YouTube Next Cause Program Guidelines
NO PURCHASE NECESSARY TO PARTICIPATE IN THIS PROGRAM.
Please read these Guidelines before participating in the YouTube Next Cause Program (“Program”). By participating in this Program, you agree to be bound by these Guidelines and represent that you satisfy all the eligibility requirements set forth herein.
The YouTube Next Cause Program is a program for eligible Organizations (“Organization”) of the YouTube Nonprofit Program (http://www.youtube.com/nonprofits); please see Eligibility below for more information. The Program is designed to help the selected Organizations cultivate their YouTube channels (“Channel”) by providing the Partner (defined below) with a one-day educational workshop (“Workshop”). The Workshop is going to cover best practices for creating a successful Channel, and include presentations and interactive discussions with several Google teams about generating audience and attention for nonprofit causes. The Workshop will take place at the Google San Francisco office (345 Spear Street, San Francisco, CA 94105) on April 2, 2012. See below for further event details.
These guidelines (“Guidelines”) form a binding legal agreement between You (defined below) and Google with respect to the Program.
Eligibility requirements apply at time of application, unless otherwise noted.
To be eligible to enter the Program, you (hereinafter “You” or “Partner”) must: (1) be at least the legal age of contractual capacity in your country of residence (and in no event under 18); (2) be a resident of a YouTube Partner Program launched country (http://support.google.com/youtube/bin/answer.py?hl=en&answer=82839); (3) be available and able to attend the full-day Workshop on April 2, 2012 in San Francisco, California;
Employees, officers, directors, interns, contractors, representatives, agents and official office-holders of Google and their immediate families (parents, siblings, children, spouses, and life partners of each, and their respective spouses and life partners, regardless of where they live) and members of the households (whether related or not) of such individuals are ineligible to participate in this Program. Facilitator (see below) reserves the right to verify eligibility and to adjudicate on any dispute at any time.
The Program is organized by Google Inc. (“Google” or “Facilitator”), a Delaware corporation with principal place of business at 1600 Amphitheatre Blvd. Mountain View, CA 94043, USA.
The Program begins at 10:00:00 A.M. Pacific Time (PT) on February 17, 2012 and ends at 11:59:59 P.M. PT on April 2, 2012 (“Program Period”). Applications will be accepted beginning on 10:00:00 A.M. PT on February 17, 2012 until 11:59:59 PM PT on February 27, 2012 (“Application Period”).
PARTNERS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
To apply for the Program, visit the following url: http://www.youtube.com/nextcause (“Program Site”) during the Application Period and follow the directions provided to submit your full name, email address, Organization’s primary location, YouTube account name, verification of YouTube Nonprofit Program, and two (2) essay questions provided (collectively, the “Application”). You will be required to complete two (2) short essays: one essay about how your Organization has used YouTube to date and a second essay on how you would like to use YouTube to meet your Organization’s goals in the future (“Essay”). Each Essay must be in English and two hundred (200) words or less in length. If your Essay is longer than 200 words, only the first 200 words will be considered.
Your Application must be received by 11:59 p.m. PT on February 27, 2012 to be considered. Your Application is void if it is late, incomplete, altered, counterfeit, submitted through use of any automated means such as script, macro, bot, submitted by fraudulent means or by any means that subvert the application process. Limit one (1) Application per Organization. Applications submitted by any person or email address in excess of the stated limitation for any Channel will be void. All Applications will be deemed made by the authorized account holder of the email address submitted at the time of entry, who must comply with these Guidelines, and, if applicable the Invitee (defined below) may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other business responsible for assigning email address for the domain.
Participation in this Program shall in no way signify a contractual relationship between the Facilitator or any of its affiliates and You, and under no circumstances shall it result in an employee-employer relationship or in an application for employment with the Facilitator or any of its affiliates and You.
ORGANIZATION EVALUATION AND SELECTION
Each eligible Organization will be evaluated by the Facilitator. The Application will be evaluated, based on various criteria, including but not limited to the following: original, creative, and innovative content; potential in technical video-making aptitude; ability to convey a story, relevant to the nonprofit community, to your audience; a demonstrated ability to develop an audience on YouTube, as evidenced by subscribers and total views on the Organization’s Channel (Facilitator will consider subscribers and total views as of February 17, 2012); regular upload frequency, ideally averaging one (1) video per month since January, 1 2011, unless your Organization joined the YouTube Nonprofit Program after that date (Facilitator will consider video uploads until February 17, 2012).
Video content must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the video content contains any material or elements that are not owned by You or the Organization, and/or which are subject to the rights of third parties, You/Organization are responsible for obtaining, prior to submission of an Application, any and all releases and consents necessary to permit the use and exhibition of the Application (including video content) by Facilitator in the manner set forth in these Guidelines. Facilitator reserves the right to request proof of these permissions in a form acceptable to Facilitator from You/Organization at any time. Failure to provide such proof may, if requested, render your Application null and void. By submitting an Application, You/Organization warrant and represent that You/Organization and any persons appearing or who are identifiable in the video content consent to the submission and use of the video content (including the Application) in this Program and to its use as otherwise set forth herein. Video content may not depict acts, which in the sole discretion of the Facilitator, are or could be antisocial, illegal, or dangerous to humans or property. Video content that is prohibited or inappropriate or that is otherwise not in compliance with these Guidelines may result in disqualification from this Program.
In addition to the existing video content on the Organization’s Channel, Facilitator will also take into account the Essays submitted as part of your Application and may reach out to Partners or Organizations via email or phone with additional questions to determine fit for the Program.
INVITEE NOTIFICATION & REQUIRED DOCUMENTS
Thirty (30) Partners (each, an “Invitee” and collectively, the “Invitees”), each representing 30 Organizations, will attend the Workshop, subject to verification of eligibility and compliance with these Guidelines.
If a potential Invitee (or Organization) does not respond to the notification attempt within four (4) days from the first notification attempt or if a potential Invitees is not in compliance with these Guidelines, then such potential Invitee will be disqualified and an alternate Invitee and Organization will be selected from among all eligible Applications received based on the selection criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential Invitee engages in a live conversation with Facilitator or when a message is left on the potential Invitee’s voicemail service or answering machine by the Facilitator, whichever occurs first. Except where prohibited by law, each potential Invitee will be required to sign and return a Statement of Eligibility and Release and provide any additional information that may be required by Facilitator. The receipt of the Workshop shall be conditional on potential Invitee signing a release statement, which includes, without limitation, confirmation that the Organization owns all intellectual property rights on their Channel created under Program Components. Potential Invitees must return all such required documents, including the release statement described above, within ten (10) business days following attempted notification or such potential Invitee will be deemed to have forfeited the invitation to the Workshop and an alternate Invitee and Organization will be selected based on the selection criteria described herein. All notification requirements, as well as other requirements within these Guidelines, will be strictly enforced.
The Facilitator reserves the right to disqualify an Invitee and/or Organization based on the results of the background check, including, without limitation, based on driver history or record, any drug or alcohol dependency or treatment, criminal arrests or convictions—either settled or still pending. In such instance, an alternate Invitee and Organization will be chosen to replace the disqualified Invitee.
If You are selected as an Invitee, You will be required to attend the Workshop in San Francisco, California on April 2, 2012 from 9 p.m. to 4 p.m. PT. You are responsible for transportation to and from the location and all affiliated expenses. Lunch, light snacks, and refreshments will be provided throughout the day.
INTELLECTUAL PROPERTY RIGHTS
As between Google and the Invitee/Organization, the Invitee/Organization retains ownership of all intellectual and industrial property rights (including moral rights). As a condition of acceptance of this Workshop and to the extent permitted by applicable law, Invitee/Organization grants Google, its subsidiaries, agents and partner companies, a worldwide, royalty-free, and non-exclusive, irrevocable license for the duration of the existence of author’s rights, to use, cut, rearrange, add to, delete from, copy, translate, dub, broadcast, exploit, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display any video content, or other recordings that may be made during the duration of the Program, including, without limitation, any names, locations, performances and likenesses, in any and all media, including but not limited to digital and electronic media, computer, audio, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, advertising, promotional, commercial or any other purposes, without further review, notice, approval, consideration or compensation to Invitee/Organization or any third party. Invitee/Organization agrees to, where legally possible, not assert all “moral rights” or “droit moral” in any recordings created during the Program.
The foregoing license is being granted for the purposes stated above, including, without limitation, the following purposes: (1) for the purposes of allowing Facilitator to evaluate Organization’s videos on their Channel, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and video clips available for promotional purposes.
By accepting an invitation to the Program, each Invitee/Organization agrees and consents to the Facilitator and its agencies’ use of Invitee’s name, city and state of residence, photograph, biographical information and/or likeness and video content, information about the Organization, and/or other recordings provided to Facilitator for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide in perpetuity, without additional compensation, notification or permission unless prohibited by law. Each Invitee/Organization agrees to sign a further release confirming this publicity release in writing if requested by Facilitator.
WARRANTY AND INDEMNITY
To the maximum extent permitted by law, and except where due to the negligence, breach of these Guidelines or the default of Facilitator, Partner and Organization agrees to defend, indemnify and hold harmless the Facilitator from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any video content, Essay, recording or other material uploaded or otherwise provided by the Partner/Organization that infringes on any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or defames any person or violates their rights of publicity or privacy, or that is otherwise not in compliance with these Guidelines, (b) any misrepresentation made by the Partner or Organization in connection with the Program; (c) any non-compliance by the Partner or Organization with these Guidelines; (d) claims brought by persons or entities other than the parties agreeing to these Guidelines arising from or related to the Partner’s or Organization’s involvement with the Program; (e) misconduct or misbehavior by a Partner or Organization during or in connection with the Program (including in connection with any of the Program Components); (f) any malfunction or other problem with the Program Site; (g) any error in the collection, processing, or retention of Application information caused by Partner or Organization; (h) any typographical or other error in the printing or offering of this Program, these Guidelines, and/or any other Program-related materials, including the announcement of Invitees. To the extent permitted by applicable law and except where due to the negligence, breach of these Guidelines or other default of an Facilitator, each Partner/Organization agrees that the Facilitators are not responsible for any problems or errors that may occur in connection with the administration of this Program, the processing and/or judging of Applications, video content, Essays and/or other recordings, and/or video content, the cancellation of the Workshop, the determination of the Invitees/Organizations, or in any other Program-related materials.
LIMITATION OF LIABILITY
Nothing in these Guidelines will exclude or limit the Facilitator’s, Partner's, or Organization’s liability for (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by its negligence; (iii) gross negligence; (iv) willful default; (v) any misrepresentation made by the Partner or Organization in connection with the Program (if applicable); or (vi) any other liability which cannot be excluded by law. Except where prohibited by law and to the extent that any personal injury or death is caused by the Facilitator’s negligence, default or breach of these Guidelines, the Facilitator shall not be responsible for any claims, losses, liability and damages of any kind, arising in whole or in part, directly or indirectly, in connection with participation in this Program or the use, acceptance or misuse of the Workshop and/or Invitee/Organization status (including any activity related thereto).
ELIMINATION & REMOVAL
Any false information provided within the context of the Program by any Partner or Organization concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Guidelines or the like may result in the immediate elimination of the Partner and Organization from the Program. Furthermore, Facilitator reserves the right to disqualify a Partner or Organization at any time at its discretion. Facilitator reserves the right to not post or to take down any video content from the Program Site at any time, for whatever reason, including subsequent determination that any video content does not comply with these Guidelines. Facilitators are not responsible for any unauthorized use of video content by third parties.
To the extent permitted by applicable law and except where due to the negligence, breach of these Guidelines or other default of a Facilitator, Facilitators are not responsible for any malfunction of the Program Site or any related sites for late, lost, stolen, damaged, misdirected, incomplete, garbled, undeliverable, or destroyed Applications, Essays, video content and/or any other recordings due to system errors and/or any other errors or problems; failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, incorrect or inaccurate entry information, human error, technical malfunction, lost, delayed data transmission, omission, interruption, defect, or unavailable network or other connections, for typographical, printing, electronic, network, computer, mechanical, technical or system/human or other errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, Internet Service Provider (ISP), servers or providers, or computer equipment, traffic congestion on the Internet or at the Program Site, or related sites, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit a Partner’s ability to participate in this Program. To the extent permitted by applicable law and except where due to the negligence, breach of these Guidelines or other default of an Facilitator, Facilitators are not responsible.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY
If for any reason as determined by Google in its sole discretion, the Program is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program. Google can dismiss a Partner and/or Organization from the Program at any time throughout the duration of the Program for misbehavior or misconduct. Google further reserves the right to disqualify any Partner or Organization who tampers with the Application process or any other part of the Program or Program Site. Any attempt by a Partner or Organization to deliberately damage any website, including the Program Site, or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Google reserves the right to seek damages and other remedies (including attorneys’ fees) from any such Partner and/or Organization to the fullest extent permitted by applicable law.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES
These Guidelines shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Guidelines are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Program are hereby excluded, and all Partners and Organizations expressly waive any and all such rights.
By entering this Program, You/Organization agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Program will be decided by binding arbitration. All disputes between You/Organization and Google of whatsoever kind or nature arising out of these Guidelines, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
The list of Invitees/Organizations will be posted on http://goo.gl/vqZbk after March 5, 2012.