NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE.
THE 4th ANNUAL CLASSY AWARDS PROGRAM IS OPEN TO UNITED STATES RESIDENTS ONLY (EXCLUDING UNITED STATES TERRITORIES AND OUTLYING AREAS); THIS OFFER IS VOID WHERE PROHIBITED.
STAY CLASSY PRODUCTIONS INC. ("STAYCLASSY"), A CALIFORNIA CORPORATION, IS THE OFFICIAL SPONSOR AND ADMINISTRATOR OF THE 4th ANNUAL CLASSY AWARDS. BY PARTICIPATING IN THE 4th ANNUAL CLASSY AWARDS PROGRAM, IN ANY FORM, YOU AGREE TO THESE OFFICIAL RULES.
STATEMENT OF PURPOSE
The 4th Annual CLASSY Awards is designed to recognize outstanding philanthropic achievements and to serve as a focal point for celebrating the work being done in the nonprofit sector.
1. "Achievement Story" means any text, video, pictures and other content or information submitted through the CLASSY Awards Website after following the link included in the confirmation e-mail sent after one completes a Registration.
2. The "CLASSY Awards Program" means all aspects, and phases, of any kind or degree, of the 4th Annual Classy Awards, and all activity related thereto, from the point in time when submissions are first accepted through the period following the award show when prizes are fully distributed.
3. A "Business" means an ongoing for-profit enterprise, of any business form, that (i) was formed/organized in the United States of America and (ii) has its principal place of business in the United States of America.
4. The "CLASSY Awards Website" means the website located at www.classyawards.stayclassy.org and all associated webpages which deal with any aspect of the CLASSY Awards Program.
5. An "Individual" means an actual living person and not an entity that is deemed a "legal person."
6. "Nomination" means the shortened entry form, available through the CLASSY Awards Website, to be used by Nominators when inviting another individual or entity to enter into the CLASSY Awards.
7. A "Nominator" means an Individual or entity that wants to enter someone into the CLASSY Awards besides (i) him/her/itself, or (ii) an organization that he/she/it is an authorized representative of.
8. A "Nominee" means an Individual or entity that submits a Registration and Achievement Story on his/her/its own behalf.
9. A "Participant" means an Individual or entity that participates in the CLASSY Awards Program, in any way, and to any degree, including, without limitation, as a Nominator, Nominee, or Voter.
10. A "Registration" means the full entry form, available through the CLASSY Awards Website, the completion of which is required to be eligible to contend for a CLASSY Award.
11. A "Voter" means an Individual that casts a vote for a Nominee as part of the public voting for the CLASSY Awards Program.
1. Charity of the Year. Awarded to the charity whose submission truly epitomizes all things "classy." The Charity of the Year will be a standout amid an impressive field of truly praiseworthy nonprofit organizations; it's submission will captivate and impress as the perfect crystallization of the organization's efforts to effect powerful change in the world.
2. Small Charity of the Year. Awarded to the nonprofit whose submission best demonstrates the truth in the statement that "big things come in small packages." The Small Charity of the Year will be a nonprofit organization with annual revenue less than $500,000 that, despite its modest size, has a major positive impact on the world around it.
3. Volunteer of the Year. Awarded to the individual whose submission best embodies the ideal qualities of a volunteer: passion, perseverance, and heart. The Volunteer of the Year will be an individual that continuously gives his or her time and energy to further a noble cause and benefit others.
4. Philanthropic Business of the Year. Awarded to the Business whose submission most successfully demonstrates its commitment to using the company's position, resources, and influence in service of broader philanthropic aims. The Philanthropic Business of the Year will demonstrate through consistent action a fuller vision of the modern company, one that embraces an ethic of service to the communities in which it operates.
5. Most Effective Awareness Campaign by a Charity. Awarded to the charitable organization whose Submission describes the most creative and impactful awareness campaign of the year. Whether through, TV, radio, the internet, or another medium, this organization has shaken us from our daily routine and forced us to engage with the issue it advocates for.
6. Most Creative Fundraiser by a Charity. Awarded to the charity whose submission describes the most unique and inspiring fundraiser of the year. The organization deemed the Most Creative Fundraiser will be one that brings a personal touch and creative flare to its fundraising efforts. The success of its events will not only be measured in terms of the number of dollars it raises but also in terms of the impact those efforts have on the lives of those who participate.
7. Most Influential College Student or College Organization. Awarded to the undergraduate student or student-run college organization that has most powerfully put the idealism and energy of youth to work in service of others. The winner of this Classy Award will demonstrate a willingness to think big, to take on important social challenges, and to do so with an unflappable belief in the individual's ability to create dramatic change.
8. Best New Charity. Awarded to a charity formed on, or after, June 15, 2010 that has already made a substantial impact. The winning organization's submission will demonstrate a true sense of urgency and a determination to make positive change happen as soon as humanly possible.
9. Animal Advocacy and Services. Awarded to the charity that demonstrates the most impressive impact in the area of Animal Advocacy and Services. This organization protects, defends or provides needed services to domestic and wild animals. Whether the organization is a humane society, wildlife conservation charity, or a group providing animal training and specialty services Ð the CLASSY Award winner for Animal Advocacy and Services will be the organization that has most impressively worked to strengthen the animal community.
10. Hunger and Poverty Relief. Awarded to the charity that demonstrates the most impressive impact in the area of Hunger and Poverty Relief. This organization may provide assistance to the homeless through social services and advocacy, hunger relief programs for the needy, or focus its efforts on aiding the impoverished abroad. It works to provide shelter for those without roofs over their heads and drafts plans for long-term poverty alleviation in the U.S. or around the world. The CLASSY Award for Hunger and Poverty Relief will go to the organization that puts food on the tables and hope in the hearts of the world's impoverished communities.
11. Human Services. Awarded to the charity that demonstrates the most impressive impact in the area of general human services. This organization provides childcare, adoption, foster care, counseling, or educational services to children and families in need. It strengthens its community, by caring for the elderly, or nurturing the young. The CLASSY Award for Child and Family Services will go to the organization that's made the most extraordinary achievement on behalf of families and children.
12. Educational Advancement. Awarded to the charity that demonstrates the most impressive impact in the area of Educational Advancement. This organization makes learning possible for students of all ages, from pre-school to adult education, and provides opportunities that help make schools more effective and more accessible to students of all backgrounds. The CLASSY Award for Educational Advancement will go to the organization that has made the greatest strides to improve education initiatives.
13. Environmental Protection. Awarded to the charity that demonstrates the most impressive impact in the area of Environmental Protection. This organization redefines what it means to "Go Green." It works to preserve and protect the environment, promote environmental research and appreciation. It may promote sustainable resources and environmental beautification or develop ways to combat pollution. Whatever its mission may be, the CLASSY Award for Environmental Protection will go to the organization making the world cleaner for us all.
14. Health and Well Being. Awarded to the charity that demonstrates the most impressive impact in the area of Health and Well Being. This organization may work to cure or treat diseases, support our sick and disabled, seek improvements in medical treatments, or promote awareness of particular health risks. Whether it is providing direct medical services, educating the public, or focusing on research, the CLASSY Award winner for Health and Well Being will be an organization that has made serious strides in improving health across the globe.
15. Human Rights. Awarded to the charity that demonstrates the most impressive impact in the area of Human Rights. This organization protects our communities and our country by defending civil rights, fighting prejudice, and promoting the fundamental freedoms that should be enjoyed by all people. The CLASSY Award for Human Rights will go to the organization that has most tirelessly and passionately defended the dignity and basic rights of the individual.
16. Disaster Relief & International Aid. Awarded to the charity that demonstrates the most impressive impact in the area of Disaster Relief and International Aid. This organization works throughout the world to promote peace and to provide relief and development services where they are needed the most. It may provide economic, educational, and agricultural development services, foreign policy research and advocacy; or distribute donated medical, food, agriculture, and other supplies to those in need. The CLASSY Award for Disaster Relief and International Aid will go to the organization whose work has provided the most comfort during times of crisis around the globe.
1. U.S. Residency.Each Nominee must be a resident of one of the fifty (50) United States or of the District of Columbia at all times throughout the CLASSY Awards Program.
2. No U.S. Territories, Outlying Areas, or Foreign Countries. Residents of countries other than the United States of America, and residents of United State's Territories or Outlying Areas CANNOT participate in the CLASSY Awards Program. Submissions made by, or on behalf of, such Individuals or entities are VOID.
3. Age of Nominees.Each Nominee must be at least 18 years of age at the time that it submits a Registration.
4. Age of Nominators.All Nominators must be at least 13 years of age, and if below the age of majority, must have a legal guardian's permission at the time the Nominator makes a Nomination.
5. Self-Submittal. Third parties cannot submit Registrations or Achievement Stories; only Nominees can. If you want a third party to be considered for a CLASSY Award, you must submit a Nomination form. Ultimately, however, only the Individual him/herself or an authorized representative of any nominated entity may complete the Registration and Achievement Story required to be considered for a CLASSY Award.
6. Qualifying Nonprofit Nominees. Subject to the qualification below for the "Best New Charity" Award,a nonprofit organization that is a Nominee will only be eligible to participate in the CLASSY Awards Program if (i) at the time it submits its Registration, and (ii) throughout the duration of the CLASSY Awards Program, the organization is recognized as tax-exempt under 26 U.S.C. 501(c)(3).
7. Award Categories for Non-Profits.The following categories are open to qualifying nonprofit organizations: "Charity of the Year," "Small Charity of the Year," "Best New Charity," "Most Effective Awareness Campaign by a Charity," "Most Creative Fundraiser by a Charity," "Hunger and Poverty Relief," "Human Services," "Educational Advancement," "Environmental Protection," "Animal Advocacy and Services" "Health and Well Being," "Human Rights," and "Disaster Relief and International Aid"
8. Award Categories for Individuals. The following categories are open to Individuals: "Most Influential College Student or College Organization" and "Volunteer of the Year"
9. Award Categories for Businesses.The following categories are open to Businesses: "Philanthropic Business of the Year"
10. Conflicts of Interest.StayClassy employees, officers, directors, advisors, and the immediate relatives of such persons (spouse, parent, child, sibling and spouse or "step" of each) are PROHIBITED from participating in the CLASSY Awards Program.
11. Compliance with Rules. In order to be eligible, and to remain eligible, for participation in the CLASSY Awards Program, Participants must fully comply with all of the provisions of these Official Rules.
Category Specific Requirements
1. "Most Influential College Student or College Organization" An organization, other than a Business, which may or may not be tax-exempt under 26 U.S.C. 501(c)(3), will be allowed to compete in the "Most Influential College Student or Organization" category of the CLASSY Awards Program if: (i) the organization is associated with a recognized public or private undergraduate college or university located in one of the 50 United States or the District of Columbia, (ii) the organization is officially recognized as a student organization by said undergraduate institution and (iii) the organization's membership is principally comprised of undergraduate students at such college or university.
2. "Small Charity of the Year" This CLASSY Awards is open to qualifying nonprofit organizations that have annual revenue of less than $500,000. Revenue should be calculated in the same way that is calculated on the organization's tax returns (e.g. all sources of revenue should be included). If you are an organization that receives substantial in-kind gifts, but immediately redistributes those gifts as part of your program services, you may qualify for a limited exception. If you believe that this is the case for your organization, please contact firstname.lastname@example.org StayClassy will determine, in its sole discretion, whether or not you qualify to have the value of the in-kind gifts excluded from your revenue total.
3. "Most Effective Awareness Campaign by a Charity" The principal portion of the awareness campaign described in a Nominee's Submission must have occurred on, or after January 1, 2011
4. "Best New Charity" To be eligible for this CLASSY Award, the Nominee must (i) be an entity organized under the laws of one of the 50 United States as a nonprofit organization on or after June 15, 2010 and (ii) the Nominee must have submitted an application for tax exempt status under 26 U.S.C. 501(c)(3) by the time it submits a Registration.
A NOMINEE FOR THIS CLASSY AWARD REMAINS SUBJECT TO DISQUALIFICATION IF AT ANY TIME DURING THE CLASSY AWARDS PROGRAM ITS APPLICATION FOR TAX EXEMPTION IS REJECTED BY THE IRS. A WINNING NOMINEE MAY BE REQUIRED TO PROVIDE PROOF OF A FAVORABLE 501(C)(3) DETERMINATION BEFORE BEING ABLE TO RECEIVE A PRIZE.
5. "Volunteer of the Year" To be eligible for this CLASSY Award, the Nominee must not receive any form of material compensation, whether as an employee or otherwise, from the charitable organization it works on behalf of.
1. Who Can Make a Submission. Only Nominees (Individuals submitting on their own behalf or on behalf of an organization they are authorized to represent) can enter themselves into the CLASSY Awards Program to compete for a CLASSY Award.
2. Nominators. If you are not entering yourself or an organization you are authorized to represent into the CLASSY Awards Program, you must indicate that you are attempting to make an entry on behalf of a third party. When you do, you will be directed to complete a Nomination form. When a Nomination form is completed, the nominated Individual or organization will be e-mailed and asked to complete a full Registration and to submit an Achievement Story. Any Registrations or Achievement Stories received from third party Nominators are VOID and will not be considered.
3. Elements Required for Entry. To enter into the CLASSY Awards Program and be eligible to win a CLASSY Award you must submit (i) a Registration and (ii) an Achievement Story. When you engage the entry process on the CLASSY Awards Website, you will first be directed to complete a Registration. After you have completed a Registration, a confirmation e-mail will be sent to you. When you click on the link included in the confirmation e-mail you will be directed back to the CLASSY Awards Website to fill out your Achievement Story. Both steps must be completed in order to be considered for a CLASSY Award.
4. Mode of Submission. Classy Awards Nominations, Registrations, and Achievement Stories (collectively "Submissions") MAY ONLY BE SUBMITTED ONLINE through the entry process accessible on the CLASSY Awards Website. Submissions made in any other way, including, but not limited to, by mail, e-mail, or fax are VOID and will not be considered.
5. Timing. Submissions may only be made during the submission phase of the CLASSY Awards Program, which runs from April 1, 2012 12:00 a.m. (PT) to June 14, 2012 11:59 p.m. (PT) (the "Submission Period"). Any Submissions received outside of the Submission Period are VOID and will not be considered.
6. Format. Submissions that do not contain substantially all of the information requested throughout the online entry process, or that otherwise deviate materially from the process (as determined by StayClassy alone), are VOID and will not be considered.
- When you engage the online entry process on the CLASSY Awards Website, you will be directed to input certain information; you should complete each field accurately.
- All Submissions must be written in ENGLISH.
- The precise information you are asked for may vary somewhat depending upon whether your are a Nominator or a Nominee and depending upon the Award Category you are making a Submission for; however, the following elements will generally be present:
- Remember, spelling, punctuation, and grammar matter. Please draft your Submission with care.
5. Rights to Content. Any Participant that submits written, pictorial, video, or other content and/or any other information (collectively, "Content") to StayClassy in connection with the CLASSY Awards Program, whether as a Nominee, Nominator, or otherwise, and whether done properly in accordance with the rest of these rules, or otherwise, hereby represents, warrants, and irrevocably covenants:
- That it is the rightful owner or licensor of any Content it submits;
- That its submission of the Content does not violate the law or infringe on the legal rights of any third party,
- That the use of the Content by StayClassy and its CLASSY Awards media partners (as envisioned below) will not violate the law or infringe the legal rights of any third party, and;
- That is has the right and power to grant the license to the Content, as specified below.
One of the benefits the CLASSY Awards Program hopes to confer upon Nominees is generating increased exposure for their philanthropic accomplishments. To this end, StayClassy (i) publishes Nominees' Achievement Stories on the CLASSY Awards Website, and (ii) shares these Achievement Stories with CLASSY Awards media partners for further publication, distribution, broadcast, etc. by these media partners. Each Participant that submits Content to StayClassy in connection with the 4th Annual CLASSY Awards, grants to StayClassy a non-exclusive, perpetual, irrevocable, and sub-licensable (through multiple tiers), license to store, transmit, copy, edit, create derivative works from, publish, publicly display, and publicly perform the Content.
6. Multiple Submissions. Each qualifying nonprofit may compete for either the Charity of the Year award or the Small Charity of the Year award (as applicable). Qualifying nonprofits can compete in up to two additional award categories. One entry may be made for a general award category (#3-8 in the section above titled award categories) and one entry may be made for a topical award category (#9-16). An Individual may compete in both the "Volunteer of the Year" award category and the "Most Influential College Student or College Organization" award category, provided that the Individual otherwise qualifies for both of those categories. Any entries made beyond those authorized here are VOID and will not be considered.
7. Chapters & Affiliates. Each chapter or affiliate of a nonprofit organization with multiple chapters or affiliates may enter the Classy Awards as a separate Nominee provided that (i) the Submission it enters is based on its own local experiences, (ii) the Submission is not a substantial duplication of Submissions made by other chapters or affiliates, and (iii) it otherwise complies with these rules.
STRUCTURE OF THE PROGRAM
1. Regions. For purposes of the CLASSY Awards Program, the country has been divided in the four separate Regions as follows:
East: MA, RI, CT, NJ, DE, MD, DC, ME, NH, PA, NY, VT
South: VA, WV, SC, NC, KY, TN, GA, FL, AL, MS, AR, LA, OK, TX
Mid-West: MI, OH, IN, IL, MO, WI, MN, IA, KS, NE, SD, ND
West: MT, WY, CO, NM, AZ, UT, ID, NV, WA, OR, CA, AK, HI
During the entry process you will be asked to select your Region. If you have a presence in multiple states, you should select your Region based upon the state where you are headquartered and/or where the majority of your activity occurs. If you are part of an organization with multiple chapters, several of which are making independent Submissions, select your region based upon the state where your particular chapter is located.
2. Initial Judging Period. After the completion of the Submission Period each validly entered Achievement Story will be read and scored by a StayClassy judge according to the criteria specified below. In each Region, and for each award category, the five Achievement Stories with the highest scores will move on. Any ties will be settled in accordance with the provisions of the section below titled "Tie-Breakers."
3. Regional Top 5. The top 5 Achievement Stories in each award category, for each Region, (each a "Regional Finalist") will be announced on July 9, 2012. From July 9 to July 26, 2012 the public will vote for the various Regional Finalists to help determine the top Achievement Story in each category, for each Region. At the same time the public vote is occurring a panel of judges comprised of StayClassy judges and former CLASSY Awards Winners will be reading and judging each Regional Finalist's Achievement Story.
The public vote will determine half of each Regional Finalist's total score, and the judging will determine the other half of the score. For each Region, the Regional Finalist with the top score in a given award category will become a "Regional Winner" and move on to the final stage of the CLASSY Awards Program. Regional Winners will be announced on July 31, 2012. Any ties will be settled in accordance with the provisions of the section below titled "Tie-Breakers."
4. National Finalists. After the determination of the Regional Winners, there will be sixty-four remaining Nominees (one for each award category for each Region). The Regional Winner's Achievement Stories will be read and scored by an outside panel of nonprofit industry veterans and other persons qualified to judge based upon their experience and expertise. For each category, the Nominee that emerges with the top score from this final round of judging will become the National CLASSY Awards winner for that category. Any ties will be settled in accordance with the provisions of the section below titled "Tie-Breakers." CLASSY Awards winners will be announced during the Award show scheduled to be held in San Diego's Civic Theater on September 22, 2012.
1. Judging Rounds. If, at the end of either the initial or the final judging round, there is a tie between two or more Achievement Stories, then each of the affected Achievement Stories shall be read and scored by a judge who has not yet read that Achievement Story. An average of the initial score and the rescore will be taken and the Achievement Story with the highest score will be the winner of the tiebreaker. In the event of a subsequent tie, the process shall be repeated until the tie has been broken.
2. Mixed Public Vote and Judging. If, at the end of the public voting period, two or more Achievement Stories are tied, then (i) the Achievement Story with the highest score from the initial round of judging shall move on, or (ii) if a tie still exists, the affected Achievement Stories shall be read and scored by a judge who has not yet read that Achievement Story and the tie will be broken by determining which Achievement Story has the higher average score. In the event of a subsequent tie, the process shall be repeated until the tie has been broken.
1. Originality (33.3%)
Does your achievement stand out from the crowd?
Have you implemented a unique campaign or event?
Does your organization reach/serve people in an interesting way?
2. Impact (33.3%)
Have your efforts created a tangible positive impact?
Does your organization have a broad impact?
Does your organization have a smaller reach, but a profound impact on those it serves?
3. Ability to Exemplify the Qualities of the Award Category (33.3%)
Please take a look at the descriptions of each award category above
How well does your submission demonstrate the qualities referenced in the award category you are submitting it under?
Does your submission effectively use a personal story or event to demonstrate those qualities?
4. Judging Conflicts of Interest. StayClassy judges, past CLASSY Award winners, and outside judges participating in the judging of Submissions for the 4th Annual CLASSY Awards Program will, as applicable, be screened from (i) judging any Submissions made in a category that their organization or affiliate is competing in, (ii) judging any Submission made by an Individual or organization they have a material relationship with.
Prizes for the 4th Annual CLASSY Awards Program will be announced by the end of the June, 2012.
FOR CLASSY AWARDS WHICH MAY BE WON BY AN INDIVIDUAL OR ENTITY OTHER THAN A 501(C)(3) TAX-EXEMPT NONPROFIT, THE ASSOCIATED PRIZE WILL BE AWARDED TO A 501(C)(3) TAX-EXEMPT NONPROFIT SELECTED BY THE NOMINEE, AND AGREED TO BY STAYCLASSY; STAYCLASSY SHALL NOT UNREASONABLY WITHHOLD SUCH AGREEMENT.
RULES FOR PARTICIPANTS
1. Each Participant is responsible for complying fully with both the letter and spirit of all the provisions of these Official Rules for the 4th Annual CLASSY Awards Program. Failure to do so may result in disqualification from the Classy Awards Program.
2. On pain of disqualification, all Participants are strictly prohibited from, in any degree, and in connection with any portion of the 4th Annual CLASSY Awards Program, engaging in the following conduct:
Submitting, or encouraging others to submit, fraudulent or duplicate
Interfering, in any way, with the voting of others or with the legitimate administration of the Classy Awards Program.
Employing any technological device in order to neutralize or evade security measures put in place by StayClassy to protect the integrity of the voting process.
Including false or misleading information in a Submission or any other materials submitted in connection with the Classy Awards Program.
Violating any third party's rights, including rights protected by the United States Copyright Laws, in connection with a Submission or participation in the CLASSY Awards Program.
Engaging in conduct which raises material questions about the Participant's honesty, integrity, or character or which may subject the Classy Awards to disrepute by association.
Making false or materially misleading statements, or omissions, when asked to respond to a complaint or other inquiry from StayClassy.
Engaging in any act, course of conduct, or omission that StayClassy reasonably believes to be inconsistent with the spirit of the Classy Awards Program, or its fair administration.
Failing to provide notice to StayClassy when the Participant has reasonable grounds to suspect that a substantial number of fraudulent votes are being (or have been) cast in its favor or that any person or organization is engaging in fraudulent voting on behalf of the Participant.
Engaging in, or encouraging others to engage in, conduct that violates the law or another party's legal rights.
Using any aspect of the Classy Awards Program as a platform for political advocacy or advancing a partisan agenda.
Discriminating against, disparaging or denigrating anyone on account of race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability.
Disparaging or denigrating a product, service, person, company or organization including, but not limited to, StayClassy and its partners.
Promoting or advocating for a religion or any particular religious point of view in connection with the Classy Awards Program, or engaging in proselytizing, which includes but is not limited to, acts meant to advance a religious denomination or expand its membership or encourage conversion.
Making statements which contain profanity, are overtly sexual or violent, that suggest an intent to abuse or harm others, or that are otherwise gratuitous or offensive.
3. Only Individuals are permitted to vote, and each Individual may only vote once per award category, per Region.
4. StayClassy will, in its sole discretion, determine whether or not a Participant has violated one of foregoing rules or any other provision of this agreement.
1. StayClassy received approximately 2000 total nominations (across all award categories) for the 3rd Annual CLASSY Awards Program. The public cast over 250,000 votes during the 2011 Program.
2. This year StayClassy expects the Classy Awards Program to receive around 4,000 total nominations and around 500,000 public votes.
The odds of winning a Classy Award will depend upon the strength of your Submission (as determined by the judges) and the number of Submissions StayClassy receives for the 4th Annual CLASSY Awards Program.
1. Continuing Eligibility. StayClassy reserves the right, throughout all phases of the CLASSY Awards Program, to take any additional steps it deems reasonably necessary to ensure that each Nominee, or ultimate beneficiary, meets the qualification standards set forth herein, has otherwise complied with these rules, and is not engaged in any morally suspect activity. Nominee agrees to comply with all such measures and understands that nominee's continuing eligibility to participate in the CLASSY Awards Program (including the right to receive any prizes in connection therewith) is expressly conditioned on such compliance.
3. Additional Forms. If you are selected as a winner of a 4th Annual CLASSY Award, you may be required, in StayClassy's sole discretion, to sign and submit an affidavit of eligibility, applicable tax forms, liability releases, and other relevant paperwork. Winning Nominees may also be required to grant StayClassy the right to use their names/likenesses to promote the Classy Awards Program.
4. Cancellation, Modification or Suspension.If, for any reason, the 4th Annual CLASSY Awards Program is not capable of running as planned, including (but not limited to) because of: computer virus, bugs, tampering, fraud, technical failures, or any other cause, StayClassy reserves the right, in its sole discretion, to cancel, modify, or suspend the 4th Annual CLASSY Awards Program without liability of any kind to Participants.
5. Technical Problems.StayClassy assumes no responsibility for errors in transmission, interruptions in service, or other technical errors or delays, which could affect a given Submission or Preliminary Submission, including whether such Submission or Preliminary Submission is ultimately received by StayClassy. Interruptions or errors may arise from, among other things, high volumes of Internet traffic to the CLASSY Awards Website, failures in the Participant's Internet service, unauthorized intervention by third parties, or other technological problems.
6. Tax Obligations. All tax obligations which may arise or relate to a Nominee's receipt of cash or in-kind prizes in connection with the 4th Annual CLASSY Awards Program are the sole responsibility of the Nominee.
7. Finality of Decisions. All decisions made by the judges of the 4th Annual CLASSY Awards programs are FINAL. Participants accept this fact and will not second-guess or seek redress for any final decisions of the judges.
8. Use of Skild Platform. StayClassy is using the Skild Platform (www.skild.com), developed by Idea Crossing Inc. ("Skild"), to accept, manage, and judge Submissions made for the 4th Annual CLASSY Awards Program. Each Participant consents to the use of the Skild Plaftorm and the hosting of submitted data and content on that Platform.
8. Liability Release. BY PARTICIPATING IN THE 4th ANNUAL CLASSY AWARDS PROGRAM, AS A NOMINEE, NOMINATOR, VOTER, VISITOR TO THE CLASSY AWARDS WEBSITE, OR BY ACCEPTING A PRIZE IN CONNECTION WITH THE AWARDS, YOU AGREE TO RELEASE STAYCLASSY, ITS MEDIA PARTNERS, SPONSORS, AND SKILD, AND EACH OF THE FOREGOING'S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "RELEASEES"), FROM ALL COSTS, EXPENSES, LIABILITY, LOSSES, OR CLAIMS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHICH MAY ARISE FROM, OR RELATE TO, YOUR PARTICIPATION, OF ANY KIND OR DEGREE, IN ANY PHASE OF THE CLASSY AWARDS PROGRAM OR FROM YOUR USE OF ANY PRIZE(S) RECEIVED.
THIS RELEASE SHALL BE EFFECTIVE EVEN IF YOUR LOSS OR CLAIM IS CAUSED BY, OR CONTRIBUTED TO BY, THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES.
IN ADDITION TO THE FOREGOING, YOU AGREE TO WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE ¤1542 WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
9. Indemnification. AS A PARTICIPANT (DEFINED ABOVE) IN THE 4th ANNUAL CLASSY AWARDS PROGRAM YOU AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FOR ANY COSTS, EXPENSES, JUDGEMENTS, OR LIABILITIES, OF ANY KIND, AND INCLUDING REASONABLE ATTORNEY'S FEES, INCURRED AS A RESULT OF THIRD PARTY CLAIMS ARISING FROM, OR RELATING TO, (1) YOUR ACTS OR OMISSIONS, OR (2) YOUR BREACH OF ANY OF THE RULES, TERMS, WARRANTIES, OR OTHER PROVISIONS OF THIS AGREEMENT.
10. Limitation on Liability. TO THE EXTENT A PARTICIPANT (DEFINED ABOVE) HAS A CLAIM THAT IS NOT RELEASED BY THE ABOVE LIABILITY RELEASE, THE AGGREGATE LIABILITY OF STAYCLASSY AND THE OTHER RELEASEES SHALL BE LIMITED TO THE GREATER OF $50 OR THE ACTUAL COST (EXCLUDING ATTORNEY'S FEES) INCURRED BY SUCH CLAIMAINT AS A RESULT OF CLAIMANT'S PARTICIPATION IN THE CLASSY AWARDS PROGRAM.
IN NO EVENT SHALL THE LIABILITY OF STAYCLASSY OR THE OTHER RELEASEES INCLUDE INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.
11. No Warranties. ALL PRIZES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
12. Third Party Beneficiaries. Each of the Releasees is expressly intended as a third party beneficiary hereunder and each shall be fully entitled to enforce the liability provisions included herein for its protection.
13. Choice of Law and Jurisdiction. Recognizing that StayClassy is headquartered in San Diego California, each Participant acknowledges and agrees that this agreement, though entered into over the Internet, is to be taken as having been executed in California. Each Participant agrees that any disputes arising out of, or related to, this agreement or the 4th Annual CLASSY Awards Program shall only be brought in a State or Federal court located in San Diego County California and each Participant hereby expressly and irrevocably consents to the jurisdiction and venue thereof. This agreement shall be governed by the laws of the State of California, without regard to conflicts of laws principles.
14. Severability. To the extent that any provision of this agreement or any paragraph, term, sentence, phrase, clause or word of this agreement shall be found to be void, illegal or unenforceable for any reason (and not subject to further appeal), (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect, and (ii) the illegal, invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
15. Sponsor/Administrator. As stated above the official sponsor and administrator of the 4th Annual CLASSY Awards Program is Stay Classy Productions Inc., located at 533 F Street, Suite 300, San Diego CA, 92101.
16. Winners. A list of the winners of the 4th Annual CLASSY Awards Program will be posted on the Classy Awards Website following the award show, which will take place on September 22, 2012.
17. General Terms and Conditions. To the extent not inconsistent with these Official Rules, each Participant accepts, and shall be subject to, the terms and conditions laid out at www.stayclassy.org/terms.