BME CHALLENGE

FULL TERMS AND CONDITIONS

Participation constitutes your acceptance of these Terms and Conditions.

PROGRAM OVERVIEW:

Black Male Engagement, or BME (pronounced “be me”), is a pilot initiative launched August 1, 2011 in Detroit and Philadelphia to get more black men and boys engaged in those cities by highlighting the positive impact their engagement has on their neighborhoods and communities.

BME has three simple steps:

  1. Recognize those black men and boys who are engaged: In step-1 which is open until September 30th, community members give BME the names of black men and boys who deserve to be recognized for the big and small things that they do to engage others in the community. Then those guys post stories about how they are engaging others in the community.
  2. Re-enforce that such behavior is valued by getting others in the community to support and promote it: In step-2 those guys who are named get social re-enforcement:
    • When people visit the site, share those guys stories on Facebook and Twitter, vote on stories they like
    • When individuals and organizations like local pastors, libraries, clothing stores, and art venues think up their own ways to “thank” these engaged individuals
    • At a recognition event in each city on October 24th
  3. Resource: In step-3 at the recognition event we will announce the grant-contest.
    • The engaged community members who were nominated in Step-1 are eligible for grants from $1,000-$50,000 for efforts that they are willing to lead to improve their communities
    • The grant contest opens October 24th and closes November 21st
    • Entrants and nominators from step 1 can vote on posted project ideas
    • Winners are announced January 4th
    • Funded projects will have up to one year to be completed

PARTICIPATION DATES:

PHASE ONE (Recognize and Re-enforce): the Program begins August 1, 2011 at 12:00:01 AM Eastern Time ("ET") and ends September 30, 2011 at 11:59:59 PM ET (“Phase One Period").

PHASE TWO (Resource): Phase Two of the Program begins at 12:00:01 AM ET on October 24, 2011. Applications for funding of a Project (as hereinafter defined) must be submitted by 11:59:59 PM ET on November 14, 2011(the period from October 24 through November 14, 2011 is referred to as "Phase Two Submission Period"), and all voting with respect to Phase Two will end at 11:59:59 PM ET on November 21, 2011 (the period from October 24 through November 21, 2011 is referred to as "Phase Two Voting Period").

WHO MAY PARTICIPATE:

Appplicants: The Program is open to Black males who are (i) legal residents of the United States, (ii) maintain their principal residence in Detroit, Michigan or Philadelphia, Pennsylvania, (iii) are at least 14 years of age as of the date of entry for Phase One and 18 years of age as of the date of entry for Phase Two, and (iii) meet the other eligibility requirements set forth in these Official Rules. Only individuals who register and submit a Story during the Phase One Period are eligible to participate in Phase Two. Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) of the John S. and James L. Knight Foundation or the Open Society Institute, the current Program funders. Current and future Program Funders are not eligible to participate in either Phase One or Phase Two. Void where prohibited by law. The Program is subject to all applicable federal, state and local laws. Participants agree that Funders may conduct background checks, and participants agree to execute all documents necessary for Funders to obtain such background check. Factors that could result in disqualification from participation in the Program include, without limitation, having been charged with or convicted of a felony or misdemeanor involving certain offenses deemed inconsistent with the “Funders’’ mission, or being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc.

Nominators: Anyone - regardless of race, gender or city of residence - may nominate a black male to submit a story.

HOW TO PARTICIPATE IN PHASE ONE:

A. To Submit a Story: Visit http://www.bmechallenge.org (the “Site”) during the Phase One Period, register by providing the requested information and follow the instructions to submit a story that complies with the Submission Requirements as listed below and relates a story about how you engage others in issues or opportunities affecting your community(a “Story”). The Story must be submitted before the end of the Phase One Period. All Stories are subject to approval by Funders, which reserve the right not to post or, after posting, to remove, a Story for any reason Incomplete Stories, including but not limited to those Stories that do not comply with the requirements set forth in these Terms and Conditions, will not be eligible for voting.

Stories may not contain, as determined by Funders in their sole discretion, any content that: (a) is inappropriate, offensive, or obscene; (b) communicates messages or images inconsistent with the positive images and/or good will to which Funders wishes to associate; and/or (c) violates any law.

Stories must be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting a Story, participant warrants and represents that he/she consents to the use of the Story in the Program and as otherwise set forth herein. Funders do not guarantee that any Story made will be posted.

Funders reserve the right to disqualify any Story for any reason, in their sole and absolute discretion, including their determination in their sole discretion that a Story fails to satisfy any of the above requirements or has benefited from votes submitted in violation of these Terms and Conditions. Funders also reserve the right to delete any inappropriate content from a Story without disqualifying the entry where, in Funders’ determination, such change does not materially alter the Story and the participant has otherwise attempted in good faith to comply with these terms and conditions.

B. To Nominate a Potential Participant: Any individual who has been inspired by an Black male’s efforts to engage others in issues or opportunities affecting their community and would like to see that individual submit a Story may register on the Site and follow the instructions for submitting a nomination. Upon receipt of a nomination, the Funders will reach out to the nominated individual and invite them to participate in the Program, through their intermediary Context Partners.

C. To Vote on Stories: Eligible Stories made during the Submission Period will be displayed on the Site during the Phase One Period. During the Phase One Period the community will be encouraged to give a “thumbs up” to the publicly visible Stories posted on the Site. Each “thumbs up” will be considered one vote. To vote in Phase One, visit the Site and register by providing the requested information. Once logged onto the site using your user name and password, you will be able to vote by giving a “thumbs up” to your favorite Stories. All votes must be registered during the Submission Period. Each individual may submit only one (1) “thumbs up” per Story. Votes generated by script, macro or other automated or improper means and votes made by any means which subvert the participation process will be void. Funders reserve the right to invalidate all votes received through any fraudulent or inappropriate means as determined by Funders in their sole discretion.

The five (5) participants whose Stories received the most “thumbs up” will have a 30-second video highlighting their story produced by the Funders and presented at the celebratory event before their peers, nominators, and the media. The Funders’ decisions are final and binding on all matters.

HOW TO PARTICIPATE IN PHASE TWO:

A. To Make A Request for Project Funding: Login during the Phase Two Submission Period using your USER NAME and PASSWORD assigned at the time of registration for Phase One and follow the instructions to submit a proposal for a project to better your community (a “Project Proposal”). A Project Proposal should include all information requested in the instructions, but will include at a minimum:

  1. the community issue or opportunity to be addressed
  2. what the proposed project will do to help inform and engage the community, in one of three broad areas:
    • fostering a sense of belonging and caring in the community
    • increasing residents timely access to relevant news and information
    • weaving arts into the fabric of the community
  3. how the project will engage others in the issue or opportunity affecting their community
  4. the person or project team (who is leading the work)
  5. a project budget summary that outlines additional resources necessary to complete the project and the cost
    • the organization’s annual operating budget (organization applicants only)
    • most recent financial statement, audit or completed IRS form (organization applicants only)
  6. The funding category for his proposal, ranges are:
    • $1,000-$4,999,
    • $5,000 - $9,999,
    • $10,000 - $24,999 and
    • $25,000- $50,000.
  7. A commitment that, should the applicant win, they will use the funding – in the form of a grant – to complete the project detailed in their proposal
  8. A commitment that, should the applicant win, they will complete their proposed project within one year after the grant is rewarded.

All eligible entrants will be able to cast up to four (4) votes for other entrants during the grant competition phase (step 3).  Their votes will be considered by the judges in making funding decisions.

All Project Proposals must be submitted before the end of the Phase Two Submission Period. Once a Project Proposal is submitted, you will not be permitted to change that Project Proposal. All Project Proposals are subject to approval by Funders, which reserve the right not to post or, after posting, to remove, a Project Proposal for any reason. Limit one (1) Project Proposal per participant. Any attempt to make more than one (1) Project Proposal may void all Project Proposals from that participant. Incomplete Project Proposals, including but not limited to those Project Proposals that do not comply with the requirements set forth in these Terms and Conditions, will not be eligible for voting or judging.

B. To Vote on a Project Proposal: Eligible participants whose Project Proposals have been submitted during the Phase Two Submission Period and subsequently accepted for consideration by Funders (such participants “Phase Two Participants”) will have their Project Proposals displayed on the Site. During the Phase Two Voting Period, all eligible entrants and all eligible nominators from Phase 1 may cast votes for Project Proposals submitted during the Phase Two Period.  Their votes will help determine the winners. Phase 1 entrants may cast up to four (4) votes for other entrants and nominators may cast one (1) vote .

All votes must be registered during the Phase Two Voting Period. Votes generated by script, macro or other automated or improper means and votes made by any means which subvert the participation process will be void. Funders reserve the right to invalidate all votes received through any fraudulent or inappropriate means as determined by Funders at their sole discretion.

Funders will consider the voting results as a factor in deciding whether or not to fund each Proposal, provided however that Funders will determine whether and how many Project Proposals to fund in their sole discretion and do not guarantee that any Project Proposals will be funded. The Funders' decisions are final and binding on all matters.

GENERAL CONDITIONS:

Submission of a Story or a Project Proposal constitutes permission (except where prohibited by law) to use the participant’s Story, Project Proposal, name, likenesses, photographs, statements and biographical information (all at Funders’ sole discretion) for future publicity and other purposes in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Funders and their officers, directors, agents, representatives and employees (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed or undelivered Stories or Project Proposals; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Program-related information or materials or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, technical problems, traffic, congestion on the internet, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit participant’s ability to participate in the Program, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Program, or the processing or judging of Stories or Project Proposals. Funders reserve the right to modify, suspend or terminate the Program for any reason, including in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Program in their entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity of, or proper participation in the Program, and, if terminated, at Funders’ discretion, (i) determine the results of Phase One voting using all non-suspect, valid votes received up to time of cancellation; and/or (ii) to determine the results of Phase One or Phase Two using only non-suspect, eligible Stories or Project Proposals received up to time of cancellation using the judging criteria outlined above. In the event of a dispute regarding Stories, Project Proposals or votes received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of submission of a Story or Project Proposals will be deemed to be the participant and must comply with these Terms and Conditions. Funders reserve the right at their sole discretion to disqualify any individual it finds or suspects to be tampering with the Story, Project Proposal, or the voting process or operation of this Program or any website (including the Site), including any act that is intended to or has the effect of annoying, abusing, threatening, harassing, or disparaging any other participant, Funders or any of their representatives or to otherwise be acting in violation of these Terms and Conditions and void all associated Stories or Project Proposals. CAUTION: Any attempt by any individual to deliberately damage the Site or undermine the legitimate operation of the Program is a violation of criminal and civil laws. Should such an attempt be made, the Funders reserve the right to seek damages from any such individual to the fullest extent permitted by law and to disqualify any involved participant from the Program.

By submitting a Story or Project Proposal, participant acknowledges and agrees that Funders may obtain many Stories or Project Proposals under this Program and that such Stories or Project Proposals may be similar or identical in theme, idea, format or other respects to others submitted under this Program, developed by Funders and/or other ideas or submissions received in other promotions staged and/or sponsored by the Funders, and participant hereby waives any and all claims participant may have had, may have, and/or may have in the future, that any similar Story, Project Proposal or other works accepted, reviewed and/or used by the Funders (or their respective designees) may be similar to participant’s Story or Project Proposal. Participant acknowledges and agrees that the Funders do not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Story or Project Proposal.

The participant agrees to indemnify and hold harmless the Released Parties from and against any losses, costs, expenses, judgments, settlements and damages resulting from any claim or action arising out of a breach of any covenant, representation, or warranty made by the participant in connection with the participant’s participation in the Program. 

Participation in this Program, including submission of a Story, Project Proposal, or receipt of funding from the Funders, does not make the participant an employee, servant, partner, or agent of the Funders for any purpose, and, accordingly, the participant may not bind, obligate, or represent the Funders.”

ASSIGNMENT OF RIGHTS:

If selected for posting on the Site, participant hereby grants to Funders an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, transferable license to use his Story and Project Proposal, including, without limitation, the right to reproduce, transmit, display, distribute, comment on, edit, modify, alter, create derivative works based upon, combine with other works (and all copyrights and moral rights therein and thereto and all renewals and extensions thereof), and otherwise exploit such Story and Project Proposal throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised, without notice, with or without attribution, without restriction or payment, or approval from participant.

MISCELLANEOUS CONDITIONS:

By participating in the Program, participants (i) agree to be bound by these Terms and Conditions, including all eligibility requirements, and (ii) agree to be bound by the decisions of Funders, which are final and binding in all matters relating to the Program. Failure to comply with these Terms and Conditions may result in disqualification from the Program. Funders reserve the right to permanently disqualify any person it believes has directly, indirectly, or in concert with any other person, violated these Terms and Conditions, and to void all associated Stories or Project Proposals.

RELEASES:

By participating in the Program, you agree to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Program, or acceptance or use of any prize or resulting funding, the administration of the Program, the operation of any website (including the Site) or Released Parties’ use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any participant or person or the responses of anyone referenced in any Story.

CHOICE OF LAW/DISPUTE RESOLUTION:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, participants’ rights and obligations, or the rights and obligations of the Funders in connection with the Program, shall be governed by, and construed in accordance with, the laws of State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Florida. Participants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Program or any prize or funding awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Dade County Florida; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program and in no event shall participants be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In no event shall participants seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain exploitation of the Program of any advertising or other materials issued in connection therewith, including, but not limited to, any Story or Project Proposal, or any other exploitation thereof.