SkyDay Art Competition
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE TEACHERS’ CHANCES OF WINNING
CONTEST DESCRIPTION. The SkyDay Art Competition (the "Contest") is a drawing submission contest offering eligible teachers the opportunity to submit their classroom’s original art for consideration. The Contest allows eligible teachers to enter their students’ art in response to three projects (collectively, the “Submission”) into the Contest where they will be posted on “Sponsor’s” (as defined below) website for SkyDay determine the winners as described herein.
The Contest will flow as follows:
Submission Period: The contest Submission Period begins on September 23, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends on November 30, 2022 at 11:59:59 p.m. ET.
Contest Winner Announcement: The Global Contest winner announcement for the Grand Prize, Runner-Up prizes, and Special Mentions will take place on or about December 5-9, 2022.
The Sponsor of this Contest is Only One Sky ("Sponsor"), which has its principal place of business at Registered Agents, Inc. 1900 E Golf Rd. STE 950A Schaumburg, Illinois, 60173. By participating in this Contest, each Teacher (defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. This contest is subject to federal, state, and local laws and regulations.
ELIGIBILITY: Contest is open to all individuals who are eighteen (18) years of age or older, are currently employed as the teacher of a student grades 9-12, and has permission from the student, or if the student is under eighteen years of age, has permission from a parent or legal guardian to enter the student’s art in the contest (“Teacher”). It is the Teacher that is the “entrant” and not the student whose art is submitted. Employees, officers, directors and agents, of Sponsor and its parent, subsidiaries, affiliates, divisions, agents and advertising agencies (collectively, the "Contest Entities"), and their immediate families (parents, siblings, children and/or spouses), regardless of where they live, or members of the same household (whether related or not), are not eligible to enter or win any prizes. Contest is void where prohibited by law.
HOW TO ENTER: Teachers can enter online at http://skydayproject.com/competition (the “Website”) and follow the on-screen instructions to create a free online Gallery to submit student’s work (the “Form”). Complete the Form with the information requested including Teachers’ complete name, email address, name and location of Teachers’ school/club/group, number of students in Teachers’ class, age of Teacher’s artists, and the name for Teachers’ Gallery, and following the on-screen instructions to create Teachers’ Gallery. Teachers’ will then be able to submit Teachers’ students’ work through Teachers’ online Gallery. By entering, Teachers warrant that they have secured the right from Teachers’ student to submit his or her work in the Competition. All requested information on the Form must be completed to participate in the Contest. Incomplete entries will be disqualified. Except as contemplated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with Sponsor’s privacy policy available at https://skydayproject.com/privacy.
Each Submission that is submitted into the Contest must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
Online Submissions must be submitted in one of the following formats: .jpeg or .heif;
There must be at one art work submitted in response to each of the three (3) projects;
Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities;
Online Submissions must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with the Contest;
Submissions must be entirely original to the student and must NOT include any copyrighted media production, or references to films, music, books, television programming, etc., or contain any identifying descriptions of any media property;
Submissions must NOT have been previously submitted to another contest or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion;
Submissions must NOT include third parties/people, who have not expressly authorized the student to display their image or likeness in the Submission for purposes of this Contest. Third Parties include but are not limited to celebrities, friends and minors who have not obtained parental consent prior to such participation;
Submissions must NOT include images of or reference to trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses, except those belonging to Sponsor, nor the names and likenesses of other individuals without their written consent;
Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
Submissions cannot depict, and cannot itself, be in violation of any law; and
Submissions must comply with the Sponsor’s Terms and Conditions located at URL: https://skydayproject.com/terms-of-use.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND REFLECT THE VIEWS/OPINIONS OF THE STUDENT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Teachers. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of Contest, to request that Teacher resubmit his or her Submission which fails to comply with the Contest entry requirements prior to any judging period. With Teachers’ Submission, Teachers agree that the Submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Teacher. Teachers acknowledge that, by acceptance of Teachers’ submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Teachers. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, Teachers acknowledge that Sponsor has no obligation to use or post any Submission Teachers submit.
No other form of participation is valid. Teachers can submit unlimited number of artworks per student. The Website’s computer is the official timekeeping device for this Contest. No automated entry devices and/or programs permitted. Entries generated by a script, macro or other automated means will be disqualified. Teachers must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. Submissions will become the property of Sponsor and will not be returned or acknowledged by the Sponsor.
WINNER SELECTION/NOTIFICATION: After the Submission period is complete, the Sponsor will review all the Submissions, and choose the winning Gallery based on the following equally weighted judging criteria: creativity; originality; and how well the art within the Gallery fits the projects’ assignment. One Grand Prize winner and two Runner-Up Prize winners will be selected by Sponsor. Sponsor may also select up to three (3) Special Mention winners.
The Teachers with the potential winning Gallery entry will be notified by telephone and/or email using contact information provided at the time of entry. The Winners must execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities (the “Prize Claim Documents”), within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Teachers will be required to obtain a release from the parent/legal guardian of student who submitted the potentially winning artwork. Potential winners will not be eligible to receive a prize until all properly completed Prize Claim Documents are received. Sponsor reserves the right to select fewer prizes than are set forth herein in this Contest if there are fewer eligible entries than prizes available or for any other reason in accordance with these Official Rules. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Teachers. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential Teachers, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Submission.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the Teachers’ eligible student’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus and is otherwise uncorrupted; (iii) as of the date of entry, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. As a condition of entering, Teachers must agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, and distributors, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto (b) under no circumstances will Teacher be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
GRANT OF RIGHTS: Each Teacher entering into the Contest hereby irrevocably grants (and agrees to secure such a writing from the parent/legal guardian of student who submitted the potentially winning artwork) to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Teacher irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Teacher in or winner of the Contest, each Teacher irrevocably grants (and agrees to secure such a writing from the parent/legal guardian of student who submitted the potentially winning artwork) the Sponsor and its successors, assigns and licensees, the right to use such Teachers’ name, his/her eligible student’s name, Teachers’ and student’s likeness, and Teachers’ and student’s biographical information, artwork submitted in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsor from any liability with respect thereto.
PRIZES AND APPROXIMATE RETAIL VALUES:
Grand Prize:
One (1) Grand Prize winning classroom will be interviewed on WBEZ by rising star journalist Sasha Ann Simons. The Grand Prize winning classroom will also receive a check for $500 USD. The approximate retail value (“ARV”) of the Grand Prize is $500 USD. Winner cannot assign the cash payments.
Runner-Up Prize:
Two (2) Runner-Up Prizes are available. Each Runner-Up Prize winning classroom will receive a check for $250 USD. The approximate retail value (“ARV”) of the Runner-Up Prize is $250 USD. Winner cannot assign the cash payments. Sponsor’s only obligation is to pay the winner.
Special Mention Prize:
Three (3) Special Mention Prizes are available. Each Special Mention Prize classroom will have their works featured on the Sponsor’s Website. The ARV of each Special Mention Prize is $0.00. There is no guarantee that any Special Mention Prizes will be awarded.
Check may be subject to separate terms and conditions imposed by issuer. Except as otherwise noted herein, no prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason.
GENERAL: Teachers agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from teachers’ acceptance, receipt, possession and/or 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 the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to Teachers’ computer system which is occasioned by accessing the Website or participating in the Contest, 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. Without limiting the generality of the foregoing, the Contest Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries, or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other technical or human errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the potential winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of 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.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and Teachers shall not be entitled to any damages or other relief by reason thereof.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF TEACHERS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE TEACHERS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF TEACHERS’ DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN CONTEST, EACH TEACHER (AND AGREES TO SECURE IN WRITING FROM THE PARENT/LEGAL GUARDIAN OF STUDENT WHO SUBMITTED THE POTENTIALLY WINNING ARTWORK)AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY TEACHER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND TEACHER HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) TEACHERS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND TEACHER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY TEACHER.
WINNER’S LIST: The name of the Teacher, the school, and classroom and the name of the Global Prize, Runner-Up Prizes, and Special Mention Prize winning Gallery will be published on the Website and Sponsor’s social media pages.