Terms and Conditions
Effective Date: April 4, 2017
This website, located at www.honored.org (“Website”) is provided by Honored Foundation (“Honored” or “we”).
Questions? Copy of this Agreement? Contact us at firstname.lastname@example.org.
Term and Termination
Website Ownership and Content
The Website and its materials, text, images, files, scripts, computer code, designs, photographs, audio and video material, databases, user interfaces, visual interfaces, presentations, graphics, button icons, pictures, URLs, technology, software, and overall “look and feel” as well as trademarks, logos, and service marks (collectively the “Content”) are owned, controlled, and licensed by Honored or its licensors. All right, title, and interest in and to the Content and the Website are the property of Honored or certain other third parties and protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Subject to this Agreement, Honored grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your personal, non-commercial use only in accordance with the terms and conditions set out in this Agreement. Any rights granted hereby are expressly limited, and Honored does not grant any implied right to you or any other person and does not transfer or assign any ownership of intellectual property interest or title in or to the Website or Content to you or anyone else. Accordingly, your unauthorized use of the Website (including any Content) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
You agree that Honored may immediately and, without any notice to you, suspend or terminate the availability of the Website or Content for any violation of this Agreement without any liability to you. You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited.
Security and Enforcement
Honored reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Website. Honored may share any User Information Honored obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Honored will also disclose User Information as required by any court order and/or subpoena.
You may be required to register to use the Website. Each registration is for a single user only, unless otherwise expressly agreed upon by Honored. Registration for access to and use of the Website may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Honored in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Honored, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Website, including being held responsible for any and all activity occurring through your username and password (and the related account access). You shall immediately notify Honored if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.
Content You Submit
By using the Website and posting, uploading, publishing, distributing, or transmitting information such as award nominations or submissions, pictures, reviews, messages, content, or other personal information (collectively, “User Generated Content”) on the Website or other Honored-sponsored forums, blogs, social networking sites, or other communities, you grant Honored a perpetual, unrestricted, unlimited, irrevocable, worldwide right and license to use, copy, redistribute, re-sell, or transmit any portion of such User Generated Content. You agree to waive any and all rights to such User Generated Content, except as prohibited by law. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of, and would not cause harm to, any third parties.
In addition, you acknowledge and agree that Honored has the right to remove the User Generated Content and to involve the legal authorities regarding such User Generated Content. You agree to respect the thoughts, opinions, and rights of others and you further represent that your User Generated Content does not threaten, abuse, or harm others, and does not include any unlawful comments that are connected to race, national origin, gender, sexual orientation, or physical disability. Your User Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. You give Honored the sole right to suspend, terminate, limit, or remove your right to use the Website for violation of the foregoing.
Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Honored by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Honored may find it on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Karen Sonneborn | email@example.com
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF HONORED TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HONORED IN CONNECTION WITH THE TRANSACTIONS THAT UNDERLIE THE CLAIM. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Links to Other Websites
This Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Honored expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the services provided by, available through, or advertised on these third-party websites. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website. If you decide to access any of the third party websites linked to this Website, you do so at your own risk.
Electronic Signatures and Agreements
You acknowledge that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY HONORED. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Agreement constitutes the entire agreement between you and Honored and supersedes any prior version of this Agreement. If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be effected thereby and shall continue in full force and effect. Honored reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them. Except as expressly set forth in this Agreement, no failure or delay by you or Honored to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.
© 2017 Honored Foundation or its licensors. All Rights Reserved.
Effective Date: April 4th, 2017
What information do we collect?
When you use our website, you may voluntarily provide personal information, including your name or email address. As a student, you may also provide personal information about your teacher, your school, and your experience with your teacher when you submit a teacher nomination (or when a parent does so on your behalf). Donors to Honored may also provide personal information when submitting a donation.
If you are a teacher and you do not want Honored to continue to use personal information that has been submitted about you, please see the Updating Your Information section below.
What do we use your information for?
When you voluntarily provide us with personal information, we may use it, for example, to:
- Carry out our mission, including by verifying the identity of teachers that have been nominated and awarding prizes;
- Communicate with website visitors, students and/or parents, nominated teachers, and writers who prepare content for our website;
- Maintain, operate, customize, and improve the website;
- Respond to requests for information;
- Provide updates, surveys, and other content that may be of interest to you;
- Engage in statistical analysis, research, and other analytical activities;
- Monitor the website for compliance with our terms of service and the law; and
- Carry out other purposes as disclosed at the time of collection.
How is information shared?
We may share personal information:
- With your consent or as disclosed to you;
- With writers or other third parties who develop content for the website, including developing features about students and teachers;
- With third party service providers that assist us, such as to process donations, send mailings, or to help operate the website;
- With selected third parties to provide information or offers that may interest you;
- Pursuant to a court order, subpoena, warrant, or when otherwise required by law, or in response to a government inquiry; and
- To protect our rights and the rights or safety of third parties, including to protect the security and integrity of the website.
We may share technical information, as well as any other information that has been de-identified so that it does not identify you personally, without restriction.
Additionally, we may make teacher nominations publicly available on our website, and may use this information in other media with consent.
Updating Your Information
If you have questions about updating the personal information that you have provided to us, or if you would like to request that we delete your personal information, please contact us at firstname.lastname@example.org.
Honored understands the importance of protecting the personal information of children under 13. If you are under 13, please do not submit any information to this website without the help of a parent. If you are a parent and you want to have information submitted by your child deleted, please contact us at email@example.com.
© 2017 Honored Foundation or its licensors. All Rights Reserved.
Nominations Terms and Conditions
Effective Date: September 1, 2017
Welcome to the Honored Awards Program (the Awards) for honoring truly inspiring teachers! Thanks for reviewing these important Nominations Terms and Conditions (Terms). Please excuse the necessary legalese in these Terms. Also, see our reader-friendly Awards FAQ at http://www.honored.org/nominate.
NO PURCHASE OR PAYMENT IS NECESSARY. BY PARTICIPATING IN THE AWARDS, PARTICIPANTS AGREE TO BE BOUND BY THESE TERMS AND THE DECISIONS OF THE HONORED FOUNDATION (SPONSOR).
IF YOU ARE UNDER AGE 18, YOU MUST PROVIDE YOUR PARENT OR LEGAL GUARDIAN’S EMAIL ADDRESS DURING THE NOMINATION PROCESS, AND MUST REVIEW THESE TERMS WITH YOUR PARENT/GUARDIAN.
1. Eligibility: The Awards are open to legal residents of the 50 United States and District of Columbia who are current or former students wishing to nominate a K-12 classroom teacher from any public or private school in the United States. Employees, officers, and directors of Sponsor, and their respective parents, affiliates, subsidiaries, related companies, representatives, agents, those engaged in the development or production of these Awards, and the immediate family and household members of each such employee, officer, and director, are not eligible to participate.
2. Timing: The Awards start October 1, 2018 at 12:01am Eastern Time (ET) and end March 31st, 2019 at 11:59pm ET (Awards Period). Nominations will be accepted from January 15, 2017 at 12:01am ET until June 30, 2018 at 11:59pm ET (the Nominations Period). Nominations will be accepted throughout the Nominations Period, and potential honorees will be notified on an ongoing basis through the Awards Period. Nominations may be re-evaluated by Sponsor for subsequent awards programs.
3. How to Participate: During the Nomination Period nominate a teacher through the Awards application at http://www.honored.org/nominate. Follow the instructions to complete the Awards registration form and nominate a teacher (the Nominee), including by providing your name, your email address, your school and grade (if applicable), the nominee’s name and school (with postal address, email address, or phone number), and the subject and grade that the nominee teaches. Important: If you are under age 18, you must provide your parent or legal guardian’s email address and involve your parent/guardian in the nomination process. Then, provide us with a short description about how the Nominee has inspired you and why the Nominee deserves to be recognized for his or her teaching. Your nomination and short description are your Submission, and you are the Nominator.
Note: Nominees must be current educators. Nominees who are retired or will retire within the school year are not eligible. A Nominee cannot nominate him- or herself, and a Nominee cannot be nominated by family members.
After you submit your Submission, the Nominee may be notified by email to confirm that he/she accepts the nomination. Your Submission will not be included in the Awards unless and until the Nominee accepts the nomination. The Nominee must accept the nomination in writing before the Awards Period ends. Nominator and Nominee may be asked to provide more information for Sponsor to confirm identity and eligibility, and may be asked to submit to a background check.
By uploading your Submission, you agree that your Submission conforms to the Guidelines and Content Restrictions provided below (the Guidelines and Restrictions). Sponsor may reject your Submission and disqualify you from the Awards if it believes that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be in English;
- The Submission cannot have been submitted previously in an award program, contest or promotion; and,
- You cannot submit the same Submission for more than one Nominee.
- The Submission must not contain material that violates or infringes anyone’s rights;
- The Submission must not disparage anyone or anything;
- The Submission must not contain trademarks other than those owned by Sponsor, which Nominator has a limited license to use in his/her Submission;
- The Submission must not contain anyone else’s image or artwork;
- The Submission must not contain material that is mean, unkind, or inappropriate (e.g., no indecent, obscene, hateful, tortious, defamatory, libelous, discriminatory, bigoted, or racist material);
- The Submission must not contain material that violates any laws or regulations in the United States.
Each Nominator represents and warrants that his/her Submission does not contain any material that would violate any laws or third-party rights. Nominator also represents and warrants that he/she has permission from anyone referenced in the Submission to reference him/her in the Submission. Sponsor reserves the right to disqualify any Submission that it believes contains offensive or inappropriate content or does not comply with these Terms. Submissions will not be acknowledged or returned to Nominators.
Limit: Each Nominator may upload more than one Submission during the Nomination Phase but may only upload one Submission per Nominee. Once submitted, unless the Nominator or the Nominee requests that Submission be withdrawn, a Submission will be retained by Sponsor and may be considered again for future Honored Awards. Submissions generated by script, macro or other automated means are void.
License Rights: Each Nominator grants to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display his/her Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Nominator (and, if Nominator is a Minor, Nominator’s parent/guardian) will sign documentation confirming these license rights. Released Parties (defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, garbled, delayed or misdirected Submissions; all of which will be void.
4. Award Determination: During the Awards Period, six (6) Nominees will be selected to receive an award (each is an Honoree) as follows:
a) Judging Phase: On an ongoing basis during the Awards Period, a committee selected by Sponsor (the Committee) will review the Submissions received to date during the Nomination Period, and then judge eligible Submissions based on the following criteria (Judging Criteria):
- Teacher’s personal, academic, or inspirational impact on student(s) (40%);
- Creativity of teaching style (20%);
- Effectiveness of teaching style (20%);
- Geographic impact of teacher’s efforts (e.g., rural/community/city) (10%); and
- Teacher’s leadership in schools/community (10%).
Sponsor reserves the right to contact Nominees for more information in connection with the Awards and to retain any information collected for use in judging and winner selection, future use in promoting or publicizing the Awards, and other Honored.org awards programs, and for such other uses as Sponsor deems proper.
b) Sponsor Selection: Notwithstanding anything contained herein, Sponsor expressly reserves the right to identify and select other nominees which may, from time to time, be discovered by Sponsor or identified by schools or other organizations.
5. Notice to Honorees: The potential Honorees will be notified by email on an ongoing basis during the Awards Period. If the potential Honoree does not respond to such notification within 10 business days of the notification, or otherwise comply with the requirements in the notification, he/she may be disqualified.
The potential Honoree may be required to submit documentation showing that he/she is approved to be nominated by his/her employer (School). If during the Awards Period the potential Honoree changes Schools, the potential Honoree may be required submit documentation demonstrating that both the prior and current School endorse or approve the potential Honoree’s nomination. The potential Honoree may also be required to complete and return a Liability and Publicity Release, and any tax forms or other documents Sponsor requires. All required documentation must be returned within 10 business days of notification. The potential Honoree may also, at Sponsor’s discretion, be required to pass a background check and to provide any information and sign any documentation required to conduct such background check. Potential Honoree also agrees to participate without additional financial reward in interviews and photo sessions by writers and photographers engaged by Honored that can be used by Honored as marketing material.
Sponsor reserves the right to choose alternate potential Honorees if information in the Submission cannot be verified to the satisfaction of Sponsor or if potential Honoree fails to return any required documentation. If a potential Honoree is disqualified for any reason, the award may be awarded to an alternate, if any, selected in accordance with the Judging Criteria described above during the Awards Period. Only three alternates may be determined through this process, after which the award will remain un-awarded. Selection as an Honoree is contingent upon fulfilling all requirements in these Terms. EACH POTENTIAL HONOREE IS SUBJECT TO VERIFICATION BY SPONSOR AND WILL NOT RECEIVE THE AWARD UNLESS AND UNTIL POTENTIAL HONOREE’S ELIGIBILITY HAS BEEN VERIFIED. Awards will be fulfilled 2-8 months after the potential Honoree has been offered and has formally accepted the award, provided all required documentation and verifications steps have been completed.
6. Awards: Six Honorees will each receive one check for $5,000 for the Awards Period. The check will be sent to the address that Honoree provides on his/her Liability and Publicity Release. Total amount of all Awards during the Awards Period: $30,000. One award per person.
7. General Conditions: Sponsor reserves the right to cancel, suspend and modify the Awards program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the proper functioning or integrity or of the Awards, as determined by Sponsor. If the Awards Program is terminated, Sponsor may determine the Honoree(s) from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Awards or to be acting in violation of the Terms or in an unfair or disruptive manner. Sponsor’s failure to enforce any term of these Terms will not constitute a waiver of that provision. The use of the terms “include” or “including” in these Terms is illustrative and not limiting.
8. Release and Limitations of Liability: BY PARTICIPATING IN THE AWARDS, NOMINATORS AND NOMINEES AGREE THAT SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS, ADVERTISING, PROMOTIONAL, AND PUBLIC RELATIONS AGENCIES, LEGAL COUNSEL, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE RELEASED PARTIES), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY NOMINATORS AND/OR NOMINEES AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE AWARDS, SUBMISSION, OR PARTICIPATION IN THE AWARDS OR IN ANY AWARDS-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY AWARD CANNOT BE AWARDED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THE AWARDS, NOMINATORS AND NOMINEES AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY INTERNET SITES ASSOCIATED WITH THE AWARDS OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITES.
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Nominator and/or Nominee, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Awards; (2) technical failures of any kind, including malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Awards; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Awards, the uploading, the processing or judging of Submissions, the announcement of the awards or in any Awards-related materials; (5) late, lost, undeliverable, misdirected, damaged or stolen mail, or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
9. Publicity and Intellectual Property Releases: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE AWARDS CONSTITUTES EACH NOMINATOR’S, NOMINEE’S, AND HONOREE’S GRANT TO SPONSOR AND THOSE ACTING PURSUANT TO ITS AUTHORITY THE RIGHT AND PERMISSION TO EDIT, MODIFY, PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR LATER DEVELOPED, INCLUDING THE INTERNET, AT ANY TIME OR TIMES, THE NOMINATOR’S, NOMINEE’S, AND HONOREE’S, NAME, PICTURE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
10. Disputes: Except where prohibited, Nominator, Nominee and Honoree agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Awards or any award awarded will be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts in Delaware; (2) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred (but in no event attorneys’ fees); and (3) under no circumstances will Nominator, Nominee or Honoree be permitted to obtain awards for, and they hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Nominator, Nominee and Honoree and Sponsor in connection with the Awards, will be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules.
12. Honoree List: For the name(s) of the Honoree, visit http://www.honored.org/our-honorees. The Honoree name(s) will be posted after Honoree confirmation is complete and on the first day of the month of their being honored.
13. Sponsor: Honored, 1645 31st Street, NW, Washington, DC 20007.