Diamondbacks and University of Phoenix Teaming Up for Education Official Rules
1. Summary of Program. The Diamondbacks and University of Phoenix Teaming Up for Education Grant Program (the “Program”) will award a portion of up to $150,000 (each, a “Grant” and collectively, “Grants”) to various school programs throughout the State of Arizona. By applying, the applicant, on behalf of themselves and their school, unconditionally agrees to and accepts all terms of these Official Rules. Submissions will be accepted commencing at 10:00 a.m. Mountain Standard Time (“MST”) on February 1, 2024, and must be received by 4:59 p.m. MST on March 15, 2024 (“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 University of Phoenix staff members and Arizona Diamondbacks Foundation, Inc., a 501(c)(3) public charity (the “Foundation”). The Foundation will award Grants as determined in its sole and absolute discretion.
2. Eligibility. The Program is open to all Arizona public, private, and nonprofit charter schools providing any Kindergarten–12th grade classes. Only teachers, coaches, administrators of the school, or an authorized representative of districts where such school is located, eighteen (18) years of age or older at the time of submission (“Eligible Applicants”), may apply on behalf of a school. Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the Foundation, AZPB Limited Partnership (dba Arizona Diamondbacks), Apollo Group, Inc., University of Phoenix, the MLB Entities (as defined below), and each of their respective parent, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Program are not eligible to participate. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils; the Major League Baseball Clubs (“Clubs”); MLB Advanced Media, L.P. (“MLB”); Major League Baseball Properties, Inc.; The MLB Network, LLC; 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; the owners; general and limited partners; shareholders; directors; officers; employees; and agents of the foregoing entities and their future successors or assigns.
3. Grant Descriptions.
a. Categories. Up to $150,000 in Grants may be distributed for use in the following three (3) categories (each, a “Category” and collectively, “Categories”):
(i) Educational & Student Impact Programs;
(iI) Innovation & Technology;
(iii) Student Wellness.
b. Grant Recipients. Each Grant is estimated to be worth between $1,000 and $10,000; however, actual amounts awarded may vary. The Foundation reserves the right to provide additional benefits to Grant recipients. All benefits shall be determined by the Foundation in its sole and absolute discretion.
4. Submission of Applications.
a. Categories. An application can be for any of the three (3) Categories described in Section 3(a). Eligible Applicants are allowed to submit multiple applications, and schools are permitted to be named in numerous applications, regardless of Category.
b. Content. Applications must be three thousand (3,000) characters or less (including spaces) and completed online at www.dbacks.com/teamingupforeducation. The application must: (i) demonstrate why the school should be awarded a Grant for a particular Category; (ii) include a brief description of the school’s financial needs and reason for the request; (iii) include a brief description and history of the students it serves; (iv) identify other conditions, circumstances, or additional information to support the application; and (v) include the following statement: “I hereby attest that the information provided in this application is truthful and accurate.” 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) to be eligible for evaluation. Late applications will not be accepted.
5. Selection of Application.
a. Evaluation. Representatives of the Foundation and University of Phoenix (collectively, the “Judges”) will evaluate all eligible applications received during the Submission Period to determine recipients for a Grant. All applications will be evaluated by the Judges to determine financial need and a Grant’s intended use. 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 May 1, 2024.
d. Notification. If a school is selected to receive a Grant, the Foundation will attempt to notify the Eligible Applicant and the school using the information submitted by the Eligible 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 applying, the applicant (on behalf of themselves and the school) warrants and represents that they (and/or the school) are 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.
a. Terms of Use and Privacy Policy. All information submitted online by applicants is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use accessible at: mlb.com/tou and Privacy Policy accessible at: mlb.com/privacy.
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 their school agree to release, discharge, and hold harmless the Foundation, AZPB Limited Partnership (dba Arizona Diamondbacks), the other MLB Entities, Apollo Group, Inc., University of Phoenix, 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.
f. CAUTION. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION WILL DISQUALIFY ANY APPLICANTT RESPONSIBLE FOR THE ATTEMPT, AND THE FOUNDATION, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
i. Arbitration; Class Action Waiver. As a condition of applying for this Grant, each applicant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this grant or any prizes awarded (each, a “Claim”) shall be (i) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in Maricopa County, Arizona before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will the applicant be permitted to obtain awards for, and the applicant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of Arizona, U.S.A, applicable to contracts entered into and performed exclusively in that State.
j. Winner Information. For the winners’ names, mail a request and a self-addressed stamped envelope to be received by December 31, 2024 to: Arizona Diamondbacks Foundation c/o Diamondbacks and University of Phoenix Teaming Up for Education Grant Program, 401 East Jefferson Street, Phoenix, Arizona 85004.
k. Sponsor. The sponsors of this Program are the Arizona Diamondbacks Foundation, 401 E. Jefferson Street, Phoenix, AZ 85004.
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