YouTube Next EDU Guru

Program Guidelines


NO PURCHASE NECESSARY TO PARTICIPATE IN THIS PROGRAM


Please read these Guidelines before participating in the YouTube Next EDU Guru 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.

INTRODUCTION
The YouTube Next EDU Guru Program is a program for individuals who upload educational videos, and who have monetization enabled on their YouTube channels (“Channel”) for at least 50% of their channel video library (please see http://goo.gl/BIsRA for reference on monetization enablement); please see Eligibility below for more information. The Program is designed to help the selected individuals cultivate their YouTube channels (“Channel”) by providing the Participant (defined below) with a three-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 and other educational thought leaders about generating audience and attention for educational videos on YouTube. The Workshop will take place at the YouTube office (901 Cherry Avenue, San Bruno, CA 94066) from October 17-19, 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
Eligibility requirements apply at time of application, unless otherwise noted.

To be eligible to enter the Program, you (hereinafter “You” or “Participant”) must: (1) be a legal resident of Australia, Canada (excluding residents of Quebec), Ireland, New Zealand, the United Kingdom, or the United States; (2) be at least the legal age of contractual capacity in your jurisdiction of residence (and in no event under 18) at the time of entry; (3) apply as an individual, not as part of a team or a group (*please see end of this section for more information); (4) own a YouTube channel that has monetization enabled for at least 50% of all videos in the channel library; (5) not be a person or entity under U.S. export controls or sanctions; (6) be available and able to attend the three-day Workshop from October 17-19, 2012 in San Bruno, California; (7) have a YouTube account in good standing, including but not limited to, no outstanding copyright or Terms of Use (“TOU”) strikes on your YouTube account;

In addition to the Participant eligibility requirements, your Channel must meet the following eligibility requirement: (8) 50% or more of your Channel video uploads from September 13, 2011 to September 13, 2012 must be educational in nature, as determined by Google (defined below) in its sole discretion. Please see http://goo.gl/BIsRA from the YouTube Help Center for more information on video monetization.

The Program is organized by Google Inc. (“Google” or “Facilitator”), a Delaware corporation with principal place of business at 1600 Amphitheatre Pkwy. Mountain View, CA 94043, USA.

Employees, officers, directors, interns, contractors, representatives, agents and official office-holders of Google, and their respective parent companies, subsidiaries, affiliates, and advertising and promotion agencies and the Khan Academy (collectively, the “Program Entities”), 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.  Google reserves the right to verify eligibility and to adjudicate on any dispute at any time.

This Program is void in Quebec and where prohibited. The Program is subject to all applicable federal, state, local, provincial and territorial laws.

* Please note that this Program is open to individuals only. If your Channel comprises a team or a group of individuals, only one (1) person can enter for that Channel.

APPLICATION PROCESS
The Program begins at 10:00:00 A.M. Pacific Time (PT) on September 13, 2012 and ends at 11:59:59 P.M. PT on January 21, 2013 (“Program Period”).  Applications will be accepted beginning on 10:00:00 A.M. PT on September 13, 2012 until 11:59:59 PM PT on October 1, 2012 (“Application Period”).

PARTICIPANTS 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/yt/creators/next-edu-guru.html (“Program Site”) during the Application Period and follow the directions provided to submit your full name, phone number (including area code), email address, country of residence, YouTube account name, link to YouTube channel, and two (2) essay questions provided (collectively, the “Application”). You will be required to complete two (2) short essays: one essay about why You want to participate in this Program and a second essay about what your plans are for developing your Channel (“Essay(s)”). 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 October 1, 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 person and per email address. 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.

PARTICIPANT EVALUATION AND SELECTION
Each eligible Participant Application will be evaluated by Google and Khan Academy. The Applications, which include Videos uploaded to Participant’s Channel from September 13, 2011 to October 1, 2012, as well as the two Essays, will be evaluated based on various criteria, including but not limited to the following: original, creative, and innovative content; potential in technical video­making aptitude; ability to convey a story, relevant to education, to your audience; a demonstrated ability to develop an audience on YouTube, as evidenced by subscribers and total views on the Participant’s Channel (Google will consider subscribers and total views as of October 1, 2012); regular upload frequency, ideally averaging one (1) video per month since September 13, 2011, unless You created your YouTube Channel after that date (Google will consider video uploads until October 1, 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 video content contains any material or elements that are not owned by You, and/or which are subject to the rights of third parties, You 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 Google in the manner set forth in these Guidelines. Google reserves the right to request proof of these permissions in a form acceptable to Google from You at any time. Failure to provide such proof may, if requested, render your Application null and void. By submitting an Application, You warrant and represent that You and any persons appearing or who are identifiable in 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 Google, 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. All content must abide by the YouTube Terms of Service and Community Guidelines.

In addition to the existing video content on your Channel, Google will take into account the Essays submitted as part of your Application and may reach out to Participants via email or phone with additional questions to determine fit for the Program.

INVITEE NOTIFICATION & REQUIRED DOCUMENTS
Ten (10) Participants (each, an “Invitee” and collectively, the “Invitees”), each representing 10 YouTube channels, will attend the Workshop, subject to verification of eligibility and compliance with these Guidelines.

If a potential Invitee 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 Participant 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 Participant 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 Participant 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 or Participant 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 Participant will be chosen to replace the disqualified Invitee.

PROGRAM COMPONENTS
If You are selected as a Participant, You will be required to complete all program components discussed in this section to participate.

If you are selected as a Participant, during the Program Period, You must: (1) attend the Workshop in San Bruno, CA from October 17-19, 2012. The exact details of the San Bruno, CA Workshop are at Google’s sole discretion and are subject to change but will be made available to participants before the event.

By accepting the Program Guidelines, You agree to participate in all of the following Program Components:

·    Attend the three-day workshop in San Bruno, California October 17-19, 2012
·    Complete and upload all eight (8) Video Assignments by January 21, 2013

Google will provide Participant with round-trip, economy-class transportation to San Francisco, California from your location of residence. A USD $225 per diem will be included for the duration of the Workshop for transportation, meals, and other incidental costs. Lunch, light snacks, and refreshments will be provided throughout the day.

All Program Participants will also be eligible for a Khan Academy fellowship as determined and administered by Khan Academy.  Khan Academy Fellows are chosen in the sole discretion of the Khan Academy; Google is no way responsible for fellowship choices and hereby waives and/or disclaims all responsibilities with respect to the foregoing.

VIDEO ASSIGNMENT GUIDELINES
Video Assignments may not contain, as determined by Google, any content that exhibits the following:
·   is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
·   promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
·   is obscene or offensive; endorses any form of hate or hate group;
·   defames, misrepresents or contains disparaging remarks about Google or other people or companies;
·   contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
·   contains any personal identification, such as names or e-mail addresses;
·   contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
·   contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
·   contains look-alikes of celebrities or other public or private figures, living or dead;
·   communicates messages or images inconsistent with the positive images and/or
good will to which Google wishes to associate; and/or violates any law.

Also, all Video Assignments must be submitted in English and must be your own original, new work.

If the Video Assignments contain any materials or elements that are not owned by You, and/ or which are subject to the rights of third parties, You are responsible for obtaining, prior to submission of each Video Assignment, any and all releases and consents necessary to permit the use and exhibition of the Video Assignment (including video content) by Google in the manner set forth in these Guidelines, including, without limitation, name and likeness permissions and waivers or permissions with regard to moral rights from any person who appears in or is identifiable in the Video Assignment. Google reserves the right to request proof of these permissions in a form acceptable to Google from You at any time. Failure to provide such proof may, if requested, render your Video Assignment null and void and You may be disqualified from this Program. By submitting a Video Assignment, You warrant and represent that You and any persons appearing or who are identifiable in the Video Assignment consent to the submission and use of the Video Assignment in this Program and to its use as otherwise set forth herein.

INTELLECTUAL PROPERTY RIGHTS
As between Google and the Invitee, the Invitee 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 grants Google, its subsidiaries, agents and partner companies, a worldwide, royalty­free, and non­exclusive, 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 or any third party. Invitee 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 Participants’ 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.

PRIVACY
Participant agree that personal data including, but not limited to, name, mailing address, phone number (including area code), and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Program and notifying the Invitees. This data may be transferred outside of your country, including the European Economic Area, and You hereby agree with such transfer. For Participants who reside in the European Union: your data will be transferred in compliance with Safe Harbor principles. This data may also be used by Google to verify a Participant’s identity, postal address and telephone number in the event a Participant qualifies for the Program. Participants have the right to access, review, rectify or cancel any personal data held by Google in connection with the Program by writing to Google at the address listed under the “Eligibility” section above. Otherwise, all personal information that is collected from the Invitee is subject to YouTube’s Privacy Policy, located at http://www.youtube.com/t/privacy_at_youtube or our New Privacy Policy, effective March 1, 2012 (see YouTube link for more details)
RULES GOVERNING WINNERS
All taxes (including, without limitation, federal, state, and local taxes) on or connected with any award, and the reporting consequences thereof, are the sole and exclusive responsibility of the Participants.  Anything awarded in connection with the Program are nontransferable and non-endorseable. No substitution of awards is permitted, except that in the event of the unavailability of any award (as applicable), Google reserves the right to substitute an award of equal or greater value, in its sole discretion.

PUBLICITY
By accepting an invitation to the Program, each Invitee 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 Participant, 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 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 a Program Entity, Participant agrees to defend, indemnify and hold harmless the Program Entities 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, Video Assignment, Essay, recording or other material uploaded or otherwise provided by the Participant 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 Participant in connection with the Program; (c) any non- compliance by the Participant with these Guidelines; (d) claims brought by persons or entities other than the parties agreeing to these Guidelines arising from or related to the Participant’s involvement with the Program; (e) misconduct or misbehavior by a Participant and/or Participant 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 Participant; (h) any typographical or other error in the printing or offering of this Program, these Guidelines, and/or any other Program-related materials. To the extent permitted by applicable law and except where due to the negligence, breach of these Guidelines or other default of a Program Entity, each Participant agrees that the Program Entities 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 Assignments, video content, Essays and/or other recordings, the incorrect uploading of any Video Assignments and/or video content, the cancellation, postponement or malfunction of any Hangout, the determination of the Participants, or in any other Program-related materials.

LIMITATION OF LIABILITY
Nothing in these Guidelines will exclude or limit the Program Entities or Participant'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 Participant 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 Program Entities’ negligence, default or breach of these Guidelines, the Program Entities 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 Participant status (including any activity related thereto).

ELIMINATION & REMOVAL
Any false information provided within the context of the Program by any Participant 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 Participant from the Program. Furthermore, Google reserves the right to disqualify a Participant at any time at its discretion. Google reserves the right to not post or to take down any video content and/or Video Assignment from the Program Site at any time, for whatever reason, including subsequent determination that any video content and/or Video Assignment does not comply with these Guidelines. Program Entities are not responsible for any unauthorized use of video content and/or Video Assignments by third parties.

INTERNET
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 Participant’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 Participant and/or Participant from the Program at any time throughout the duration of the Program for misbehavior or misconduct. Google further reserves the right to disqualify any Participant who tampers with the Application process or any other part of the Program or Program Site. Any attempt by a Participant 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 Participant 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 country of residence of Participant, 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 (“Litigation Rights”) are hereby excluded, and all Participants expressly waive any and all such rights. To the extent that such waiver of Litigation Rights is not permitted by law, You agree by applying to the Program to submit to the exclusive jurisdiction of the competent court located in the capital city of your country of residence for any dispute, claim, or demand related in any way to the Program at the courts in your country of residence.

ARBITRATION
By entering this Program, You 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 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.

PARTICIPANT LIST
The list of Participants and their YouTube channels will be posted on the YouTube Official Blog at http://youtube-global.blogspot.com after October 8, 2012.