THIS PROGRAM IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT SUBMIT AN APPLICATION IF YOU ARE NOT LOCATED IN THE UNITED STATES. Further eligibility restrictions are contained in the Terms & Conditions below.
1. DESCRIPTION: The "CPB Crash Course" (the "Promotion") is a call-for-submissions program in which eligible "Participants" (as defined below) who comply with these Terms & Conditions will have the opportunity to complete the online application (the "Application") for consideration as described below. The sponsor of this Promotion is Crispin Porter Bogusky+, 6450 Gunpark Drive, Boulder, CO 80301 ("Sponsor" or "CPB"). The administrator of this Promotion is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 ("Administrator"). The Sponsor and Administrator are collectively defined as the "Promotion Entities".
THE PROMOTION WILL OPERATE AS FOLLOWS:
- • Application Period: Eligible Participants can submit an Application (as described in Section 3) beginning on or about Wednesday, May 8, 2019 and ending Friday, May 31, 2019 at 11:59:59 pm Pacific Time ("PT") (the "Submission Period").
- • Application Review & Judging: Concurrent with and immediately following the Submission Period, eligible Applications will be evaluated and reviewed by the Sponsor, as described in Section 4, to select up to twelve (12) Participants to progress to a video conference interview with CPB (each a "Semi-Finalist Candidate").
- • Semi-Finalist Candidate Notification: On or about Friday, June 7, 2019, up to twelve (12) Semi-Finalist Candidates will be contacted to confirm eligibility, obtain releases and to schedule a date/time to participate in a recorded video conference interview, as described in Section 5, to determine up to six (6) Finalists.
- • Finalist Round: Following the video conference interview, up to six (6) Finalists will be offered the opportunity to participate in a 6-week Crash Course at CPB in Boulder, CO (the "Finalist Round"). It is currently contemplated that the Finalist Round will take place from July 15 – August 23, 2019.
- • Offer: At the conclusion of the Finalist Round, up to one (1) Finalist will be offered either (1) a six (6) month freelance employment contract with CPB or (2) complimentary attendance at the Denver Ad School in either the Art Direction or Copywriting program for five (5) consecutive quarters, as determined by the Sponsor in its sole discretion (the "Offer").
2. ELIGIBILITY: Participants must meet the following eligibility criteria:
- • Participant must NOT be under any contractual obligation that would conflict with this Promotion or any Offer that might be extended as a result of the Promotion;
- • Participant must have experience in content development and knowledge of the various social media platforms; however:
- o The Participant is NOT required to have previous advertising or marketing experience;
- o The Participant is NOT required to be a college-age or a current or previous college student;
- • Participant must be at least twenty-one (21) years of age at the time of entry;
- • Participant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia;
- • Participant must be the rightful owner of content associated with the Application or have proof of permission to use any photo, video or other creative assets submitted as part of the Application;
- • Participant, if selected as a Semi-Finalist Candidate, must consent to a background check as a condition of being considered or confirmed as a Finalist. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Promotion Entities to help ensure that an individual’s participation in the Promotion will not, in Promotion Entities’ sole discretion, bring the Released Parties (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Released Parties, as determined by Sponsor in its sole and absolute discretion. If requested, the Participant agrees to sign a waiver authorizing the release of personal and background information;
- • Participant, if selected as a Finalist, must have the ability to travel to/from Boulder, CO for the Finalist Round;
- • Participant, if selected as a Finalist, must be eligible to work in the United States for the duration of Finalist Round or any Offer that might ultimately be extended;
- • Participant must be an individual (team Applications are not permitted);
- • Participant must be a registered YouTube user in order to participate. Registration on YouTube is free and can be obtained by going to www.youtube.com and following the onscreen instructions to open an account. Registration is subject to acceptance of YouTube’s Terms, located at http://www.youtube.com/t/terms and YouTube’s Community Guidelines, located at https://www.youtube.com/t/community_guidelines; and
- • Participant must NOT be an employee, owner, officer or director of any of the Promotion Entities, their affiliates, nor an Immediate Family Member or Household Member of such persons. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW TO PARTICIPATE: During the Application Period, eligible Participants must follow the steps below to apply.
Step 1: The Participant must first produce an up to two (2) minute video (the "Video") explaining why he or she would be an asset to CPB. The Video must be posted to YouTube as "Unlisted". Once the Video is uploaded, the Participant must copy the Video link, then proceed to Step 2.
Step 2: The Participant must visit the website located at www.cpbcrashcourse.com (the "Website"), then the Participant must follow the on-screen instructions to complete the online Application with the following:
- • Participant’s First & Last Name, Email, Phone Number & Current City of Residence;
- • Participant’s Social Media Handles;
- o All social media accounts must be set to "public" for the duration on the Promotion
- • Link to Participant’s portfolio, or website, if applicable;
- • Link to Participant’s unlisted YouTube Video; and
- • Response to the following questions in 500 characters or less:
- o What type of experience or expertise do you have?
- o What is your reason for pursuing this opportunity?
- o Why should you be picked to participate in the Finalist Round?
Step 3: Participant must confirm that he or she is at least twenty-one (21) years of age, agree to the Terms & Conditions and click "Submit".
The completed Application and Video shall collectively be referred to as the "Submission".
Submission must be received in accordance with the terms set forth herein by Friday, May 31, 2019 at 11:59:59 pm PT. Limit one (1) Submission per Participant. Participants must provide all information requested to be eligible to progress in the Promotion. Sponsor, at its sole discretion, may contact a Participant during the Application Period if there is a suspected upload failure or to request the Participant edit the Submission to comply with these Terms and Conditions. It is the responsibility of the Participant to ensure that his/her Submission is uploaded by the deadline. Submissions uploaded after the deadline will not be reviewed by the judges and will be disqualified. Participants must provide all requested information; incomplete or inaccurate Submissions may be disqualified at the sole discretion of Sponsor.
Submissions must meet the following criteria:
- • The Video must feature the Participant-only describing why he or she would be an asset to CPB in two (2) minutes or less;
- • The Submission must be original to Participant and Participant must be the rightful owner of any work showcased in the Submission or must have the rights, title and interest necessary to utilize the Submission for the Promotion in compliance with these Terms and Conditions;
- • Submission must be in accordance with the Content Restrictions listed below; and
Submissions are subject to the following Content Restrictions:
- • Submission must NOT contain material which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, or harassing;
- • Submission must NOT contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) patent, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation; and
- • Submissions must NOT contain any derogatory references to any Promotion Entities.
Applications which violate these Terms and Conditions may be deemed ineligible and disqualified, at the sole discretion of the Promotion Entities. Promotion Entities reserve the right, in their sole discretion, to determine which Applications have satisfied the requirements. ELIGIBLE PARTICIPANTS MUST SUBMIT APPLICATIONS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
4. APPLICATION REVIEW & JUDGING: Eligible Applications will be evaluated by the judges based on the criteria and weighting below ("Judging Criteria"). Up to twelve (12) Applications with the highest scores after the initial evaluation based on the Judging Criteria will be determined as potential Semi-Finalist Candidates, subject to verification of eligibility, execution of the Semi-Finalist Documents (defined below), completion of a background check (pursuant to Section 2) and compliance with these Terms and Conditions. For consideration as a Finalist, each Semi-Finalist Candidate must be available to participate in a recorded video conference interview on a date and time selected by the Sponsor, in its sole discretion. Such video conference will be approximately 30 minutes in duration. All decisions are final on all aspects of the Promotion.
- • Unique Attributes of the Submission: 40%
- • Relevance of experience to the Finalist Round/Offer: 30%
- • Overall Creativity of Submission/Participant: 30%
Judges reserve the right to choose fewer Semi-Finalist Candidates, no Semi-Finalist Candidates, and/or to extend the Application Period and all other dates associated with the Promotion in the event an insufficient number of eligible Applications meeting the Submission Requirements and Content Restrictions are received, as determined by Sponsor and the judges in their sole discretion. Date changes, if applicable, will be communicated on the Website. In the event of a tie, the tied Applications will be re-judged by the judges in accordance with the aforementioned criteria and the Application with the highest point score on "Unique Attributes of the Submission" will be determined the potential Semi-Finalist Candidates, at the sole discretion of the judges.
5. POTENTIAL SEMI-FINALIST NOTIFICATION: On or about Friday, June 7, 2019, up to twelve (12) Semi-Finalist Candidates, as determined by the judging results, will be notified via the email and/or at the phone number associated with the Application. Participants must be able to receive calls from a blocked or unknown number. Potential Semi-Finalist Candidates will be required to respond as directed by the Administrator to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the potential Semi-Finalist Candidate standing and, in such case, Sponsor or Administrator may select an alternate Semi-Finalist Candidate, based on the judging results. Potential Semi-Finalist Candidates will be required to verify address and to execute and return an affidavit of eligibility, a liability release, a confidentiality release and, unless prohibited by law, a publicity release and other related documents as may be required by the Promotion Entities (the "Semi-Finalist Documents") within a reasonable amount of time, as determined by the Promotion Entities in their sole discretion. All documents must be returned within the time period directed by the Sponsor and/or Administrator. Potential Semi-Finalist Candidates are bound to confidentiality and are NOT permitted to publicly announce their status as a Semi-Finalist Candidate (via social or traditional media). A Semi-Finalist Candidate’s breach of such confidentiality will result in his/her forfeiture of the Semi-Finalist Candidate standing, and, in such case, Promotion Entities may select an alternate or proceed with fewer Semi-Finalist Candidates.
Upon return of the Semi-Finalist Documents, Semi-Finalist Candidates will be subject to a background check and required to participate in a recorded video conference interview with the Sponsor’s representatives to discuss the Application in greater detail. If a Semi-Finalist Candidate is personally acquainted with CPB senior executives, the nature of such acquaintance must be disclosed. Potential Semi-Finalist Candidates are bound to confidentiality and are NOT permitted to publicly announce their status as a Semi-Finalist Candidate (via social or traditional media).
6. FINALIST ROUND: Following the video conference interview, the judges will select up to six (6) Finalists based on a combination of the previous judging results and the following: 1. Semi-Finalist Candidate’s ability to articulate thoughts clearly; 2. Semi-Finalist Candidate’s ease of conversation and enthusiasm; and 3. Semi-Finalist Candidate’s ability to think quickly and formulate proper responses under pressure. Finalists will be offered the opportunity to participate in a 6-week Finalist Round at CPB in Boulder, CO. It is currently contemplated that the Finalist Round will take place from July 15 – August 23, 2019. Each Finalist will be required to complete a Non-Disclosure Agreement, Work-for-Hire Agreement and such other documents or agreements as determined by Sponsor (collectively, the "Finalist Round Documents"). Pending satisfactory completion of the Finalist Round Documents, the Finalist will be confirmed as a Finalist. The Finalist Round is unpaid and not eligible for college credit. Finalists will be provided housing for the duration of the Finalist Round along with a $1,000 stipend for food, beverage and miscellaneous expenses. Housing accommodations are double-occupancy; each Finalist will have his or her own private bedroom and a shared bath. Finalist is responsible for his or her transportation to and from Boulder, CO.
CONDUCT: Each Finalist shall conduct him or herself with due regard to the public conventions and morals. The Finalist shall not, while representing the Sponsor, commit an offense involving moral turpitude under Federal, state or local laws or ordinances. The Finalist shall not do or commit any act or thing that will tend to degrade the Sponsor in society or bring the Finalist and/or Sponsor into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Promotion Entities. Inappropriate conduct, as determined at the sole discretion of the Sponsor, may result in forfeiture and termination of participation in the Finalist Round.
7. OFFER: At the conclusion of the Finalist Round, one (1) Finalist will either be offered a six (6) month freelance employment contract with CPB or complimentary attendance at the Denver Ad School in either the Art Direction or Copywriting program for five (5) consecutive quarters as determined by Sponsor in its sole discretion. Additional Offer details and applicable agreements will be provided directly to the candidate. Offer is contingent on candidate’s successful completion of any/all documents required by Sponsor’s Human Resources department or the Denver Ad School, as applicable. The candidate will have forty-eight (48) hours to consider the Offer before it becomes invalid and an alternate candidate may be selected, if applicable.
8. GRANT OF RIGHTS: Each Submission will remain the property of the respective Participant who will have sole responsibility and liability for any claims related to such Submission. In consideration of a Submission being reviewed and evaluated for this Promotion, each Participant hereby grants to the Sponsor and its designees the irrevocable, royalty-free right to use, copy, transmit, distribute, adapt, modify, delete, the Submission solely for purposes of Promotion administration.
9. RIGHTS OF PROMOTION ENTITIES: Promotion Entities shall have the right and sole discretion to disqualify any Participant whom they find to be in violation of the provisions hereof, does not fully comply with all of Promotion Entities’ requirements in connection with any and all issues, or that it finds in its sole discretion to be otherwise objectionable for any reason. The Promotion Entities are not responsible for any materials provided by Participants which are deemed harmful or offensive to others or for any harm incurred as a result of participation in the Promotion. All statements and opinions made by Participant are those of such Participant only, and the Promotion Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.
10. CONDITIONS OF PARTICIPATION/RELEASES: By participating, Participants agree to be bound by these Terms and Conditions and the decisions of the Sponsor, which shall be final in all respects. Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Promotion and/or by participating in the Finalist Round or accepting any Offer that they may be awarded, Participants agree to release the Promotion Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance of participation in the Finalist Round or acceptance of the Offer. The Promotion Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, communications or releases, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Submission or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Promotion; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Promotion. Promotion Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion, and reserve the right, in their sole discretion, to cancel, modify or suspend the Promotion should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper participation of the Promotion. Sponsor may prohibit you from participating in the Promotion if, in its sole discretion, they determine you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair participation with the intent to annoy, abuse, threaten or harass any other Participants or Sponsor representatives.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Participant understands and acknowledges that the Promotion Entities have wide access to ideas, designs, and other materials and that new ideas are always being developed by their own employees, suppliers, and/or business partners. Each Participant also acknowledges that many ideas may be competitive with, similar or identical to an idea and/or each other in theme, format or other respects and agrees that he or she will not bring any action against Promotion Entities or any third parties, and will not be entitled to any compensation, as a result of any Promotion Entity’s or any third party’s use of any such similar or identical material. Each Participant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright, patent, trade secret, or other intellectual property rights in and to an idea and/or Submission. Nothing stated herein should be construed to create any kind partnership or joint venture with Promotion Entities.
12. INDEMNITY: Each Participant shall indemnify, defend and hold harmless the Promotion Entities from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Promotion; (b) a breach or allegation, which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance of an opportunity or offer, including without limitation, personal injury, death and property damage arising therefrom.
13. ARBITRATION AND GOVERNING LAW: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Colorado law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Participant’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This Promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Participant and the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof, and each Participant agrees that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall be subject to the jurisdiction and venue of the United States federal court located in Colorado or the state courts located in Boulder County, Colorado.