*Previously referred to as the Hohokam People
Once a registrant has submitted an Application, we will conduct an initial Administrative Review of every submission, to ensure that they comply with our Rules and other requirements. After we have qualified those submissions for assessment, every valid application is assigned to five Peer Reviewers, who are responsible for assessing them using our Trait Scoring Rubric. This is the same Trait Scoring Rubric the Selection Committee will use. The Peer Reviewers and the Selection Committee reviewers will offer both scores and comments against each of four traits. Any assigned reviewer will assess an applicant by resolving a score between 0-5 points for each trait, in increments of 0.1. Those scores will combine to produce a total score. Examples of possible scores for a trait are: 0.4, 3.7, 5.0, etc.
The most straightforward way to ensure that everyone is treated by the same standard would be to have the same reviewers score every application; unfortunately, due to the number of applications that we plan to receive, that is not possible.
Since the same reviewers will not score every application, the question of fairness needs to be carefully explained. One reviewer may be a hard grader, taking a more critical view by giving every assigned applicant a range of scores only between 1.0 and 2.0, as an example; meanwhile, another reviewer may be more generous, scoring any assigned applicant between 4.0 and 5.0.
For illustrative purposes, let’s look at the scores from two hypothetical reviewers:
The first judge is far more generous, as a scorer, than the second reviewer, who gives much lower scores. If your application was rated by the first reviewer, it would earn a much higher total score than if it was assigned to the second reviewer.
We have a way to address this issue. We work to ensure that no matter which reviewers are assigned to you, each application will be treated fairly. To do this, we utilize a mathematical technique relying on two measures of distribution, the mean and the standard deviation.
The mean takes all the scores assigned by a reviewer, adds them up, and divides them by the number of scores assigned, giving an average score.
Formally, we denote the mean like this:
The standard deviation measures the “spread” of a reviewer’s scores. As an example, imagine that two reviewers both give the same mean (average) score, but one gives many zeros and fives, while the other gives more ones and fours. It wouldn't be fair, if we didn’t consider this difference.
Formally, we denote the standard deviation like this:
To ensure that the review process is fair, we rescale all the scores to match the reviewer population. In order to do this, we measure the mean and the standard deviation of all scores across all reviewers. Then, we change the mean score and the standard deviation of each reviewer to match.
We rescale the standard deviation like this:
Then, we rescale mean like this:
Basically, we are finding the difference between both distributions for a single reviewer and those for all of the reviewers combined, then adjusting each score so that no one is treated unfairly according to which reviewers they are assigned.
If we apply this rescaling process to the same two reviewers in the example above, we can see the outcome of the final resolved and normalized scores. They appear more similar, because they are now aligned with typical distributions across the total reviewer population.
We are pleased to answer any questions you have about the scoring process. You are able to ask questions related to the scoring process on the discussion forums once you register and begin developing your application.
Thank you for your interest in the Water Public Art Challenge. By participating in this Competition and in accordance with these Rules you are eligible to receive various forms of recognition and a possible cash Prize of $50,000 for your winning Entry, in the form of a grant from the Arizona Community Foundation. Please read through the Rules and Terms & Conditions carefully.
As you participate, you may periodically be asked to recognize your acceptance of these Rules and the Terms by clicking "accept" at various pages on this website, but by continuing any use of this website you expressly consent to all of these Rules and the Terms. The full Terms are available for your review by accessing them in the footer on this website. The Rules constitute "Competition Terms and Conditions" under Clause 2.3 of the Terms. Capitalized words used but not defined in the Rules have meanings given to them in the Terms.
You may contact us with any questions or comments about these Rules.
Please enter “Water Public Art Challenge” in the subject line of your email.
You may reach us directly at: email@example.com
The Competition Host is the Arizona Community Foundation, with a place of business at:
2201 East Camelback Road, Suite 405B, Phoenix, Arizona 85016.
The Arizona Community Foundation, Republic Media and ASU’s Morrison Institute for Public Policy are pleased to announce the next challenge being offered under The New Arizona Prize. The Water Public Art Challenge will award a $50,000 prize to each of the five collaborative teams named as Winners.
The Water Public Art Challenge encourages the storytelling aspect and education opportunity afforded by public art while emphasizing the historical significance of the Hohokam People’s contributions to our present-day existence (for more details, visit the Resources page). Hohokam culture offers a foundation for understanding the history of engineering, architecture, technology, art, and trade in the Valley of the Sun.
In addition to Hohokam culture, your proposed art project may also help encourage a better understanding of the region’s irrigation engineering and agricultural achievements in a more contemporary context. Your team may consider installing your project along or near local water systems.
The Water Public Art Challenge is team-based and participating teams may include a team of individuals, non-profit organizations, for-profit organizations, and governmental/tribal entities. Each team must include an artist/arts organization and someone who has authority over a public or private space to be used for the artwork. Your proposed project should be a temporary art installation located in the greater Phoenix metropolitan area and surrounding communities (Valley of the Sun).
The New Arizona Prize, a philanthropic prize competition aimed at attracting new and innovative thinking to solve some of Arizona’s most pressing problems, was launched in 2014. The first challenge offered under The New Arizona Prize banner was the Water Consciousness Challenge. The $100,000 prize went to Beyond the Mirage, a team of videographers and marketers from the University of Arizona and Arizona Public Media. Their winning idea is a three-part, consciousness-raising digital strategy that includes an interactive web experience designed to educate and engage Arizonans about our water future, a full-length documentary film, and a classroom educational component. Learn more about their winning program at www.beyondthemirage.org. The second challenge offered was the Water Innovation Challenge, which awarded $250,000 to seed fund the Arizona Pure Brew Water Challenge, proposed by a coalition of water professionals representing local government, water utilities, academia and private partners. The winning solution combined an effluent-to-potable reuse technology, statewide mobile public engagement campaign, and local craft beer competition. Learn more about their winning solution at www.azpurewaterbrew.org.
The New Arizona Prize: Water Public Art Challenge will award $50,000 to each of the top five teams whose proposed temporary public art project successfully builds connections between different cultures through creative expression. By honoring the ingenuity of the Hohokam’s traditions and their influence within the Valley of the Sun, collaborative teams are invited to propose public art projects that inspire and educate the community about the systems and innovations that have enabled our region to be sustainable. The theme of each public art project must reflect the prehistoric legacy of the ancient Hohokam culture offering today’s desert dwellers and visitors a better understanding of the region’s irrigation engineering and agricultural achievements.
Please read all of the application requirements before completing each section. It is expected your application will be in English, however, your video may be in another language as long as English subtitles are included. Portions of your application, including the Title of Your Art Piece, Executive Summary, Project Visuals, and Video, may be published on this website or shared with the public; the remainder of your application will only be viewed by prize administrators and evaluators.
Be sure to review your application as the reviewers will see it and confirm all of your changes have been saved. When you have completed all of the requirements, a message will be displayed on the screen. At that point, you can submit your final application. Once you have submitted the application, you will no longer be able to make changes.
You must submit your application no later than Thursday, August 30, 2018, at 5:00 PM Pacific.
Please provide a title for your proposed art piece. This title may be displayed on the competition website post-submission so please be descriptive.
Provide a summary of your proposed public art project. Focus on delivering a compelling overview that engages the reviewer. Your Executive Summary, along with other portions of your submission, may be extracted from the application and shared publicly. Therefore, your Executive Summary should not require any other context to explain clearly what your team is offering. This is your opportunity to make a strong first impression.
The following information is required in order to capture a basic understanding of the leadership, structure, vision, and capabilities of your team. Eligible participants may include a team of individuals, non-profit organizations, for-profit organizations, and governmental/tribal entities. Each team must include an artist/arts organization and someone who has authority over a public or private space to be used for the artwork.
Please provide the name of your organization. If you are applying as a team of individuals, provide a short descriptive name.
While one person may be a member of or adviser to multiple teams, each team’s Point of Contact must be unique and no one person can serve as the Point of Contact for more than one team. While the Point of Contact’s organization may be responsible for sharing resources with other partners, s/he must have a working knowledge of the roles of each partner and must be authorized to speak on behalf of those partners. If your team does not use formal titles, then the Point of Contact may simply indicate the “team leader.”
Describe the structure of your team. Team members must collaborate and propose a temporary public art project that seeks to build connectivity between different cultures through creative expression. The theme of each project must reflect the prehistoric legacy of the ancient Hohokam culture, offering a better understanding of the region’s irrigation engineering and agricultural achievements. How will the structure of your team contribute to your success in inspiring and educating your community?
Please explain how your team was formed, describing how the leaders came together and under what circumstances the most critical partners agreed jointly to collaborate. Emphasize where any longstanding relationships may imply stability and strength among the partners, and showcase as necessary where new relationships have emerged and under what conditions any new partners agreed to participate.
Each submission to the New Arizona Prize: Water Public Art Challenge must include an individual who is an artist or represents an arts organization. Briefly describe the person on your team who meets this eligibility requirement. If the individual represents an arts organization, please also describe the artist who will be leading the creative process.
Each submission to the New Arizona Prize: Water Public Art Challenge must have authority over the public or private space where your team plans to execute your public art project. Please provide the physical location and/or address of where you would install your art project. Briefly describe the specific authority your team has in implementing your project in this public or private space.
Here’s your opportunity to provide the details of your proposed art project to the Water Public Art Challenge. Your proposed project should be a temporary art installation located in the greater Phoenix metropolitan area and surrounding communities (Valley of the Sun). Be sure to emphasize how your proposed public art project aligns with the four traits that will be used to assess each valid application (see Trait Scoring Rubric).
Earlier, you provided a brief executive summary of your project. Now, describe your proposed temporary public art project in more detail. What type of project are you proposing and what medium will be used? How will it inspire and educate the local community?
In addition to your narrative description, please also provide a visual representation of your idea. This may include a literal representation or collage of what your team proposes to share with the public. Please select an image that best represents your idea as this image may be shared publicly as part of a showcase post-submission. You may upload a single jpg, png, or pdf file.
The Water Public Art Challenge encourages the storytelling aspect and education opportunity afforded by public art while emphasizing the historical significance of the Huhugam contributions to our present-day existence (for more details, visit the Resources page). Hohokam culture offers a foundation for understanding the history of engineering, architecture, technology, art, and trade in the Valley of the Sun.
Please describe how your proposed public art project honors the ingenuity of the Hohokam’s traditions and their influence within the Valley of the Sun. How will you inspire and educate the community about the systems and innovations that have enabled the region to remain sustainable?
In addition to Hohokam culture, how does your proposed art project help encourage a better understanding of the region’s irrigation engineering and agricultural achievements in a more contemporary context? Your team may consider installing your project along or near local water systems. If your project is connected to infrastructure that supports local water systems, please describe this connection.
Public art is experienced and appreciated by many different groups of people in many different ways. Explain how your team has thought about how you expect the local community will engage with your project.
Please describe your target audience. How will your proposed art project impact your target audience? Do you anticipate any shift of perception to occur because of your project?
We request you provide letters of endorsement from local leaders who represent the community where your art project would be implemented. You may also consider including recommendation letters from constituents, supporters, advocates, advisors, etc. who can help your team inspire and spark action within your community. The purpose of this is to help demonstrate you’ve engaged with your community and your proposed project will be positively received. You may include as many letters as you’d like but please merge recommendation letter(s) into one single PDF file.
While the information provided in the previous section is intended to reveal strategic and practical information about your art project, we also require other information necessary for evaluators to understand the feasibility and financial sustainability of your project.
Describe using the below table the milestones and timeline needed to create and implement your proposed public art project.
Provide a narrative description of your milestones and timeline, clarifying any items that may need further explanation.
The Water Public Art Challenge asks you to propose a temporary art installation and we also need to understand how you would remove your public art project. The Arizona Community Foundation and challenge partners may choose to support the permanent installation of your project, but this is not guaranteed. Explain how you would take down your proposed project and please represent these costs in your budget.
Please describe any threats to the proposed solution and your plan to address them. While every project plan is different, we expect you to raise all assumptions of risk and address how you intend to manage it.
Please offer a general overview for how you would use $50,000, if you received a grant award. This Budget Narrative should complement your project milestones.
What are the detailed costs to implement the proposed project within your specified duration? This includes capital expenditures and operational expenditures. Please list and describe each cost category in the following table. Your total project cost should not exceed $50,000.
We want to provide a final opportunity for your team to raise any other considerations. This is your opportunity to emphasize or expand on a previous point or to provide any new information not previously required.
You are required to submit a video presentation that captures your own pitch for why your proposed public art project should be funded. You will upload a short digital film using YouTube. Set the Privacy Settings on your video to Public or Unlisted; do not set them to Private. Your video may be extracted from your submission and made available to the public. Please appeal to a broad audience. Video submissions should follow these guidelines:
Video submissions that do not follow these guidelines may be removed from the application. Here are some logistical and technical suggestions:
Here are general suggestions for delivering a high-quality video pitch:
Hone your content:
We are not in the business of selling your information. We do, however, disclose your personally identifiable information in a variety of circumstances in connection with developing and maintaining this Website and operating or supporting Competitions. For example:
You may, of course, decline to share certain personally identifiable information with RAMPIT, in which case RAMPIT may not be able to provide to you some of the features and functionality found on this Website. Please note that we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
To protect your privacy and security, we take reasonable steps to verify your identity before granting your account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
We may now or in the future make certain tools and features for configuring your privacy settings available to you through this Website, but any such features and settings we may provide do not guarantee the anonymity or confidentiality of any information, including personally identifiable information and Postings you provide or submit to this Website.
This Website contains links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on this Website. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information. We do not sell or share your information with online marketers.
Protecting the privacy of children is especially important. For that reason, RAMPIT does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of this Website is directed to persons under 18 years-of-age. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THIS WEBSITE FOR THE PURPOSES OF THE COMPETING AT ANY TIME OR IN ANY MANNER. If RAMPIT learns that personally identifiable information of persons less than 13-years-of-age has been collected on this Website without verifiable parental consent, then RAMPIT will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a User Account on this Website, then you may alert RAMPIT at firstname.lastname@example.org and request that RAMPIT delete that child's personally identifiable information from its systems.
RAMPIT uses a variety of physical, managerial, and technical safeguards designed to improve the security of our systems and your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to RAMPIT, nor can we guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. You transfer your information to RAMPIT at your own risk.
If RAMPIT learns of a security systems breach, then we will attempt to notify you electronically so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. If you'd like to receive such a notice, please notify us at email@example.com.
RAMPIT, LLC (“RAMPIT”) provides an online platform for peer review competitions through various websites, including but not limited to this website, which are subject to the following terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS SET OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RAMPIT FOR YOUR USE OF THIS WEBSITE AND THE RELATED SERVICES. BY RECOGNIZING YOUR ACCEPTANCE OF THESE TERMS, EITHER BY REGISTERING A USER ACCOUNT AND/OR BY ACCESSING AND USING THIS WEBSITE, AS APPLICABLE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST CEASE USING THIS WEBSITE AND THE RELATED SERVICES.
In this document, the following terms have the following meanings, unless the context otherwise requires:
1.2 “Competition" means any challenge or contest posted on this Website, however expressed. While the New Arizona prize may consist of multiple challenges or contests, the challenge or contest identified in these Terms and Conditions is the Water Public Art Challenge.
1.3 "Competition Information" means all Content provided in relation to a particular Competition, including the Competition Terms and Conditions.
1.4 "Competition Host" means in relation to any Competition posted on this Website, the person or entity responsible for the Competition or those procuring RAMPIT and/or its owners to post the Competition. For this Competition, the Competition Host is the Arizona Community Foundation, with a place of business at 2201 East Camelback Road, Suite 405B, Phoenix, Arizona 85016.
1.5 "Competition Terms and Conditions" has the meaning given to that term in Clause 2.3.
1.6 "Competitor" means in relation to any Competition posted on this Website, a person, a team of persons, a corporate entity, and/or a public agency who submits or proposes to submit an Entry to the Competition.
1.7 "Content" means any information, files, text, code, material, images, data, sounds, graphics, software, photos, designs, software downloads, goods, services documents, layouts, applet, CGI interfaces, descriptions, illustrations, catalogues, advertisements, audio and video material or specifications contained in or referred to in this Website, obtained through or via this Website or available to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format. Without limiting the foregoing, “Content” includes any Entry submitted via this Website.
1.8 "Entry" means an entry by a Competitor in response to a Competition.
1.9 "Entry Content" means any text, code, map, proposal, plan, materials, designs, documents, descriptions or specifications used, in whole or in part, directly or indirectly, in describing, drafting, developing, devising, calibrating, testing, evaluating, analyzing or generating an Entry, or which itself constitutes the whole or part of an Entry. The term "Entry Content" may include physical copies of the foregoing in addition to electronic copies.
1.10 "Intellectual Property Rights" means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, or trademark rights, whether or not such rights are registered or capable of being registered.
1.11 “Judge” means any individual, organization or other entity represented on this website as responsible for the subjective assessment of Entry Content, either for the purposes of determining or informing the determination of any Prize(s) or designation(s) of Winner(s) in the Competition.
1.12 "Loss" means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs and defense or settlement costs.
1.13 "Posting" means any addition, insertion or uploading of content to this Website, as well as any submission or communication made through or via this Website. For the avoidance of doubt, this includes (in the case of a Competitor) all Entries and Entry Content posted by that Competitor.
1.15 "Prize" means any cash award or other forms of recognition and/or benefits to declared or selected Winner(s) or others, as set out in the Competition Terms and Conditions. The Water Public Art Challenge includes a Prize that would consist of the award of a grant through the Arizona Community Foundation for $50,000, based solely on the discretion of the Competition Sponsor to enter into such a separate agreement, as described under Section 9.2.
1.16 "RAMPIT" means RAMPIT, LLC, a Tennessee limited liability company, with a place of business at 805 2nd Avenue South, #3, Nashville, TN 37210.
1.17 "RAMPIT Affiliate" means an entity affiliated with RAMPIT by ownership or common ownership (including The Common Pool, LLC, and 23Com Software, LLC) or any subsidiary of RAMPIT.
1.18 "Services" means the services provided by RAMPIT on or via this Website and includes all Competitions.
1.19 "Third Party Sites" means sites and resources located on servers maintained by others over whom RAMPIT has no control.
1.20 "User" means any person who has registered a user account on this Website. The term "User" includes all Competitors.
1.21 "User Account" means Your online account with RAMPIT which enables You to use this Website and includes (but is not limited to) Your username, password, any assessment scores and feedback.
1.22 "Website" means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of Competitions. Where the context permits, 'website' includes the Services provided on the Website.
1.23 "Winner" means, in relation to any Competition posted on this Website, the Competitor(s) whose Entries are selected by the Competition Host as winner(s) of the Prize. Competitors may disqualify their Entries from this selection by expressly informing the Competition Host of their decision within 48 hours after the close of the competition. Subject to the Competition Terms and Conditions, there can be more than one Winner in relation to any Competition.
1.24 "You" the person or team using the Website, including a User.
2.1 Use of this Website is subject to this Agreement. You agree to be bound by this Agreement and any subsequent amendments to this Agreement, as set forth below.
2.2 RAMPIT reserves the right to amend or modify this Agreement at any time, provided that if such modifications materially limit Your rights and/or expand Your obligations hereunder, RAMPIT will notify You electronically, such as by email or through the Website. Such material modifications will take effect on the earlier of the date You indicate Your assent (by clicking "Accept" or otherwise) or 30 calendar days after RAMPIT's notice. No modification of the Agreement will apply to any dispute between You and RAMPIT that arose prior to the effective date of the modification. If at any time You disagree with the Agreement or any modifications thereof, You may terminate this Agreement and shall cease using this Website. Your continued use of the Website after the revised Agreement becomes effective (such as following notice as set forth above) indicates that You have read, understood, and agreed to the revised Agreement. Any new or different terms supplied by You are specifically rejected by RAMPIT unless RAMPIT agrees to them in a signed writing specifically including those new or different terms.
2.3 Competitions may be subject to additional terms and conditions ("Competition Terms and Conditions"). Competition Terms and Conditions will apply in addition to this Agreement and will not limit this Agreement in any way unless RAMPIT notifies the parties to a Competition that this Agreement is amended by the Competition Terms and Conditions. If RAMPIT does not provide such notification to the parties, this Agreement will prevail in the event of any inconsistency between it and the Competition Terms and Conditions.
2.4 RAMPIT may alter this Website from time to time by adding or removing features. This Agreement will not be affected by any alterations to this Website.
2.5 Users may use this Website in the capacity of a Competitor. This Agreement will apply to Your use of the Website in either or both of those capacities.
3.1 In order to participate as a Competitor in this Competition, each team must identify a specific Point of Contact who must register as a User. Other team members may register, but full team registration is not required. Participation on this Website is free.
3.2 Participation is available only to persons and entities who are able to form legally binding contracts under applicable law. If You do not accept this Agreement, You will not be permitted to participate in any Competition or otherwise access or use the Website in any way.
3.3 Without limiting Clause 3.2 above, participation is not available to:
3.4 When registering as a User, You warrant to RAMPIT that:
3.5 No individual or entity may register more than once (for example, by using a different username/email). Your participation may be terminated if you area found either attempting to or acting on behalf of multiple registered User Accounts.
3.6 Acceptance of registration is at the sole discretion of RAMPIT. If RAMPIT believes that any registration has been made in contravention of clauses 3.1, 3.2, 3.3, 3.4 or 3.5 above (or otherwise in breach of this Agreement), it may refuse to accept or terminate the registration.
3.7 You are responsible for all use of this Website made using Your User Account (and/or username/email or password), whether or not You are aware of that use or could reasonably have been aware of that use. You agree to notify RAMPIT immediately if You become aware of any unauthorized use of Your User Account.
3.8 Your User Account is personal to You and may not be sold, assigned, or transferred to a third party. If You attempt to sell, assign, or transfer Your User Account to a third party, RAMPIT may suspend or terminate Your participation, at its sole discretion.
3.9 RAMPIT may communicate with You through the username/email that You provide at registration. You agree to notify RAMPIT within a reasonable time, if there are any changes to Your details. If You fail to notify RAMPIT of any changes to Your details, You agree to waive any objection, claim, defense, or recourse You might have had as a consequence of RAMPIT failing to communicate with You. If You change Your email address and fail to notify RAMPIT of the change, RAMPIT will be deemed to have communicated with You on the date on which it communicated with the email address most recently provided by You.
3.10 You warrant that any Content provided or posted by You (through registration or otherwise):
3.11 If RAMPIT believes that any Content contravenes Clause 3.10 (or any other provision of this Agreement), it may remove that Content and/or take any other steps as it deems necessary to protect itself or third parties against any Loss. To the maximum extent permitted by law, RAMPIT and the Competition Host will not be liable for any Loss to any person arising from the removal of Content under this Section.
4.1 Subject to Clause 4.2, You may terminate Your participation at any time and without cause by notifying RAMPIT through this Website.
4.2 If You terminate Your participation, this Agreement and any other applicable terms and conditions will continue to apply to any Postings made by You prior to giving the notice described in Clause 4.1 above.
4.3 RAMPIT may, in its absolute discretion, terminate or suspend Your participation at any time and without notice if it believes that:
4.4 If RAMPIT terminates Your participation, RAMPIT may in its absolute discretion withdraw any Postings submitted or made by You. If RAMPIT terminates Your participation, RAMPIT may, at its sole discretion, immediately withdraw Your Entries, which will have no force and effect from the date on which Your participation was terminated.
4.5 Subject to Clause 4.4, if RAMPIT suspends Your participation, any entries or other Postings submitted or made by You will be suspended for the period in which Your participation is suspended.
4.7 If Your participation is terminated, either by You or by RAMPIT:
5.1 You must not use the Website to facilitate or participate in any illegal activity or engage in any activity which RAMPIT, in its absolute discretion, considers inappropriate. RAMPIT reserves the right to terminate or restrict Your access to this Website immediately and indefinitely if it suspects that You are engaging in any such behavior or are in breach of any terms of this Agreement. You agree that You will only use Your User Account and this Website for the purposes of using the Services and for no other purpose. Without limiting the foregoing, in using Your User Account and accessing the Website, You agree not to:
6.1 The Competition Host will have ultimate responsibility for oversight and decision-making related to the Competition and Competition Terms and Conditions on the Website.
6.2 The Competition Host requires RAMPIT to upload and manage the Water Public Art Challenge, and the Competition Host has entered into a separate agreement with a RAMPIT Affiliate to provide the Services.
6.3 When the Competition Host posts on the Website or directs RAMPIT to post on the website, the Competition Host warrants that any Content provided by the Competition Host has not been obtained:
6.4 If You are registered as a Competition Host and are acting as a User on behalf of the Competition Host, for example as a participation in the discussion forums or by interacting with other Users, You further agree when posting to the Competition:
6.5 You agree and warrant that You will not cancel a Competition initiated by You for the purpose of contracting separately with any User or Competitor or to avoid paying any Prize.
6.6 If You wish to withdraw a Competition, You must notify RAMPIT in writing.
7.1 If You are registered as a Competitor, You agree and further acknowledge and agree that:
7.2 Judges are permitted to interact with Competitors to carry out due diligence, as necessary, to evaluate Entries against judging criteria. It is the responsibility of each Competitor to respond to inquiries from Judges in a timely manner.
7.3 The Competition Host reserves the right to conduct an administrative review of any Entry in order to screen for completeness and other Entry Content requirements (as described in the Competition Terms and Conditions) before distributing approved Entries to Judges.
8.1 RAMPIT is not involved in any way in the formation of any contract between the Competitor and the Competition Host. RAMPIT at no time acts as an agent for a Competitor or a Competition Host.
8.2 RAMPIT will not be liable to any Competitor in any respect if a Competition Host or Competitor fails to perform its obligations under this Agreement or the Competition.
8.3 The Competition Host will at all times be liable to pay Prize(s) to the Winner(s) in accordance with the Agreement and the Competition Terms and Conditions. RAMPIT will have no liability whatsoever in respect to the failure of a Competition Host to pay Prize(s) to Winner(s), and You acknowledge and agree that You will not take action of any kind against RAMPIT in respect to any claim for a Prize that You may or may not have or wish to make.
9.1 The Winner(s) agree that payment of any Prize(s) is conditional upon receipt by the Competition Host of any Entry Content used or consulted by the Winner in generating the winning Entry and that Prize(s) will not be paid until this condition has been satisfied.
9.2 The Winner and the Competition Host acknowledge and agree that once the Winner has been chosen and notified, the Winner will enter into a separate, binding and direct agreement (a grant agreement) with the Competition Host in accordance with the Competition Terms and Conditions and in relation to the provision of the Entry, the Prize and the rights of the Winner(s). This grant agreement will provide the terms for use of the Prize money, as well as the metrics that will be used to evaluate the proposed measure(s) of an Entry’s success. The grant agreement will state that the Prize money must be used to further the plan proposed in the Entry as part of the competition and will include a detailed budget. That budget may be used to stipulate the schedule upon which any funds are paid to the Winner. RAMPIT and its third party providers will not be a party to this separate agreement and will have no responsibility or liability whatsoever in relation to the performance or failure to perform under the separate agreement.
9.3 Each Competition Host acknowledges that RAMPIT does not make any warranties or representations as to the accuracy or utility of any Entry or associated Entry Content.
10.1 You will be responsible for any tax, levy, or other charge that may arise under any applicable law from the use of this website, including from the award of any Prize. You acknowledge that You will not be entitled to demand any additional payment by reason of any Prize being subject to any tax, levy, or other charge in any jurisdiction.
11.1 THIS WEBSITE AND SERVICES, AND ALL CONTENT ASSOCIATED THEREWITH, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAMPIT (ALONG WITH THE COMPETITION SPONSOR) AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RAMPIT DOES NOT WARRANT THAT THIS WEBSITE AND RELATED SERVICES AND THE CONTENT PROVIDED THROUGH IT, INCLUDING THE ENTRIES AND ASSOCIATED ENTRY CONTENT, TO BE AVAILABLE, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES).
11.2 UNDER NO CIRCUMSTANCES WILL THE COMPETITION HOST NOR RAMPIT NOR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THIS WEBSITE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, EVEN IF RAMPIT OR A RAMPIT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the generality of the foregoing, You agree that neither RAMPIT nor the Competition Host is responsible for any Loss arising out of, or in any way connected with:
11.3 For the avoidance of doubt, You acknowledge that RAMPIT is a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the Users' Postings. If, notwithstanding the provisions of this Clause 11.3, a court of competent jurisdiction holds RAMPIT liable in respect of any matters arising under or incidental to this Agreement, RAMPIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR RELATED SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THIS WEBSITE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $100.
11.4 You agree that RAMPIT and its third party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in RAMPIT complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
12.1 You agree to indemnify and hold RAMPIT and the Competition Host, its owners, officers, employees, agents and suppliers, harmless from all claims and Losses (including legal fees) due to or arising out of or in connection with Your Postings, Competition, Competition Information and other Content (as applicable), Your use of this Website, or Your breach of this Agreement.
13.1 RAMPIT does not represent or warrant that the content on this Website complies with the laws of any country outside of the United States. If You access this Website from outside the United States, You do so at Your own risk.
14.1 You acknowledge that, as between the parties, RAMPIT is the owner of all Intellectual Property Rights in and to this Website (excluding Postings). You acknowledge that You have no Intellectual Property Rights in or to this Website except for a limited license to use as necessary to participate in a Competition or evaluate the possibility of such participation.
14.2 You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos, and artwork, including the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, provided by RAMPIT or its licensors on this Website, is owned or licensed by or to RAMPIT and is protected by applicable copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed, or distributed in any way by You without RAMPIT's prior written consent.
14.3. You acknowledge that all components of your Entry (text, graphics, photos, videos, etc.) can be used by the Competition Host and RAMPIT in promotional efforts that support the Water Public Art Challenge and the use of the website. This includes but is not limited to posting elements of your Entry on this website, social media channels, or sharing them with traditional media outlets for potential publication, posting to the Arizona Community Foundation or other related websites, etc.
15.1 From time to time, RAMPIT may provide, or any Content may contain, links to Third Party Sites and resources (e.g., www.youtube.com). You acknowledge that:
15.2 You acknowledge and agree that RAMPIT will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with Your use of or reliance upon any Content or material available on or through any Third Party Sites or resource.
16.1 In the interest of resolving disputes between You and RAMPIT in the most expedient and cost effective manner, You and RAMPIT agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and RAMPIT are each waiving the right to a trial by jury or to participate in a class action.
16.2 You and RAMPIT agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either parties’ rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies, where such actions are available; (iii) seek injunctive relief in a court of law; (iv) file suit in a court of law to address intellectual property infringement claims.
16.3 Any arbitration between You and RAMPIT will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
16.4 Any party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail ("Notice"). RAMPIT's address for Notice is: RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210 or firstname.lastname@example.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and, (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 calendar days after the Notice is received, You or RAMPIT may commence arbitration proceedings.
16.5 Any arbitration hearings will take place at a location to be agreed upon in Nashville, TN, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 calendar days of the arbitrator's ruling on the merits.
16.6 YOU AND RAMPIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and RAMPIT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 If only Clause 16.6 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to the Agreement.
17.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing RAMPIT's copyright agent (the "Copyright Agent") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
17.2 RAMPIT's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210., email: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 17, your DMCA notice may not be valid.
17.3 If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
17.4 If a counter-notice is received by the Copyright Agent, RAMPIT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RAMPIT's sole discretion.
18.1 As defined in Clause 1.1, this Agreement is the entire agreement between You and RAMPIT relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and RAMPIT with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties, or by a change made as provided in Clause 2.2. If any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of this Agreement, which is severable from said provision and will remain in full force and effect.
18.2 If You breach any provision of this Agreement and RAMPIT has knowledge (either actual or constructive) of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of its legal rights. Any waiver of rights under this Agreement must be in writing and signed by RAMPIT.
18.3 All matters relating to this Website and this Agreement are governed by and are to be construed according to the laws applicable in the state of Tennessee, United States (without regard to any Rules governing choice of law). If one or more of the exceptions from arbitration expressly set forth in Section 16 above apply, You agree unconditionally to submit to the exclusive jurisdiction of the courts in Davidson County, Tennessee, in relation to all matters arising out of or in any way connected with this Agreement or this Website.
18.4 RAMPIT may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer Your rights or obligations under this Agreement without the prior written consent of RAMPIT. Any assignment attempted in violation of this Clause 18.4 shall be void.
18.5 The parties agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
18.6 Unless otherwise requested in writing by You, RAMPIT may refer to You and Your corporate or represented identity (if applicable) as part of promoting this Website and RAMPIT in the marketplace.
18.7 RAMPIT accepts content uploaded from Users in good faith and on the basis of warranties provided by Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including all Users) on this Website. RAMPIT at no time makes any representations as to the accuracy of any information provided on this Website.
18.8 You acknowledge and agree that to the extent that this Agreement relates to a Competition, a prospective Competition or any Posting, this Agreement is intended to also be for the benefit of the Competition Host, the Competitors and other Users, who are entitled to enforce the provisions of this Agreement.
18.9 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to RAMPIT must be emailed to RAMPIT at firstname.lastname@example.org.
18.10 In the interpretation of this Agreement, unless the contrary intention appears: