2017 Inspire Mountain View Community Challenge OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. NO ENTRY FEE. These are the Official Rules (“Official Rules”) that govern an applicant’s participation in the Inspire Mountain View Challenge (the “Contest). BY PARTICIPATING IN THE CONTEST, THE APPLICANT BECOMES A PARTICIPANT AND AGREES TO THESE OFFICIAL RULES SO IT IS IMPORTANT THAT THE APPLICANT READS AND UNDERSTANDS THEM PRIOR TO PARTICIPATING IN THE CONTEST. IN ADDITION, THE APPLICANT UNDERSTANDS AND AGREES THAT THE APPLICANT’S APPLICATION AND THE PERSONAL INFORMATION COLLECTED FROM THE APPLICANT ARE GOVERNED BY THE LOS ALTOS COMMUNITY FOUNDATION PRIVACY POLICY, AVAILABLE AT www.losaltoscf.org. 1. Contest Description The Contest is a grant contest for three grants, one at $25,000, one at $50,000, and one for $100,000 to address issues and/or improve the quality of life in Mountain View, California. The Contest is managed by Los Altos Community Foundation, a nonprofit organization, headquartered at 183 Hillview Avenue, Los Altos, CA 94022 (“LACF”). Judging will be done by a panel of Mountain View community members and through voting by the public. In order to participate in the Contest, applicants must submit ideas, concepts, images, designs, and/or other materials and information, as described in detail below (collectively, the “Application”), to Los Altos Community Foundation in accordance with the terms and conditions specified herein (such applicants become “Participants”). The object of this Contest is to select Mountain View, California based projects. These projects can address a particular issue or improve the quality of life in the community of Mountain View. The contest will have three levels of grants awards, $25,000, $50,000, and $100,000. Applicants specify the level of grant they are seeking when applying. All eligible Applications received will be judged using the criteria described below to determine which Applications will be posted on InspireMV.org (the “Contest Site”) for online voting. Up to 10 applications may be posted for each level for public voting. Of approved Applications which receive the most online votes in their respective level, Los Altos Community Foundation will select one Application to receive a grant as outlined in the Application by the Participant to implement their proposal. Notwithstanding the foregoing, the board of directors of Los Altos Community Foundation retains final control and authority regarding approval of such grants. 2. Eligibility The Contest is open to: • Nonprofit organizations • Another nonprofit, individual, government agency, or for-profit organization that is teamed up with a nonprofit (grants must be given to a nonprofit) Inspire MV Rules 1/30/17 Page 1 of 9 • An organization that is fiscally sponsored by a nonprofit. Grants awards must be given to a nonprofit. All applying nonprofits must operate in the State of California and be currently designated by the IRS to be a 501(c)(3). Any person submitting an Application on behalf of an eligible organization must have the express permission of that organization to enter this Contest, bind the organization to these Official Rules, and accept grant money on behalf of the organization. Employees, directors, and officers of Los Altos Community Foundation, their respective advertising, promotion, fulfillment, or other coordinating agencies (collectively, the “Contest Entities”), and their respective immediate family members and persons living in their same household, whether related or not, are not eligible to submit an Application. Notwithstanding the foregoing, organizations that are fiscally sponsored by the Los Altos Community Foundation remain eligible to submit an Application. Although Los Altos Community Foundation may use mechanisms to verify the eligibility of Participants, voters, and Winners (defined below), Los Altos Community Foundation is under no obligation to verify the eligibility of any particular Participant, voter, or Winner or to take any corrective action as a result of such verification of eligibility. There can be multiple entries from the same organization for grants at different levels. For example, an applicant may submit a proposal for a $25k grant and another one for a $100k grant. Applicants cannot, however, submit more than one proposal for a specific grant level. Regardless of how many proposals are submitted, only one proposal can win per organization. Los Altos Community Foundation, in its sole and absolute discretion, will make the final determination as to which Participants and Applications are accepted and are eligible to take part in the Contest, to be considered for inclusion in the Public Voting Period and on the Site, and/or to receive any grant. 3. Contest Stages As set forth below, the Contest includes: 1. “Application Period”: When Applications can be submitted 2. “Judging Period”: When a panel of community members will judge and select applications for public voting 3. “Public Voting Period”: When the general public can vote on the entries in each level 4. “Review Period”: When Los Altos Community Foundation will review the proposal that received the top number of public votes at each level. It will confirm that each of these is a winner. 5. “Announcement Period”: When the three winners will be announced and publicized. 4. How to Submit an Application The application period begins at 12:00 PM PT on February 14, 2017 and ends at 11:59 PM PT on March 15, 2017. Time and eligibility of entry will be determined by Los Altos Community Foundation in its sole and absolute discretion. During the Application Period, prospective applicants will visit the Site and follow the directions to submit an Application to become a Participant in the Contest. In the event of a dispute regarding who submitted an Application, Los Altos Community Foundation, in its sole and absolute discretion, will determine the identity of the Participant. By submitting an Application Inspire MV Rules 1/30/17 Page 2 of 9 on behalf of an organization, the applicant represents and warrants that he or she has the full authority to bind the organization. It is the sole responsibility of the Participant to notify the Los Altos Community Foundation in writing if the Participant changes his or her e-mail or postal address during the Contest Period. Los Altos Community Foundation may showcase Applications on social media channels. Due to limited social media calendar availability, Los Altos Community Foundation cannot guarantee to showcase any particular Application. Los Altos Community Foundation is not responsible for late, lost, delayed, damaged, incomplete, or unintelligible Applications. Such Applications are not eligible for this Contest. 5. Application Requirements Applications MUST: • be Participant’s own original work, exclusively created by Participant; • be in English; • describe a project that would be implemented in its entirety in Mountain View; • be capable of being implemented with the monetary amount awarded in the grant; • be capable of being implemented within 12 months of grant award; and • provide a level of detail sufficient to show each of the specific activities to be carried out by the applicant and others, if any, necessary to achieve the principal goal(s) of the project. Applications MUST NOT: • be inconsistent with these Official Rules; • suggest legalization of any illegal drugs/activity, alcohol, tobacco, firearms/weapons, prostitution or pornography, or other illegal activities or goods; • attempt to influence legislation within the meaning of Internal Revenue Code Section 501(h) or to influence the outcome of any specific election, or overthrow any government; • suggest or encourage the taking up of arms against any person, government, or entity; • discriminate against, disparage, or denigrate on the basis of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status, physical or mental disability, language, or any other ground prohibited by applicable legislation; • disparage or denigrate a product, service, person, company, or organization including, but not limited to Los Altos Foundation or any other Contest Entity; • encourage the cessation of or act to negatively impact a business or enterprise; • contain any profanities, be overtly sexual, suggest an intent to abuse, or contain suggestions of violence; • involve religious advocacy or proselytizing, defined as acts and intentions to advance a religious denomination or expand membership or encourage conversion; • involve political advocacy such as acts and intentions to advance a particular political party, candidate or to support any particular party, candidate and/or cause, or to expand membership or to encourage membership for a particular political party, candidate or lobbying effort or voter registration drive feature or reference any third party; • describe a project that directly or principally benefits the Participant or any other specific individual (as opposed to the identified community as a whole); • describe a project with a purpose of re-granting potential grant funds to another organization(s); Inspire MV Rules 1/30/17 Page 3 of 9 • infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third-party patents, copyrights, or trademarks; • feature any third-party commercial products and/or company trademarks, logos, brands, or endorsements (including but not limited to third-party logos on street scenes, panoramic views, vehicle license plates, or clothing, such as t- shirts or hats); an Application may contain the name and trademark of an organization to be benefited by a grant, provided prior permission has been obtained from such organization; • use individuals’ names, in whole or in part, without permission; • contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without permission; • contain information considered by the Participant, its employees or personnel, or any other third party to be confidential; or • Encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any law. By submitting an entry, Participant agrees to at all times comply with these Official Rules. Participant also represents and warrants that Participant has all rights and permissions necessary to create and submit the entry. Once submitted, Applications may be returned and removed from the Contest at the discretion of Los Altos Community Foundation. Los Altos Community Foundation may, in their sole and absolute discretion, reject, refuse, remove, delete, and/or disqualify or disallow any Application that Los Altos Community Foundation deems inappropriate or otherwise non-compliant with these Official Rules. If Los Altos Community Foundation or any Contest Entity, at any time during the Contest Period, receives a complaint (including but not limited to a cease-and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Application, Los Altos Community Foundation may, in their sole and absolute discretion, remove such Application from the Site and disqualify the Application without prior notice to Participant. 6. Application Judging During the Judging Period, the panel of judges, the membership in which is subject to change without notice, will select applications for each level based on overall quality of submission, feasibility, and collaborative spirit (“Finalists”). Judging criteria includes: Innovation and creativity – How is this project different from others? Is this an innovative, creative, new way to address an issue and/or improve the quality of life of Mountain View? What makes the project unique? Feasibility of project to be completed within 1 year and within proposed budget – Is there a well-developed, realistic plan to execute on the proposal? Have they identified the right partner(s) for implementation? Measurable impact – How will the proposed project impact lives? How many people will be affected if successful and to what extent? Does the proposal identify the size of the problem and how the proposed idea will help solve it? Could this be replicated and used in other communities? Los Altos Community Foundation, in its sole and absolute discretion, will make the final determination as to which Participants and Applications are accepted and are eligible to take Inspire MV Rules 1/30/17 Page 4 of 9 part in the Contest, to be considered for inclusion in the Voting Period and on the Site, and/or to receive any grant. 7. Public Voting To be eligible for consideration for posting to the Site for voting, an Application must (i) be submitted through the Site by the end of the Application Period; and (ii) comply with these Official Rules. Individuals who wish to vote for the Contest will be required to follow the directions on the Site in order to place a vote. All voters in the Contest must reside and/or work in Mountain View who are fourteen (14) years of age or older as of the beginning of the Public Voting Period. Each public voter may vote only once per grant level (three votes total). Participants may not pay or otherwise compensate others, or engage or encourage automated voting, to vote for their Application. If Los Altos Community Foundation determines, in their sole and absolute discretion, that any voter or Participant has not complied with these Official Rules in any way, then Los Altos Community Foundation reserves the right to disqualify any Application(s) or vote(s) that such Participant or voter has submitted and disallow any further participation or voting by such Participant or voter in the Contest. 8. Winner Selection After the Public Voting Period has ended, Los Altos Community Foundation, in its sole and absolute discretion, will review the results of the public voting and select one (1) Application for each level (the “Winner”). Each Winner, subject to the terms and conditions described herein, will be awarded one (1) grant in the amount for which they applied ($25,000, $50,000, or $100,000). The Winner(s) will be announced by Los Altos Community Foundation. The Winners will be notified through the email address and the phone number provided in their Application. Failure to respond to a Finalist or Winner notification within the specified time period or to follow the terms and conditions of these Official Rules may cause Los Altos Community Foundation to disqualify a Finalist or Winner (with the Finalist or Winner forfeiting any eligibility for a grant). In such case, Los Altos Community Foundation may select an alternate Winner from the remaining Finalists. Los Altos Community Foundation may use any information, whether or not provided in the Applications, to select the Winners, and Los Altos Community Foundation's decisions regarding Winner selection shall be based solely on Los Altos Community Foundation’s discretion. Additional stipulations: • It is possible that two (2) or more Participants will submit Applications that may contain the same or similar ideas. The Los Altos Community Foundation is under no obligation to review or consider the similarity of other Applications in determining whether or not to accept an Application or in determining the Winner. • If there is a tie among the Applications after the Public Voting Period has ended, Los Altos Community Foundation, in their sole and absolute discretion, will review the tied Inspire MV Rules 1/30/17 Page 5 of 9 • • • • • • • • • • • Applications and will break the tie based on the Application that first in time received the highest number of votes during the Voting Period. If the judges determine there are no viable Applicants for a particular grant level, LACF may award additional Winners in another level and/or at a different dollar amount. Los Altos Community Foundation reserves the right not to award the prize money if doing so would violate any applicable laws or regulations or compromise LACF’s tax-exempt status. Winning grants will typically be given in one lump sum during the announcement phase. However, LACF reserves the right to disburse grant awards to a Winner in two or more payments during the 12 month period following winner selection. The grant must be used for the purpose described in applicant’s grant application. The grantee must inform LACF if there are significant changes in the purposes of the grant, the use of grant funds, or personnel who are important to accomplishing the purposes of the grant or if the grant funds cannot be expended in the time period set forth in the grant proposal. Any portion of the grant funds not committed to the purposes of the grant must be returned to LACF. The grantee confirms that it retains full discretion and control over the process of selecting any persons or organizations (secondary grantees, employees, or independent contractors) to carry out the purposes of this grant, completely independent of LACF. The grantee confirms that there is no agreement, either written or oral, that LACF can cause the selection of particular persons or organizations or direct the use of grant funds for any particular expenditure. Organizational Tax Status: Each winning grantee certifies that it is tax-exempt under Section 501(c)(3) of the Internal Revenue Code or that it is fiscally sponsored by a 501(c)3 organization. Each winning grantee must advise LACF immediately if its tax-exempt status classification changes at any time before the grant funds are expended. Payment and Reporting Schedules: o LACF reserves the right to ask for one or more interim “check-in” meetings and/or reports during the 12 month project cycle. o All grantees will submit a final report on the use and impact of the grant no later than 13 months after receiving the grant. LACF will provide a template for the report. The grantee will maintain books and records of the grant funds received and the expenses incurred, as required by the Internal Revenue Code and Treasury Regulations, until all grant requirements have been fulfilled. The grantee will make its books and records available to LACF on request, within a reasonable time. Acknowledgements: The grantee will acknowledge the grant in their annual report and their other usual means of acknowledging donors and in appropriate media releases. Where appropriate, the acknowledgment should include the LACF logo. The source of the grant should be described as a grant from “Inspire Mountain View, managed by the Los Altos Community Foundation.” Grantor's Rights: LACF may include information on this grant in its periodic public reports and may also refer to this grant in a press release. By accepting these grant funds, the grantee agrees to such disclosure. LACF reserves the right to discontinue, modify, or withhold any payments due under this grant, or to require repayment of any unexpended grant funds if necessary, in LACF's judgment, to comply with any law or regulation applicable to this grant. In this event, LACF will notify the grantee in writing and provide an opportunity to respond. Inspire MV Rules 1/30/17 Page 6 of 9 Los Altos Community Foundation will require a Winner to: • Complete a grant agreement (“Grant Agreement”), as a pre-condition to receiving any grant and to avoid disqualification as a Winner. The grant agreement includes an affidavit that the Participant has followed, and will continue to follow through the project, the Official Rules of the Inspire Mountain View contest. • Submit a final project plan (with key personnel named) and budget for the project before receiving the grant award. Los Altos Community Foundation may request additional information from each Winner. Winners will respond to additional inquiries in a timely manner. No substitution of a grant is offered, except at the sole and absolute discretion of Los Altos Community Foundation. Any grant is non-transferable. Neither Los Altos Community Foundation nor any other Contest Entity is responsible for a lost or stolen grant. Los Altos Community Foundation’s decisions, in their sole and absolute discretion, are final and binding in all matters relating to the Contest. 9. Taxes There may be some tax implications for the Winner(s). Los Altos Community Foundation recommends that Participants review their Application with their legal/tax advisor to determine their potential tax liability, if any, in connection with receiving a grant as part of the Contest. If there is any tax liability, it will be the sole responsibility of the Winner(s). 10. General Conditions Nothing herein will constitute an employment, joint venture, or partnership relationship between Participant and Los Altos Community Foundation. Participant grants to Los Altos Community Foundation and the Contest Entities, and their respective successors and assigns, a non-exclusive, worldwide, fully paid, royalty free, perpetual, irrevocable, transferable license to reproduce, display, distribute, and perform the Application and materials and information submitted in connection with the Contest or use or receipt of the grant for the purpose of administering and promoting the contest. Participant also grants Los Altos Community Foundation and the Contest Entities, and their respective successors and assigns, where not prohibited by law, an irrevocable, perpetual, worldwide, non-exclusive, fully paid, royalty-free, and transferable license and right to use the name, voice, likeness, and biographical material of Participant or (if Participant is a group or organization) members of Participant, in any merchandising, advertising, marketing, promotion, press releases, social media, or any other purpose related to the Application and/or Contest. Without limitation, this includes the right to use photographs and videos of the Participant either submitted by the Participant or taken by the Los Altos Community Foundation in connection with the Contest. Participant also grants Los Altos Community Foundation and the Contest Entities, and their respective successors and assigns, an irrevocable, perpetual, worldwide, non-exclusive, fully paid, royalty free, and transferable license to use Participant’s trademarks and logos in the promotion and publicity of the Contest. Los Altos Community Foundation may also request an in-person appearance at the Inspire Mountain View awards ceremony by a representative of Inspire MV Rules 1/30/17 Page 7 of 9 Participant. Participant acknowledges that Participant has no right of approval or consultation with respect to Los Altos Community Foundation or any other Contest Entity's use of the Application or the licenses and rights granted above. By entering the Contest, Participants agree to be bound by these Official Rules. LOS ALTOS COMMUNITY FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR PARTICIPATION IN THE CONTEST. Participants further agree to release, indemnify, defend and hold Los Altos Community Foundation, the other Contest Entities, and their respective affiliates, subsidiaries, directors, officers, employees, shareholders, sponsors and agents, including advertising and promotion agencies, assigns, and any other organizations related to the Contest (collectively, the “Released Parties”), harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Contest or acceptance or use of a grant, or parts thereof, including, without limitation, (i) any and all claims, demands, causes of action and judgments arising out of relating to any breach by Participant of the Official Rules, including any representations and warranties; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a grant, or acceptance, possession, or use of a grant, or from participation in the Contest, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, intellectual property, defamation, or invasion of privacy. The Released Parties are not responsible for: (i) any condition caused by events beyond the control of Los Altos Community Foundation that may cause the Contest to be disrupted or corrupted, including without limitation the functioning or lack thereof of the Site; (ii) any unauthorized human intervention in any part of the entry process or the Contest; and (iii) any printing, typographical, or substantive errors in any materials associated with the Contest. Winners agree to be bound by these Official Rules, and Los Altos Community Foundation’s decisions in all respects relative to the Contest are final. IN NO EVENT WILL LACF OR CONTEST ENTITIES BE LIABLE TO THE APPLICANT OR ANY PARTICIPANT, VOTER, WINNER, OR PARTICIPATING ORGANIZATION, AS APPLICABLE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICANT’S PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANY CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. APPLICATIONS ARE THE VIEWS OR OPINIONS OF THE RESPECTIVE PARTICIPANT, AND DO NOT NECESSARILY REFLECT THE VIEWS OR OPINIONS OF LOS ALTOS COMMUNITY FOUNDATION OR ANY OTHER CONTEST ENTITY IN ANY MANNER. Any waiver of any obligation hereunder by Los Altos Community Foundation or any other Contest Entity does not constitute a general waiver of any obligation in favor of Participant(s). If any provision, license, or right in these Official Guidelines is restricted or invalidated by an applicable law or legal judgment, the remainder of these Official Guidelines will be construed so that all other legally permitted provisions, licenses, or rights in these Official Guidelines remain valid and enforceable. Inspire MV Rules 1/30/17 Page 8 of 9 All Applications become property of Los Altos Community Foundation. Los Altos Community Foundation reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Contest is compromised, without liability to Participants or voters. Los Altos Community Foundation reserves the right to disqualify any Participant or Winner in their sole and absolute discretion. The Contest is void where prohibited or restricted by law. The Contest is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. By participating in the Contest, Participants acknowledge that they have read these Official Rules and agree to abide by them and by the decisions of the Los Altos Community Foundation, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of California, excluding rules governing the choice of laws. Any action, suit, or case arising out of, or in connection with, the Contest or these Official Rules must be brought in either the federal or state courts located in Santa Clara County, California. Inspire MV Rules 1/30/17 Page 9 of 9
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