Powered by Luminary Labs, LLC (“Luminary Labs”)
The prize competition hosted on www.edprizes.com is being managed by Luminary Labs, LLC (Luminary Labs) under contract with the U.S. Department of Education (ED) (Contract Number: ED-VAE-14-D-0006).
The purpose of this website, www.edprizes.com, and other affiliated websites (collectively referred to as the “Site”) is to allow people and organizations to participate in open innovation, which may include prize competitions (“Challenges”) with discrete Rules, Terms, and Conditions (the “Service”). The Site is owned and operated by Luminary Labs LLC (“Luminary Labs”). Please read the terms and conditions below. They are important and govern your use of our Site.
1. SUMMARY OF SERVICE AND DEFINITIONS
ED Prizes is a platform that enables ED and Luminary Labs to manage open innovation programs. Other users (“Innovators”) can submit solutions (“Submissions”) that meet the requirements of ED. Below are some definitions of terms used throughout these Terms of Service (the “Agreement”).
“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.
“Users” means Innovators and other visitors to the Site and users of the Service.
“Submission” means a solution entered as a submission to a Challenge by an Innovator.
“Challenge Content” means content posted as a Challenge and includes the description and request for submissions, terms and conditions, copyrighted material, trademarks, trade-names, logos, designs, promotional materials, drawings, illustrations, slogans and representations.
“Challenge Website” means the specific Challenge website where you enter a Submission.
“Official Rules, Terms & Conditions” means the Challenge-specific rules, terms & conditions posted on the Challenge Website.
“Submission Period” means the period during which Innovators may submit Submissions, as specified in the applicable Challenge Website or Official Rules, Terms & Conditions.
“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, representations, and any and all other proprietary rights.
2. ACCEPTANCE OF AGREEMENT
We may revise this Agreement at any time by posting an update to the Site. Your continued use of our Site after a posted change of this Agreement means that you agree to be bound by the changes, so please check the Agreement regularly for any changes.
Our Site is not intended for children under thirteen. You affirm that you are over the age of thirteen. If you are under thirteen years of age, then please do not use the Site. ED and Luminary Labs do not knowingly accept registrations from users under the age of thirteen, minors can still enter and win Challenges by having their parents or guardians register for Ed Prizes on their behalf, pending language in the Rules, Terms & Conditions of the Challenge stating otherwise.
3. CODE OF CONDUCT
All Users agree NOT to use the Site in a manner that:
- is harmful, threatening, abusive, harassing, defamatory, derogatory, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- depicts hatred, is in bad taste, incites violence or is likely to incite violence, contains vulgar or obscene language or excessive violence, contains pornography, obscenity or sexual activity;
- violates any law or regulation, including federal, state, or local laws;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
- substantially duplicates a Submission previously entered on the Site or in the same Challenge (by you or another Innovator);
- impersonates any person or entity, including, but not limited to a Luminary Labs employee or an ED employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- contains malware such as software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- discloses personal information about another person such as their email address, telephone number, address (street or box number), or social security number;
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
- disparages another person, ED, or Luminary Labs; or
- contains any other content, which in the sole judgment of ED, is inappropriate.
4. PARTICIPATION IN A CHALLENGE
Participation in a Challenge on our Site, including entering Submissions, is governed by this Agreement and the Official Rules, Terms & Conditions posted on the Challenge Website. Official Rules, Terms & Conditions are the responsibility of ED. If there is any inconsistency between the terms of this Agreement and the Official Rules, Terms & Conditions of a Challenge, the Official Rules, Terms & Conditions will prevail, but for that Challenge only.
If there is any discrepancy or inconsistency between the Official Rules, Terms & Conditions and disclosures or other statements contained in any Challenge materials, including the Submission form, Challenge Website, advertising (including television, print, radio or online ads), the Official Rules, Terms & Conditions shall prevail.
The Official Rules, Terms & Conditions may change at any time, including the rights or obligations of the Innovator and ED. ED will post the amended Official Rules, Terms & Conditions on the Challenge Website.
To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules, Terms & Conditions or, if no time is specified, the time of posting.
If at any time prior to a Challenge deadline, an Innovator or prospective Innovator believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification to Luminary Labs.
ED and/or Luminary Labs’ failure to enforce any term of this Agreement or the Official Rules, Terms & Conditions shall not constitute a waiver of that provision. If any provision of any Official Rules, Terms & Conditions is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, Terms & Conditions, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects ED’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
5. INTELLECTUAL PROPERTY RIGHTS
1. Ed Prizes Content
The Site contains various information in the form of data, text, graphics, and other materials from ED, Luminary Labs and our third party licensors (the “Ed Prizes Content”). You acknowledge that this Site and various elements contained therein are protected by Intellectual Property Rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Ed Prizes Content is and shall remain the property of ED, Luminary Labs, or their licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Ed Prizes Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Ed Prizes Content, in whole or in part.
The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our Site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ED and Luminary Labs and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Site are and shall remain the sole property of us or their respective owners. Nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Site. The misuse of the Trademarks displayed on our Site, or any other Luminary Lightbox Content on our Site, is strictly prohibited.
All rights are reserved. Unauthorized copying or use of any Ed Prizes Content or Intellectual Property Rights without the express written consent of ED is strictly prohibited.
2. Challenge Content
ED has and shall retain sole and exclusive title and ownership of all Challenge Content and all Intellectual Property Rights relating thereto. By posting Challenge Content on the Site, ED grants to Luminary Labs a non-exclusive, worldwide, royalty-free license to distribute, display and reproduce the Challenge Content in order to perform the Service.
6. DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Luminary Labs is capable of finding and verifying its existence.
- Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
Luminary Lab’s designated Copyright Agent to receive notifications of claimed infringement is:
Luminary Labs LLC
30 West 22nd Street, 6th Floor
New York, NY 10010
7. LINKS TO THIRD PARTY WEB SITES
Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
Luminary Labs and ED reserve the right to refuse, suspend, or terminate your access to our Site or any portion of our Site without notice.
You release, indemnify, defend and hold harmless ED, Luminary Labs, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting a Challenge on the Site, and all of their respective past and present officers, directors, members, managers, employees, agents, representatives affiliates, suppliers, successors and assigns (hereafter the “Released Parties”) from and against any and all claims, damages, losses, expenses, and liabilities (including without limitation reasonable fees and costs for attorneys and investigations), arising out of, based on, or in connection with (i) your access to or other use of our Site; (ii) a dispute with another User of our Site; (iii) your breach of these Terms of Service; (iv) your violation of any law or the rights of any third party, including intellectual property rights; (v) your Submissions; (vi) negligence and damages of any kind to persons and property, (vii) defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of a Submission or entry of a Submission, participation in a Challenge, acceptance or use or misuse of a prize awarded in a Challenge (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of a Submission as authorized or licensed by this Agreement and the Official Rules, Terms & Conditions of a Challenge you are entering.
Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by ED or Luminary Labs’ electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Site or Challenge Website;
(iii) unauthorized human intervention in any part of the entry process or the Challenge;
(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the your participation in the Challenge or receipt or use or misuse of any prize.
ED and Luminary Labs have no special relationship with or fiduciary duty to you. You acknowledge that ED and Luminary Labs have no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Ed Prizes Content may have on the users; how users may interpret the Ed Prizes Content; or what actions users may take as a result of having been exposed to the Ed Prizes Content.
Although ED, Luminary Labs, and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither ED, Luminary Labs, nor the Site is responsible or liable in any way for the failure to store, preserve or access Submissions or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Submissions, including Submissions.
The services, content, site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. ED and Luminary Labs make no representation or warranties of any kind with respect to the site or any software, including any representation or warranty that the use of the site or any software will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that defects will be corrected; (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, ED and Luminary Labs disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this site.
By using this site, you acknowledge that ED and Luminary Labs are not responsible or liable for any harm resulting from (1) use of the site; (2) downloading information contained on the site, including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content; or (4) the temporary or permanent inability to access or retrieve any content from the site, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Under no circumstances will ED or Luminary Labs be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site or service whether or not you have been advised of the possibility of such damages. Under no circumstances shall ED or Luminary Labs be liable to you for any amount for services rendered pursuant to these terms of service.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against ED and Luminary Labs and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of ED or Luminary Labs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Site shall be governed by and construed in accordance with U.S. Federal law as applied in the Federal courts of the District of Columbia if a complaint is filed by any party against ED, and the laws of the State of New York as applied in the New York state courts in New York City if a complaint is filed by any party against Luminary Labs. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Additional terms and conditions may apply to specific Challenges and your agreement with ED, as specified in the Official Rules, Terms & Conditions, and the Official Rules, Terms & Conditions are made part of this Agreement by reference. You agree to abide by the Official Rules, Terms & Conditions of any Challenge you participate in. If there is a conflict between the Agreement and the Official Rules, Terms & Conditions posted or emailed for, or applicable to, a specific Challenge, the latter terms shall control with respect to that Challenge only. The Agreement constitutes the entire agreement between you and us with respect to our Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site.
16. CONTACT US
Questions or comments regarding our Site, including any reports of non-functioning links, should be submitted to firstname.lastname@example.org, or via U.S. mail to Luminary Labs, 30 West 22nd St, 6th Floor, New York, NY 10010.
Last Updated: October 7, 2015