No purchase or payment is necessary to enter or to win the Competition. All applicable federal, state, and local laws and regulations apply. The Competition is void where otherwise prohibited by law.
The following are the Official Rules (the “Rules”) governing the NCLEX competition (the “Competition”) sponsored by the Jonas Center (“Jonas”), in collaboration with the Khan Academy (the “Sponsor”), and the American of Association of Colleges of Nursing (“AACN”) (Jonas and AACN together are referred to as the “Collaborators”).
Making a submission (as defined below) in the Competition constitutes full and unconditional agreement to and acceptance of the Rules. No purchase or payment is necessary to enter or to win the Competition. All applicable federal, state, and local laws and regulations apply. The Competition is void where otherwise prohibited by law.
1. ADMINISTRATOR: The administrator of the Competition is Khan Academy, PO Box 1630, Mountain View CA 94042 (the “Administrator”).
2. ELIGIBILITY: The Competition is open only to individuals worldwide who are (a) of the legal age of majority, at the time of entry into the Competition, to form valid contracts in their respective jurisdiction of legal residence and (b) are pursuing or have completed a Bachelors degree (or degree equivalent) and (c) are not employed by any test preparation company and (d) are available to attend a training camp from March 2, 2014 – March 9, 2014. Each eligible individual is referred to as an “Entrant” in these Rules. Entrants who are determined at any time to have violated the eligibility criteria will be disqualified from the Competition. Affiliated Persons (as defined below) are ineligible to participate in the Competition.
As used herein, the term “Affiliated Persons” means (a) the trustees, directors, officers, shareholders, employees, contractors, agents, representatives and affiliates of the Sponsor, the Administrator, the Collaborators, and any entity associated with the funding, administration, or processing of the Competition and (b) the members of the Immediate Family (as defined below) of any of the persons identified in the foregoing clause (a). The term “Immediate Family” includes a person’s spouse/domestic partner and the parents, siblings, children and grandchildren of the person and his or her spouse/domestic partner.
3. COMPETITION DESCRIPTION: The Competition seeks to develop video-based medical education in accordance with the technical specifications posted on the Competition Website (as defined below) that targets one of the medical conditions as listed above (the “Conditions”). Winning Entrants will be selected from the Entrant Submissions made during the Entry Period (as defined below) (each, a “Winner”). Winners will participate in a training session with direct supervision with Khan Academy, which is currently expected to run from March 2, 2014 through March 9, 2014.
Entry into the Competition does not constitute entry into any other competition or promotion that may be offered by the Sponsor, the Administrator, or the Collaborators.
4. PRIZES: The following prize is available to be awarded in this Challenge (each, a “Prize”):
Each Competition Winner chosen during Phase 1 will get a trip to a training session with direct teaching supervision from Khan Academy. The trip will include (i) return/economy air [up to $500 within the continental United States, or up to $1500 internationally] transportation for the winner from the major commercial airport closest to winner’s residence; and (ii) hotel accommodations for the winner for at least 7 nights, standard accommodation at a hotel selected by the Sponsor. Except as provided in these Rules, each Winner is responsible for all taxes and fees associated with the receipt and/or use of any prize.
In addition, Competition Winners may be given an opportunity to work with Khan Academy on developing health care education content.
It is anticipated that Prizes will be distributed within 7 days of the announcement of the winners. Winners may be required to execute a Liability Release and a Publicity Release (collectively, the “Prize Claim Documents”) as a condition to receiving a Prize. If a winner fails or refuses to sign and return all Prize Claim Documents within five days of the Sponsor’s and/or the Administrator’s request (or a shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
5. HOW TO ENTER: The entry period for the Competition will begin at 12:01 a.m. Pacific Standard Time on October 28, 2013 and end at 11:59 p.m. Pacific Standard Time on January 17, 2014, or until all winners have been selected (the “Entry Period”).
Eligible individuals interested in entering the Competition may complete a Submission during the Entry Period through the Competition website located at, www.khanacademy.org/nclex-competition (the “Competition Website”). Only one Submission will be accepted per Entrant. The Sponsor and the Administrator reserve the right, in addition to those other rights reserved herein, to modify or terminate the Competition in its sole discretion, including any dates or deadlines set forth in these Rules or otherwise governing the Competition.
As described on the Competition Website, submissions must include (a) a completed online application, and (b) three videos (each of no more than 10 minutes in length) posted on a publicly accessible website (YouTube) in accordance with the technical specifications and requirements listed on the Competition Website, and (c) 10 questions/answers (each written as Multiple Choice) included in the submission form in accordance with the technical specifications and requirements listed on the Competition Website (the “Submission”). No substitutions or new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration.
Submissions must be received during the Entry Period. The Sponsor is not responsible for Submissions that are late, lost, stolen, misdirected, or non-deliverable due to any reason whatsoever, including, without limitation, online communication malfunction or failure, computer or computer program malfunction or failure or human error that may occur in the processing of entries to this Competition. In the event of a dispute about the identity of any Entrant, an online registration will be declared as if made by the authorized account holder of the e-mail address submitted at time of Submission entry. The “authorized account holder” is the natural person assigned the underlying email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential Winner may be required to show proof of being the authorized account holder. Sponsor shall have the right to determine the identity of a potential winner in its sole discretion.
Sponsor reserves the right to disqualify any entries in its sole discretion, including any that are or it suspects of being unlawful, plagiarized, infringing, unintelligible, illegible, obscene, indecent or incomplete Submissions will be disqualified in the Sponsor's sole discretion. The Sponsor reserves the right to disqualify entries at any time during or after the Competition.
The Sponsor and the Administrator each reserves the right in their sole discretion to disqualify any Entrant who is suspected of tampering with the Submission entry process or the operation of the Competition or the Competition Website or other Competition-related websites, to be acting in violation of these Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Competition, or to annoy, abuse, threaten, or harass any other person.
Except as otherwise stated in these Rules, personal information collected in connection with the Competition will be used by Sponsor and the Administrator in accordance with Sponsor’s privacy policy, and with any additional consent given by an Entrant at the time of Submission entry. Information collected will be shared with Collaborators, and Collaborator use of the information will be governed by the Collaborators’ own privacy policies. Subject to Section 8 below, all Submissions become the property of Sponsor and will not be acknowledged or returned.
6. REPRESENTATIONS AND WARRANTIES: By participating in the Competition, each Entrant represents, warrants, and agrees that: (a) Entrant is the sole author, creator, and owner of the Submission; (b) the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (d) the Submission does not and will not contain any harmful computer code (sometimes referred to as "malware," "viruses" or "worms"); (e) the Submission, and Entrant’s use of the Submission, does not and will not violate any applicable laws or regulations, including, without limitation, applicable export control laws and regulations of the United States and other jurisdictions; and (f) the Submission does not contain information considered by Entrant or his, her, or its employer, employees or personnel, or any other third party to be confidential. If the Submission includes any works subject to third-party rights or consents (such as third party content or open source code), the Entrant (a) represents he or she has obtained, prior entering the Submission, any and all releases and consents necessary to permit use and exploitation of the Submission by Sponsor in the manner set forth in the Rules (including the license grant in Section 8) without additional compensation; and (b) must provide the Sponsor with all appropriate licenses and releases for such third party works. In the event the Entrant cannot provide all such required licenses and releases, the Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the licenses and releases for the Sponsor’s benefit and allow the applicable Submission to remain in the Competition.
7. INDEMNIFICATION: Each Entrant, by completing an Submission, agrees to indemnify, defend, and hold harmless the Sponsor, the Administrator, the Collaborators, and each of their respective directors, trustees, officers, employees, agents, consultants, and successors and assigns, from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising from Entrant’s Submission or any breach or alleged breach of any of the representations, warranties, and covenants of Entrant hereunder.
8. LICENSE: By participating in the Competition, each Entrant hereby irrevocably grants to each of the Sponsor and the Administrator a non-exclusive, royalty free, sub-licensable, perpetual, irrevocable, worldwide, license and right to reprint, display, reproduce, perform, use, and exhibit, the Submission to the extent necessary to administer the Competition, and to publicly perform and publicly display the Submission, including, without limitation, for advertising and promotional purposes relating to the Competition. The Entrants selected as Winners, as a condition to accepting their respective Prizes, hereby grant the Sponsor and the Collaborators a non-exclusive, perpetual, royalty free, sub-licensable, worldwide, license and right to post on the Sponsor’s and the Collaborator’s website(s) and any and all websites relating to the Competition (a) such Entrants’ Submissions and/or Supplemental Entry Materials (via web link or other presentation modality) and/or (b) a web link to a third party website at which the Entrant’s application can be downloaded. Each such Entrant also agrees that it will execute all such documents and take all such actions necessary to complete or evidence these license rights.
Notwithstanding the foregoing, each Entrant acknowledges that the Sponsor is a philanthropy that in the course of its normal charitable activities makes grants for projects across a wide range of disciplines and that the Sponsor or its partners may currently fund or may in the future make grants for or otherwise be involved with projects that may be directly or indirectly related or similar to Submissions submitted for the Competition. By submitting a Submission, each Entrant acknowledges and agrees that the Sponsor and its partners shall have no liability for making grants to projects that involve ideas, procedures, processes, systems, methods of operation, concepts, or principles that may also be present in a Submission.
9. PUBLICITY RELEASE: By participating in the Competition, in addition to any other rights granted herein or which may be granted in any other agreement entered into between the Sponsor, the Administrator, and/or the Collaborators, on the one hand, and any Entrant, on the other hand, each Entrant, to the extent allowed by applicable law, hereby irrevocably (a) grants to each of the Sponsor, the Administrator, and the Collaborators the right to use such Entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and promotional purposes relating to the Competition and (b) releases the Sponsor, the Administrator, and the Collaborators from any liability with respect thereto.
10. WINNER SELECTION/JUDGING CRITERIA: Judges chosen by the Sponsor (collectively, the “Judges”) will select winning Submissions from all eligible entries based on the following equally weighted judging criteria:
- Content objectivity and scientific accuracy
- Voice presentation (Do you sound authentic?)
- Visual presentation (Are the visuals clear?)
- Audience engagement (Is the video fun and engaging?)
- Video pacing (Is it rushed or does the presenter go off on tangents?)
- Technical clarity (Are there technical issues?)
- Quality of questions (are they factually correct, challenging, and similar in style to NCLEX-RN questions)
The judging criteria are to be applied in the sole discretion of the Judges, and will identify Winners. By participating in the Competition, each Entrant into the Competition acknowledges and agrees to be bound by and not challenge the final decision of the Judges.
11. NOTICE TO WINNERS: Attempts to notify potential Winners will be made using the contact information provided on the Submission. The Sponsor, the Administrator, and the Collaborators are not responsible for e-mail or other communication problems of any kind. If, despite reasonable efforts, a potential Winner does not respond within five days of the first notification attempt (or a shorter time as exigencies may require), or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit the Prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or the Entrant in question has not complied with these Rules or declines the applicable Prize for any reason prior to award or cannot travel, such potential Winner will be disqualified and an alternate Winner may be selected.
12. GENERAL LIABILITY RELEASE: Each Entrant agrees that the Sponsor, the Administrator, and the Collaborators (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Competition or any Competition-related activity, or from Entrants' acceptance, receipt, possession, use, or misuse of any Prize, and (b) have not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize, including, without limitation, regarding such prize's merchantability or fitness for a particular purpose. EACH WINNER MUST BE AWARE THAT USE OF THE TRAVEL PRIZE CAN BE HAZARDOUS AND CAN PRESENT UNUSUAL RISKS OF DEATH, SERIOUS ILLNESS AND INJURY, AND PROPERTY DAMAGE. WINNER PARTICIPATES IN USE OF THE PRIZE WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREES TO ACCEPT ANY AND ALL RISKS OF DEATH, SERIOUS ILLNESS AND INJURY, AND PROPERTY DAMAGE. The Sponsor, the Administrator, and the Collaborators assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the Competition Website or other Competition-related websites or participating in the Competition, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature.
13. FORCE MAJEURE: In the event that the Sponsor, the Administrator, and/or the Collaborators is/are prevented from awarding a Prize or continuing with the Competition as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the effected party’s control (“Force Majeure”), the Sponsor shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated for Force Majeure before expiration of the Competition Period, the Administrator will (if reasonably possible) select a Winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.
14. MODIFICATION OF THE RULES: These Rules cannot be modified or amended in any way except in writing by Sponsor. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. GOVERNING LAW/JURISDICTION: These official Rules and the promotion are governed by, and will be construed in accordance with, the laws of the state of California, and the forum and venue for any dispute arising out of or relating to these official rules shall be in the county of Santa Clara, California. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (“Jams Rules”). The Jams Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. All proceedings brought pursuant to this paragraph will be conducted in the county of Santa Clara, California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
16. WINNERS LIST: The names of the Winners will be posted at www.khanacademy.org for such period of time as the Sponsor deems reasonable.
