Official Rules

CTIA WIRELESS FOUNDATION DRIVE SMART CONTEST OFFICIAL RULES

1. ELIGIBILITY

The CTIA Wireless Foundation Drive Smart Contest (“Contest”) is open to legal residents of the fifty United States (“U.S.”), the District of Columbia (“D.C.”), and Puerto Rico who are between the ages thirteen (13) and eighteen (18) at the time of entry and who live in and have legal status to reside in the U.S., D.C., or Puerto Rico; can provide proof of such status; have valid consent of a parent/legal guardian (if a minor) to enter the Contest; agree to all laws and tax obligations of the U.S. and the jurisdiction and venue of the courts of the District of Columbia and Puerto Rico; and agree to be bound by the terms of these Official Rules. Employees and their immediate family members (parents, spouse, siblings, or children, (whether natural, adopted, or foster)), officers, directors, advisors, or agents of the By Kids For Kids Company (“Administrator”) or The Wireless Foundation (“Sponsor”) and their respective parents, affiliates, subsidiaries, successors, assigns, partners, advertising and promotion agencies, judges, webmasters, web suppliers, and other persons or entities associated with the development, administration, or fulfillment of the Contest (collectively, “Contest Entities”) are not eligible to participate in the Contest. Void where prohibited by law. All applicable federal, state, and local laws, rules, and regulations apply.

2. CONTEST PERIOD

The Contest begins on October 15, 2018, at 12:00 Noon (EST); and ends on January 6, 2019, at 11:59 PM (EST) (“Contest Entry Period”). Administrator’s computer is the official timekeeping device for the Contest.

3. HOW TO ENTER

NO PURCHASE NECESSARY. To enter the Contest, go to www.drivesmartnow.com (hereinafter, “Website”), click on the “Register” or “Enter” button and follow the instructions found on the Website. When you access the Contest Registration on the Website, you will be required to select a username, a password, and enter your full name, full home address, email address, and birthdate. If you are a Minor, you must also enter your parent/legal guardian’s email address. They will receive an email notifying him/her that you have registered with the Website and will have the option to opt you out of the Website at their discretion, in which case you will no longer be allowed to enter the Contest. Once you have fully completed and submitted all non-optional data requested by the online registration, you will be assigned an account.

Once you have an account, proceed to your assigned entry workspace, where you can develop, store, access, change, alter, modify, and refine your entry, at any time until you are ready to submit your entry. You may access your workspace by clicking on the “Login” button and entering your username and password. By accessing and using the entry workspace, you are under no obligation to submit your entry to the Contest. Until you submit your Contest entry, the Administrator will not have access to your entry workspace or any of the work in your account, and you can remove your work from the workspace at any time prior to submission.

Prior to your entry being submitted, if you are a Minor, your parent/legal guardian will need to agree to these Official Rules by clicking the appropriate button, failure to do so will result in entrant’s submission being disqualified. Once a qualifying adult has assented to these Official Rules, your entry may be submitted. Submissions that do not comply with the submission requirements, or otherwise with these Official Rules will be void, eliminated, and not eligible for consideration. When you have completed your entry; are satisfied that it answers all the questions fully; have uploaded or linked your Digital Short (as defined below); and are ready to submit your entry; click the “Submit” button.

You can change, alter, or modify your entry before it is submitted (while it is in your workspace in edit mode), however, once an entry is submitted it cannot be changed, altered, or modified for any reason and in any way, whatsoever. You may keep a ‘read only’ copy of your entry, which has been locked, in your workspace for archival purposes. You may enter as many times as you wish, but each entry must be submitted separately. Once submitted, entries become the property of Administrator and Sponsor. Entries will neither be acknowledged nor returned.

All information submitted by entrants is subject to, and will be treated in a manner consistent with, the Administrator Terms of Service accessible at https://www.bkfk.com/terms and the Administrator Privacy Policy accessible at https://www.bkfk.com/privacy.

4. USERNAME/PASSWORD

When you access the Website, to work in your account or to participate in the Contest, you must log in using your username and password in order to enter your entry workspace. If at any time you forget your username or password, you may access your username and password by following the on-screen instructions, for retrieving your username and/or password. Once you complete the steps, your username and/or password will be shown on your screen. You are solely responsible for the security of your username and password. You should take precautions to keep your username and password private to prevent unauthorized use. Neither Administrator, Sponsor, Contest Entities, nor any other person or entity will be responsible for any losses, damages, or consequences you may suffer due to careless or unauthorized use of your username and/or password.

5. SUBMISSION REQUIREMENTS

In addition to conforming to the requirements of these Official Rules, each entry must:
  • a.Be a video between fifteen (15) seconds and sixty (60) seconds in length, whose message is to convince teens of the dangers of distracted driving and the importance of not texting while driving (“Digital Short);
  • b.Be submitted as an uploaded file (either .mov, .wmv, or .mpg4) or link;
  • c.Be in the American English language;
  • d.Be submitted through the Contest entry workspace on the Website.
  • e.Be received and recorded by the Administrator’s Contest computer by January 6, 2019 at 11:59 PM (EST).

By submitting an entry you (or your parent/legal guardian on your behalf, if you are a Minor) (hereinafter referred to as “You” and “Your”) warrant and represent, to the best of your knowledge, that Your Contest entry (including but not limited to the video, images, or audio): (1) does not violate any applicable law, regulation, or right of any third party including but not limited to patent, copyright, trademark, publicity, privacy, or other intellectual property rights; (2) does not contain any music, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image or intellectual property of any company or individual without that entity’s/person’s prior written consent; (3) does not contain any names or private and/or sensitive information about an individual without that person’s prior written consent; (4) does not violate any fiduciary relationship or violate any agreement you may have; (5) does not contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, obscene, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate; (6) was not unsafe to make or produce; and (7) does not contain any virus, bugs, or other deleterious material.

Additionally, You represent and warrant that: (1) the Contest entry was 100% entrant’s own, sole, and original work; (2) the entrant will promptly provide Administrator with all information reasonably requested by Administrator in relation to entrant’s Contest entry; (3) You have read, understand, and agree to be bound by these Official Rules and by the decision of the Sponsor and Administrator, which are final and binding in all respects; and (4) You agree to submit an Affidavit of Eligibility and Release (“Affidavit”) in compliance with these Official Rules.

Any Contest entry in violation of the above requirements and restrictions, as determined in Sponsor and Administrator’s sole and absolute discretion, shall be deemed void.

6. IDENTITY OF ENTRANT

In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address of the account on which the Contest entry is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each winner may be required to provide Administrator with proof that they are the authorized account holder of the email account associated with the winning entry.

7. JUDGING CRITERIA

There will be two (2) rounds of judging:

Round 1: All submissions will be judged based on the following criteria: (1) originality of the entry (40%); (2) effective communication of the message (30%); and (3) potential impact of the Digital Short (30%) (collectively, “Judging Criteria”). The judges will select twenty (20) semifinalists (“Semi-Finalists”) from among all submissions received during the Contest Entry Period, provided there are at least twenty (20) qualified entries. In the event of a tie, the submission with the higher score in the “originality of the entry” criterion will prevail.

Round 2: A panel of five (5) to seven (7) judges, appointed by the Sponsor, will determine the grand prize winner (the entry with the top score); two runners-up (the entries with the second and third highest scores); and three finalists (the entries with the fourth, fifth, and sixth highest scores). The grand prize winner, runner-ups, and finalists will be selected on or around March 1, 2019. Winners will be publicly announced in April, 2019. The decisions of the Sponsor, Administrator, and judges’ concerning all matters related to the Contest are final and binding in all respects.

8. PRIZES

The odds of winning depend upon the number of eligible entries received. The prizes are as follows:
  • One (1) grand prize winner will receive: (1) a scholarship in the amount of $10,000.00 to be issued in the form of a check; and (2) a check to his/her teacher/mentor in the amount of $1,000.00 (ARV: $11,000.00 USD).
  • Two (2) runner-up’s will each receive: (1) a scholarship in the amount of $5,000.00 to be issued in the form of a check; and (2) a check to their teacher/mentor in the amount of $500.00 (ARV: $11,000.00 USD)
  • Three (3) finalists will each receive: (1) a scholarship in the amount of $1,000.00 to be issued in the form of a check; and (2) a check to their teacher/mentor in the amount of $250.00 (ARV: $3,750.00 USD)
  • Fourteen (14) semifinalists will each receive: (1) a certificate of achievement; and (2) a letter from The Wireless Foundation acknowledging their accomplishment (ARV: $0.00 USD)

The teachers/mentors will be nominated by each of the top six (6) winners listed above, as the teacher/mentor who was most helpful in his/her entry process.

Each prize is non-transferable and non-assignable, with no cash redemptions, or substitutions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion.

9. WINNER NOTIFICATION

Each winning entrant will be notified by Administrator, within ten (10) business days of winner selection. Winners may be notified via telephone, email, overnight mail, and/or regular mail. As a condition precedent to prize acceptance, winners will be required to execute (or if winner is a minor, their parent/legal guardian on their behalf) and return the Affidavit, and any other documents, as designated by Administrator or Sponsor. Non-compliance with the foregoing; failure to comply with verification process and/or eligibility requirements; return of prize or prize notification as undeliverable; or the inability of Administrator to contact a winner within a reasonable time period, may result in the applicable winning entrant being disqualified, and at Administrator’s sole discretion, awarding of a prize to an alternate entrant.

If a winner becomes disqualified; fails to claim a prize; or forfeits a prize for any reason; Administrator will award the prize to the next highest scoring entry. Sponsor and Administrator assume no responsibility for lost, misdirected, or undelivered prize notifications. Sponsor and/or Administrator reserve the right to disqualify any entry for failure to complete and submit the required Affidavit; failure to comply with these Official Rules; the laws and regulations of the United States; any state or local jurisdictions; or because the United States government has levied sanctions against the winner.

10. RANDOM DRAWINGS

All entries will be received and recorded by Administrator’s computer. During the first seven (7) weeks of the Contest Entry Period, at 9:00 PM EST, on the dates listed below, the Administrator will use its computer to randomly select one (1) winner to receive a prize of a $100 gift card for that week, provided there is at least one (1) submitted eligible entry. An eligible entry will meet all of the requirements as outlined in Section 5 of these Official Rules.

All individuals who have submitted an entry into the Contest, prior to the weekly random drawing dates listed below will be eligible for the random drawing during that week. The quality of the entry will not affect the odds of winning. The odds of winning the weekly random drawing depends on the number of entries received. The Administrator will attempt to notify the weekly winner via telephone or email within three (3) days, of the dates listed below.

Week 1 Random Draw Date: October 21, 2018 at 9:00 PM EST

Week 2 Random Draw Date: October 28, 2018 at 9:00 PM EST

Week 3 Random Draw Date: November 4, 2018 at 9:00 PM EST

Week 4 Random Draw Date: November 11, 2018 at 9:00 PM EST

Week 5 Random Draw Date: November 18, 2018 at 9:00 PM EST

Week 6 Random Draw Date: November 25, 2018 at 9:00 PM EST

Week 7 Random Draw Date: December 2, 2018 at 9:00 PM EST

11. COSTS

You agree that you are responsible for any costs, that entrant may incur in connection with the Contest or any prize that entrant may be awarded. You further agree that you are responsible for any and all federal, state, provincial, local, or other tax liabilities in connection with the acceptance of any prize that entrant may win.

12. DISCLAIMER

Sponsor, Administrator, and Contest Entities are not responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible Contest entries (or any component thereof) or for inaccurate entry information, whether caused by Sponsor, Administrator, Contest Entities, or by any computer, technical, human error, or malfunction that may occur in the processing or judging of the Contest entry, the administration of the Contest, or in the announcement of prizes. Additionally, Sponsor, Administrator, and Contest Entities shall not be responsible for incorrect or changed URLs concerning Contest entries posted on the Website. Incomplete Contest entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Sponsor and Administrator reserve the right, in their sole and absolute discretion, to void suspect Contest entries or to modify, cancel, terminate, or suspend the Contest should a virus, bug, or other cause corrupt or impair the administration, security, or integrity of the Contest. Persons who tamper with or abuse any aspect of the Contest, as solely determined by the Administrator, will be disqualified. Use of any automated system to submit entry forms is prohibited and will result in disqualification.

13. LIMITATION OF LIABLITY

By entering the Contest, You voluntarily and irrevocably release, discharge, waive, relinquish, hold harmless, and absolve the Sponsor, Administrator, and Contest Entities (hereinafter, “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost, or expense (whether due to negligence or otherwise) whatsoever including without limitation, attorney’s fees, property damage, personal injury and/or death, or for breach or failure of any representation, warranty, or obligation, which may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance, and/or use or misuse of prize or participation in any Contest-related or prize-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement (including claims under state law moral rights provisions, as applicable), trademark infringement, or any other intellectual property-related cause of action, including without limitation in connection with entrant’s Contest entry and/or any prize awarded where there are (1) errors whether technical, printing, typographical, human; (2) data being lost, corrupt, misdirected, stolen, lost, late, damaged, incomplete, mutilated, or illegible; (3) hardware, software, browser, computer, server, or network failure, malfunction, congestion, delay, error, or incompatibility; and (4) any other error that results in harm to which You, or Your heirs, executors, administrators, and assigns, had, now have, or hereafter may have, by reason of any matter, connected in any way with the above named entrant’s Contest entry and participation in the Contest.

Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries; for interrupted or unavailable satellite, network, server, Internet Service Provider, Website, telephone, or other connections; availability, or accessibility issues resulting in miscommunications or failed computer, satellite, telephone, cable transmissions, or lines; technical failures such as jumbled, corrupted, scrambled, delayed, or misdirected transmissions; computer hardware or software malfunctions, failures, technical errors or difficulties; or other errors of any kind whether human, mechanical, electronic, network; and the incorrect or inaccurate capture or entry of information or failure to capture, store, or the loss of any such information. Entrants are expected to, and must, retain copies of all portions of their entries, and must not rely on Administrator to retain the same. Administrator is not responsible for lost or corrupted submission materials.

Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to, or resulting from, participation in the Contest or downloading or printing materials of any kind from, or for, the Contest, or use of the Website. Should any portion of the Contest be, in Administrator’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention, technical failures, or other causes which, in the sole opinion of the Administrator, corrupt or impair the administration, security, fairness, proper conduct, or submission of entries, Administrator and Sponsor reserve the right, at its sole discretion, to suspend, modify, or terminate the Contest, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Administrator or Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, transmission, communications line failure, theft, destruction, or unauthorized use to the Website.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTEST, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

14. LICENSE

To the fullest extent permitted by applicable law, You hereby grant Sponsor, Administrator, and the Contest Entities an irrevocable, perpetual, with the right of publicity, world-wide license to use, adapt, reproduce, distribute, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit, broadcast, publicly or otherwise, and to use and permit to be used, entrant’s Contest entry, content, or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, graphics, video, or audio segments of any nature), in any media whatsoever and to publicly display entrant’s Contest entry, name, picture, image, likenesses, voice, biographical information, statements, identifiable aspects, and any photograph, film, video, audio recording or other recording taken of entrant or such materials, in whole or in part, throughout the universe, for any advertising, marketing, promotional, or commercial purposes in connection with the Contest as determined in the sole discretion of Sponsor and Administrator without notice and hereby waive all claims to compensation, royalties, remuneration, consideration, notice, or permission in connection therewith.

15. ARBITRATION

Except where prohibited You agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prize awarded, or the determination of the winner(s), must be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (2) any and all claims, judgments, and awards must be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (3) under no circumstances will entrants be permitted to obtain awards for, and entrant 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. If permitted by law, and the American Arbitration Association Rules, entrants or entrant’s parent/legal guardian (if entrant is a Minor) agree, all proceedings commenced hereunder, the details, transcripts, testimony and all particulars of all such proceedings, and the results of all such proceedings, but not limited to findings of fact and/or law, and awards, (all as however characterized), must be kept and maintained as confidential by all of the parties (and their counsel or representative(s)) to any proceeding, and must not be disclosed, in whole or in part, directly or indirectly, to any third party.

16. CHOICE OF LAW

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, the Affidavit, and/or the rights and obligations of entrants, Administrator, Sponsors, or Contest Entities in connection with the Contest, must be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard for conflicts of law doctrine, and all proceedings must take place in the State of Connecticut. Sponsor or Administrator’s failure to enforce any of the terms of these Official Rules shall not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable, will be enforced to the fullest extent permissible, and the remainder of these Official Rules will remain in effect.

17. WINNER’S LIST

To obtain the name of Contest winners, mail a first-class, self-addressed, and stamped envelope to: BKFK, ATTN: Drive Smart Contest; 1177 High Ridge Rd; Stamford, CT 06905. All requests for winners must be received by April 30, 2019. Names of winners may also be posted on the Drive Smart Contest Website.

18. ADMINISTRATOR

The By Kids For Kids Company, 1177 High Ridge Road, Stamford, CT 06905 USA.

19. SPONSOR

The Wireless Foundation, 1400 16th Street NW, Suite 600, Washington, DC 20036.