as a Digital Innovator

  • HIGH- IMPACT: serves students and families in under-resourced communities.

    In the event of a tie in the initial round, the tie will be broken based on the highest “CONNECTED TO PBS” score. Then, in a second round of judging from among a Sponsor-determined quantity of the highest scoring Nominees, Sponsor will select between 25 and 54 Nominees that it feels would, together, make the strongest and most balanced group of PBS Digital Innovator All-Stars, all as determined in Sponsor’s sole discretion and pending each potential PBS Digital Innovator All-Star’s verification of eligibility and continued compliance with these Terms and Conditions. Sponsor reserves the right in its sole discretion to name fewer than 25 PBS Digital Innovator All-Stars if fewer than 25 nominations of sufficient quality are received. It is anticipated that the judging process will be completed on or before February 2, 2018. The decisions of Sponsor and its designated judges are final and binding. Potential winners will be notified in accordance with Section 10 below.

9. OPPORTUNITIES FOR PBS DIGITAL INNOVATOR ALL-STARS: Please review http://www.pbs.org/education/d... for a complete description of the opportunities for the selected PBS Digital Innovator All-Stars, and note the following additional information: As part of their opportunities, each verified PBS Digital Innovator will receive a three-day, all-expense paid trip to Chicago, Illinois during June 2018 to participate in the 2018 PBS Digital Innovators Summit for two (2) days, and to attend the ISTE Conference for one (1) day (the “Trip”), including: round trip coach air travel for winner (traveling alone, without a guest) to the Chicago, Illinois area from the major gateway airport closest to winner’s residence; single occupancy hotel accommodations for two (2) nights; attendance at certain portions of the aforementioned Summit and Conference; ground transportation between destination airport, hotel, and Summit/Conference; and all meals. Any Trip details not specified herein shall be determined by Sponsor in its sole discretion. Airports, airlines, hotel, and any other elements of the Trip will be selected by Sponsor in its sole discretion. The total approximate retail value (“ARV”) of the Trip is $1,949. Actual value may vary based on fare fluctuations and point of departure. The winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Terms and Conditions. Trip must be taken on dates specified by Sponsor in winner’s notification materials (currently anticipated to occur on three adjacent days during the timeframe of June 22-26, 2018 but subject to change at the sole discretion of Sponsor) or prize will be forfeited in its entirety. All travel is subject to approval of Sponsor. Winner is responsible for all necessary travel authorizations and documents (including government issued picture identification and/or passport with necessary validity, as required). For the avoidance of doubt, round trip coach air travel is limited to one plane seat per traveler. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select accommodations in its sole and absolute discretion. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Prize winner is also responsible for obtaining travel insurance (and all other forms of insurance) at his/her own option and expense, and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The winner may be required to provide a major credit card at the time of hotel check-in, to cover room security and incidentals. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically included as part of the prize, are not included as part of any prize package, and are solely the winner’s responsibility, including, but not limited to: additional ground transportation, travel insurance, room service, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. By accepting a travel prize, the winner represents that he/she understands that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. The winner furthers represents that he/she recognizes that such risks may be present at any time before, during and after the trip. In order to be considered a travel prize winner and partake of the enjoyment of this trip, the winner must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor's request. If a winner lives within 200 miles of the selected destination (as determined by Sponsor), Sponsor reserves the right in its sole discretion to substitute ground transportation in lieu of airfare for that winner, and any difference in value will not be awarded. Sponsor reserves the right to add additional prizes at any time, in its sole discretion, and to amend these Terms and Conditions to include descriptions of such additional prizes, if any.

10. WINNER NOTIFICATION/VERIFICATION: Each potential winner will be notified on or about February 5, 2018 by phone and/or e-mail, to verify his/her eligibility and ability to accept the applicable prize. If such a potential winner is not available or if there is no answer at the time any notification telephone call is made, a phone message will be left (if possible). Any such phone message or e-mail will instruct the potential winner to call a specified telephone number or reply by e-mail within five (5) days after the time that the notification message was left. Potential winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such five (5) day period, or he/she will be disqualified. In Sponsor’s sole discretion, such potential winners may only be notified one time as set forth above for attempted prize notification. Nominees associated with a winning entry will subsequently be required to complete an affidavit of eligibility and a liability, intellectual property and (where legal) publicity release, and provide any additional information that may be required by Sponsor, within the time period specified in the notification document. Each winner who wins a prize valued at a total of $600 or more will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. Any potential winner may be disqualified in Sponsor’s sole discretion (and/or the applicable prize forfeited) if: (a) the Nominee fails to provide any required information or properly completed documents within the required time period; (b) the Nominee fails to comply with any of the terms of these Terms and Conditions; or (c) if any prize or prize notification is returned as undeliverable, any e-mail or phone message is not timely replied to, or any forms sent to potential winners/prize recipients are not timely returned as instructed. In the event of disqualification or prize forfeiture, at Sponsor’s sole discretion the applicable prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect or missing postal address, e- mail address or phone number associated with an entry, or any change of address, e-mail or phone number of Nominee after entry submission.

11. TAXES AND ADDITIONAL PRIZE RESTRICTIONS: All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the prize recipients. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. Prizes may differ from any prizes shown in promotional materials. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. The preceding excludes any express warranties on Sponsor's products; such warranties being limited by their stated terms/conditions. Winners are responsible for registering their prizes in order to obtain manufacturer’s warranty coverage (if any such coverage is available), and for all arrangements/shipping relating to the use of any such warranty coverage. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.

12. GENERAL CONDITIONS: The Program Parties, ISTE, and their respective parent and subsidiary companies and affiliates, together with the respective officers, directors, employees, representatives, agents, shareholders, successors and assigns of each (aforementioned individuals and organizations collectively, “Released Parties”) are not responsible for and shall not be liable for (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected, damaged, incomplete entries or postage-due mail; (d) any printing or typographical errors in any materials associated with the Program; (e) any disputes between any participant(s); or (f) any condition caused by events beyond the control of the Sponsor that may cause the Program to be disrupted or corrupted. In the event that the operation, security, or administration of the Program is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Program to address the impairment and then resume the Program in a manner that best conforms to the spirit of these Terms and Conditions; (b) award prizes according to the Judging Criteria from among the applicable eligible entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Program or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. By participating in this Program, Nominees agree to waive any right to claim ambiguity or any deficiency in these Terms and Conditions or the Program, including its administration. The failure of the Released Parties to comply with any provision of these Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Released Parties (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms and Conditions. Sponsor reserves the right to modify these Terms and Conditions for purposes of clarification without materially affecting the terms of the Program.

13. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Program, Nominees agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Program or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Program; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Program; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Program or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Nominee’s participation in the Program or receipt of any prize.Nominees further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Program, and in no event shall the Released Parties be liable for attorney’s fees. Nominees waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The Program and any related website are provided by Sponsor on an ‘AS IS’ basis. Sponsor makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on any related website. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

14. INDEMNITY: Each Nominee hereby agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of such Nominee’s participation in this Program or otherwise in connection with this Program, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

15. PUBLICITY: By participating in the Program, each Nominee grants to Sponsor and its affiliated companies the right, except where prohibited by law, to use such Nominee’s name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. Nominees shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of their name, picture, likeness, address (city and state), biographical information, or entry. Further, as a condition of participation, Nominees may be required to provide a photograph for purposes of publicity, except where prohibited.

16. DISPUTES/CHOICE OF LAW: Except where prohibited, each Nominee agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any prizes awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program but in no event attorneys’ fees; (c) under no circumstances will a Nominee be permitted to obtain awards for and Nominee hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (d) each Nominee's remedies are limited to a claim for money damages (if any) and each Nominee irrevocably waives any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Nominee and/or Released Parties in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard for conflicts of law doctrine of Virginia or any other jurisdiction, and all proceedings shall take place in Arlington County, Virginia. All Nominees hereby consent to the jurisdiction of such courts and waive any defense of inconvenient forum.

17. COLLECTION AND USE OF PERSONAL INFORMATION: By participating in the Program, Nominees agree and consent to Sponsor’s collection, use and retention of their personal information provided in connection with their nomination for all purposes related to the Program (including, without limitation, processing and administering entries, sharing an Nominee’s personal information with Sponsor’s service providers, contractors, and prizing partners, as necessary to conduct and operate the Program, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Program) as well as in accordance with Sponsor’s Privacy Policy published at www.pbslearningmedia.org/help/privacy-policy, provided that in the event of any conflict between these Terms and Conditions and such Privacy Policy, these Terms and Conditions shall prevail.

18. WINNERS’ LIST: For the names of individuals selected as 2018 PBS Digital Innovator All-Stars, please send a self- addressed, stamped envelope to “List of 2018 PBS Digital Innovator All-Stars,” 2100 Crystal Drive, ATTN: Allie Toomey, Arlington, VA 22202 by May 1, 2018.

Sponsor: Public Broadcasting Service, 2100 Crystal Drive, Arlington, VA 22202

Any third-party trademarks appearing in these Terms and Conditions or in the advertising of this Program are the property of their respective owners, are used for descriptive purposes only, and do not imply any sponsorship or endorsement of this Program.