1. Summary of Program. The D-backs Give Back $100,000 School Challenge (Program) will award a portion of up to $100,000 (each a Grant) to various school programs throughout the State of Arizona. By submitting an application, the applicant, on behalf of him/herself and his/her school, is unconditionally agreeing to, and accepting, all terms of these Official Rules. Submissions will be accepted commencing at 9:00 a.m. MST on July 28, 2015, and must be received by 4:59 p.m. MST on September 30, 2015 (Submission Period). Apollo Group, Inc. and its subsidiaries (including the University of Phoenix) are not the official sponsors or administrators of the Program. Eligible submissions will be evaluated by the University of Phoenix and Arizona Diamondbacks Foundation, Inc., a 501(c)3 public charity (Foundation). The Foundation will award Grants as determined in its sole and absolute discretion. It is estimated that each Grant will be approximately $5,000.
2. Eligibility. The Program is open to all Arizona public, private, and nonprofit charter schools that provide classes for any Grade between K12. Only teachers, coaches, and administrators of the school, eighteen (18) years of age or older at the time of submission, may submit an application on behalf of a school. All schools and their applicants must meet these eligibility requirements.
3. Grant Descriptions.
a. Categories. Up to $100,000 in Grants may be distributed for use in the following four (4) categories (each, a Category and collectively, the Categories):
(i) Educational Programs;
(ii) Innovation & Technology;
(iii) Nutrition & Fitness; and
(iv) School & Campus Improvements.
b. Grant Recipients. It is estimated that each Grant will be approximately $5,000; provided, however, that the actual amount awarded may be more or less. The Foundation reserves the right to provide additional benefits to Grant recipients. All benefits shall determined by the Foundation in its sole and absolute discretion.
4. Submission of Applications.
a. Categories. An application can be for any one (1) of the four (4) Categories described in Section 3. Applicants are permitted to submit multiple applications, and schools are permitted to be named in multiple applications, regardless of the Category.
b. Content. Applications must be five hundred (500) words or less and completed online at www.dbacks.com. The application must demonstrate why the school should be awarded a Grant for a particular Category. Additional information including contact information and school demographics requested on the online application form is also required. Photos, videos, or mailed applications will not be accepted.
c. Submission Period. All applications must be received during the Submission Period (described in Section 1 above) in order to be eligible for evaluation. Late applications will not be accepted.
5. Selection of Application.
a. Evaluation. All applications will be evaluated by the Foundation to determine financial need in an applicable Category. The Foundation will assess each application and may, in its sole and absolute discretion, award a Grant to a school. All decisions by the Foundation are final.
b. Multiple Grants. A school is eligible to receive multiple Grants.
c. Announcement. Grants are scheduled to be announced by December 1, 2015.
d. Notification. In the event a school is selected to receive a Grant, the Foundation will attempt to notify the applicant and the school using the information submitted by the applicant. The school (and any other party who may utilize the Grant) must execute a Grant Agreement before the Grant will be awarded. The Grant Agreement will contain provisions including, but not limited to, a release and waiver of claims, an affidavit of use of Grant funds, and an end-of-year financial report to state how the Grant was used. In the event a school: (i) does not respond to the Foundation within ten (10) calendar days of notification; (ii) is ruled ineligible for any reason; (iii) refuses the Grant; or (iv) does not return an executed Grant Agreement, the Grant will be forfeited and may or may not be awarded to an alternate school, as determined by the Foundation in its sole and absolute discretion.
6. Assignment of Applications. Upon submission, all applications shall become the sole property of the Foundation and will not be returned. In consideration of, and as a condition to, having an application considered for use in awarding a Grant, the applicant and school hereby assign, transfer and convey, effective upon any submission, all right, title and interest in and to the application, including all associated copyright and other intellectual property rights. Applicants and schools will not be paid for submitted applications or for the granting of any rights. By submitting an application, the applicant (on behalf of him/herself and the school) warrants and represents that he/she (and/or the school) is the sole author and creator of the application, the application is truthful and accurate, the application does not violate any applicable law, and the application does not infringe or violate any intellectual property right held by a third party.
7. General Terms and Conditions.
b. APPLICABLE LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAWS APPLY. NO PURCHASE NECESSARY TO ENTER OR BE SELECTED.
c. Lost Applications. The Foundation and the MLB Entities shall not be responsible for any failed applications for any reason including without limitation those applications that are lost, late, delayed, incomplete, or misdirected. Further, the Foundation and the MLB Entities shall not be responsible for any electronic, network, and server failures or malfunctions or other technical errors of any kind.
d. Modifications. The Foundation reserves the right to modify these Official Rules and/or cancel or discontinue the Program for any reason without notice, as determined in its sole and absolute discretion. Any changes will be posted online at www.dbacks.com.
e. General Release. By submitting an application, the applicant and school agree to release, discharge, and hold harmless the Foundation, AZPB Limited Partnership (dba Arizona Diamondbacks), Apollo Group, Inc. and its subsidiaries (including the University of Phoenix), MLB Entities (defined below), any participating sponsor, and each of their respective partners, officers, directors, employees, agents, and representatives from any claim, damages, or liability (including, without limitation, claims based on property damage, personal injury and/or death, publicity rights, defamation or invasion of privacy) arising from or related to the Program, the submission or use of any application, and the use of any Grant. MLB Entities shall mean the Office of the Commissioner of Baseball (BOC), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (MLBAM or MLB.com), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (Clubs), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
g. Severability. If any portion of these Official Rules is found to be invalid, illegal, or unenforceable, for any reason, that portion shall be severed from the rest.
h. Governing Law. The provisions of these Official Rules shall be construed and enforceable in accordance with the laws of the State of Arizona. By participating in the Program, all applicants and schools agree that the venue for any dispute or litigation arising from or relating to the Program shall only be in Phoenix, Arizona.