Legal

PARTICIPATION CONSTITUTES GRANTEE’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE TERMS AND CONDITIONS IN THIS CAMPAIGN PROGRAM DESCRIPTION DOCUMENT
 
CAMPAIGN: The Colorado Health Foundation (the “Foundation”) is pleased to present the Colorado Kaleidoscope: Stories of a State’s Health Campaign (the “Campaign”), in which current Colorado Health Foundation grantees in good standing (each a “Grantee”) are invited to participate.   Grantee participants are invited to share video, photos and written narratives (“Submissions”) that the stories of people served in Colorado communities. Grantees shall upload Submissions to the Colorado Kaleidoscope website at www.ColoradoKaleidoscope.org.  The Foundation may select Grantee Submissions to use for the promotion of the Campaign.  Submissions will be professionally edited and produced for publication in the Foundation print publications, broadcast, social media, website and other media outlets. If a Grantee Submission is selected by the Foundation for use in the Campaign, the Grantee will be awarded a grant in an amount equal to $5,000.00 in unrestricted donations for a video Submission or $1,000.00 in unrestricted donations for a written or photographic Submission.

Submissions must be in good taste, and be the original creative work of the Grantee, in which the Grantee has acquired all rights and releases necessary to participate in the Campaign. Grantees shall submit a completed release, in the release form available on www.ColoradoKaleidoscope.org for each subject featured in its Submission. All Submissions will become the property of the Foundation.

Copyright Considerations; License: Grantee must be the original creator or owner of its Submission and/or hold all rights necessary to participate in the Campaign and make the Submission under the terms and conditions set forth in this Campaign Program Description document. By participating and uploading its Submission, Grantee agrees to and accepts all terms and conditions set forth in this Campaign Terms and Conditions. If Grantee does not hold all rights and releases necessary to participate in the Campaign and make your Submission under these conditions, Grantee must secure express permission from the holder(s) of those rights prior to participating and uploading its Submission. Grantee must include the completed the Authorization and Release form available on www.ColoradoKaleidoscope.org for each subject featured in a Submission at the time it is uploaded to the Foundation website. If any Submission has more than one original creator or owner, or more than holder of a copyright, trademark or other intellectual property rights displayed in a Submission, Grantee  must have permission from all parties prior to making the Submission. If there is more than one subject featured in a Submission, Grantee must upload an Authorization and Release for every individual subject. If a subject is under 18, the Authorization and Release must be signed by a parent or legal guardian of the subject. Submissions made without legal permission are ineligible and any Submission not accompanied by appropriate Authorizations and Releases will not be considered for the Campaign. By making a Submission for consideration in the Campaign, Grantee agrees, on its behalf and behalf of all others who have granted rights to Grantee necessary for the Submission, as follows: (i) Grantee grants an exclusive license authorizing Foundation to reproduce, broadcast, edit, modify, transmit, bundle, license, syndicate, adapt, and otherwise exploit all or any portion of the Submission for any purpose including, but not limited to, the Campaign, now or in the future, without further notification or consent, and without any further obligation to compensate Grantee or any other parties; (ii) Grantee expressly grants Foundation the right to reproduce and disclose Grantee’s name in connection with any use of a Submission, now or in the future; and (iii) All Submissions become the property of the Foundation, and need not be returned, preserved or otherwise protected.  Foundation may cease the Campaign at any time. Grantee retains the right to use its Submission for internal purposes and shall have the right to use the final edited work upon approval of the Foundation.  

1.    ELIGIBILITY: This opportunity to participate in the Campaign is by invitation only to current Grantees in good standing with the Foundation. The Foundation has sole discretion to determine whether any party will be invited to participate and sole discretion in determining which Submissions will be used in the Campaign (if any).

2.    HOW TO UPLOAD SUBMISSIONS:  Submissions may be uploaded by following the instructions located on the Colorado Kaleidoscope website located at www.ColoradoKaleidoscope.org and making your Submission online. All entries become the property of Sponsor and will not be returned.

3.    GRANT AWARDS FOR SELECTED SUBMISSIONS: Foundation in its sole discretion shall determine whether any Submission will be used for the Campaign. There is no guarantee that any payment will be made for any Submission. In the event that Foundation selects a Submission for use in the Campaign, Grantee shall be awarded grant funding of $5,000.00 in unrestricted donations for a selected video Submission and $1,000.00 in unrestricted donations for a selected or narrative/photographic Submission.  Submissions may be selected based on the quality and suitability of the Submission as determined solely by the Foundation, whose decisions are final and binding in all matters relating to the Campaign. If a Submission is selected for use in the Campaign, the Grantee will be notified by telephone, e-mail or mail. All federal, state, and local tax liabilities for the payment are the sole responsibility of the Grantee.  Grantee will be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). If Grantee’s Submission is selected for use in the Campaign, Grantee will be required to execute and return an Affidavit of Compliance and Release.  Grantee will not be paid, until all required documents are returned to Foundation. If a Grantee is found to be ineligible to participate in the Campaign for any reason or does not have necessary intellectual property rights to its Submission, Foundation shall not be required to make any payment to Grantee, or in the event that a payment has been made, shall be entitled to pursue any remedies available at law or in equity to recover such payment. If the Foundation in its sole discretion does not find any Submission suitable, no payments will be made.  
 
4.    CONDUCT OF PARTICIPATION: By uploading Submissions, Grantee affirms that it has read and agrees to abide by the terms and conditions set forth in the Campaign Program Description Terms and Conditions. The program is governed by the laws of the State of Colorado and, by uploading a Submission, Grantee hereby submits to the jurisdiction and venue of the federal, state and local courts located in Denver, Colorado, USA. ANY ATTEMPT BY A GRANTEE TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO FOUNDATION OR THE CAMPAIGN OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH GRANTEE TO THE FULLEST EXTENT PERMITTED BY LAW.

5.    LIMITATIONS OF LIABILITY: Foundation and each of its affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate Submissions, theft, tampering, destruction, or unauthorized access to, or alteration of Submissions; uploading, printing or other errors; and any Submissions which are lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.  Foundation reserves the right to modify, suspend or terminate the Campaign at any time in its sole discretion.

6.    RELEASE OF LIABILITY: By participating, Grantee agrees to release, discharge, indemnify and hold harmless Foundation and each of its affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by Grantee or any other third parties related in any way to the Campaign, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any payment or participation in any Campaign related activity or participation in this program.

7.    GRANTEE’S INFORMATION: Information collected from Grantee in connection with Campaign Submissions is subject to the Foundation’s Privacy Policy which can be found at http://www.coloradohealth.org/privacy.aspx.