Waiver - "Talk to Me": Cleveland Music Oral History Project




1.    The Rock and Roll Hall of Fame and Museum “Talk to Me” A Cleveland Oral History Project for K-12 Students Teacher Submission Program (the “Program”) begins on February 20, 2013 and ends on February 28, 2014 at 11:59 p.m. Ohio, U.S.A. time (the “Program Period”).  The Rock and Roll Hall of Fame and Museum, Inc.’s (the “Rock Hall’s”) goal in establishing the Program is to encourage teachers to teach students to develop essential research, writing, critical thinking, and interpersonal skills while they deepen their understanding of Cleveland’s unique and varied African-American musical culture.  Teachers may opt to submit copies of their student’s projects (in various media) to the Rock Hall (such submissions, “Submissions”), and the Rock Hall may determine, in its sole discretion, to place Submissions (as may be edited by the Rock Hall due to length, suitability or other reasons in the Rock Hall’s sole discretion) on its website located at www.rockhall.com or otherwise use such content in furtherance of the Rock Hall’s educational programs including, without limitation, in Teachers Rock classes, Summer Teacher’s Institute or otherwise (such potential uses by the Rock Hall shall be referred to collectively hereunder as “Rock Hall Use”) in perpetuity.  The Program is not a contest, and no prizes shall be awarded.  The Rock Hall does not guarantee that any Submissions will be displayed on www.rockhall.com or otherwise used by the Rock Hall.  The purpose of the Program is to encourage critical thinking, and Submissions do not reflect the views of the Rock Hall.
2.    In order to submit a Submission to the Rock Hall for Rock Hall Use, the entrant needs to satisfy the following criteria (and by remitting a Submission to the Rock Hall, the entrant does hereby represent, warrant and covenant that such entrant has satisfied the following criteria):
a.    Entrant is a teacher or administrator employed by a public or private school or entrant is an individual that provides education in a homeschool, library, afterschool or other similar educational setting.  Multiple Submissions are permitted as long as they are not duplicative.  Submissions sent by students directly will not be eligible.  
b.    Entrant has obtained the consent of the applicable parent or guardian of each student or other person under the age of 18 years of age participating in the Submission as well as the consent of any person (aged 18 years or older) or entity participating in the Submission:  (i) to participate in the Program; (ii) to send the Submission to the Rock Hall; and (iii) for Rock Hall Use.
c.    Any identification of, or reference to, a student (or other minor) in the Submission should include only the student’s (or minor’s) first name and no other personally identifying information (including, without limitation, no reference to such student’s (or minor’s) last name, age, address, e-mail addresses, phone numbers, or social media accounts).
d.    Entrant certifies that Submission is original to the entrant’s respective student or students (herein “student”) and that the student is the sole and exclusive owner and rights holder of the Submission (or if student is not sole and exclusive owner and rights holder of the Submission, that the student has obtained the necessary permission to include the Submission in the Program) and the entrant has the right to submit the Submission in the Program.  Each entrant agrees, on behalf of the student creator of the Submission, that (i) such entrant has the right to submit the Submission in the Program including, that such entrant has obtained the consent of the applicable parent or guardian of each student (or other minor participating) as well as the consent of any person (aged 18 years or older) and any other third party participating in the Submission to (A) participate in the Program and these Official Rules; (B) to remit the Submission to the Rock Hall; and (C) for Rock Hall Use; (ii) all necessary rights and clearances have been obtained by student creators in the creation of the Submission and for the Rock Hall Use; and (iii) the student creators of Submissions have not created the Submission in any manner that might (A) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; and (B) otherwise violate applicable law or regulations in any countries in the world.     
e.    Because the Program is an educational program, Submissions shall not promote any organization or business (other than the artist(s)/group(s) to which the Submission refers).  Submissions further may not constitute advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes, or contain any computer viruses or other harmful codes.
f.    Submissions must not contain defamatory statements (including words or symbols) that are widely considered offensive to individuals of certain races, ethnicities, religions, sexual orientations, or socioeconomic groups.
g.    Submissions must not include threats to any person, place, business, or group; they must not invade privacy or other rights of any person, firm, or entity; and they must not in any way violate applicable federal, state, or local laws and regulations as determined by the Rock Hall, in its sole discretion.
h.    Submissions must not contain content that promotes dangerous activities that may result in injury to oneself or others, as determined in the sole discretion of the Rock Hall.
i.    Submissions may not contain indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, and may not in any way disparage persons or organizations associated with the Rock Hall.
j.    The Rock Hall reserves the right in its sole discretion to disqualify any Submission that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Rock Hall, the Program, or any other person or entity or does not comply with these requirements or these Official Rules.
k.    Submissions must be suitable for presentation in a public forum, in the sole determination of the Rock Hall.
l.    Submissions should be sent to education@rockhall.org.  Only submissions emailed to this e-mail address during the Program Period will be accepted as valid. If the Submission consists of a video Submission, the entrant shall upload the video to YouTube and send the link to the designated submission e-mail address indicated during the Program Period.  If the Submission consists of an audio-only Submission, the entrant shall send an mp3 file via e-mail.  
m.    By submitting audio files and/or links to video Submissions to the Rock Hall, the entrant grants (and underlying student contributors grant) the Rock Hall a perpetual license to use such audio and/or video for Rock Hall Use, and all other Submissions will become the property of the Rock Hall.  
3.    The Program is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Rock Hall’s decisions, which are final and binding in all matters related to the Program.
5.    Release: By remitting a Submission to the Rock Hall hereunder, the entrant agrees to release and hold harmless the Rock Hall, its affiliates, You Tube, and each of their officers, trustees, employees, volunteers and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage arising from or relating to the Submission (or component thereof) or the Program.
6.    Publicity: Except where prohibited, participation in the Program constitutes the entrant’s (and any person appearing in, or contributing to, a Submission) consent to the Rock Hall and its agents’ use of the entrant’s (and any person appearing in a Submission) name, likeness, photograph, voice, opinions and/or name of school for Rock Hall Use in any media, worldwide, without further payment or consideration.   The Rock Hall may alter, amend, edit, or change Submissions.
7.    General Conditions: The Rock Hall reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any technical failures or any other factor beyond the Rock Hall’s reasonable control impairs the integrity or proper functioning of the Program, as determined by the Rock Hall in its sole discretion. The Rock Hall’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  
8.    Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software or non-receipt of a Submission; (c) unauthorized human intervention in any part of the Program; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s (or their student’s) participation in the Program.  
9.    Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Ohio or the appropriate Ohio state court located in Cuyahoga County, Ohio; (2) any and all claims, judgments and awards against the Rock Hall shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Rock Hall in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
10.    NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE ROCK HALL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Any damage made to the following: education@rockhall.org, www.rockhall.com or https://rockhall.com/education/inside-the-classroom/teachers-rock/cleveland-music-oral-history/  by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address submitted at the time of entry/Submission.

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