Heading Text

ANNUAL CLASSY AWARDS TERMS OF PARTICIPATION

Last Updated: 1/31/22

The Annual Classy Awards (“Classy Awards”) is only open to natural persons who are legal residents of the 50 United States and Washington, D.C. (excluding all territories and outlying areas), who are at least eighteen (18) years of age at the time of entry. This offer is void where prohibited by law. Classy, Inc. (together with its affiliated entities, "Sponsor"), a Delaware public benefit corporation located at 350 Tenth Ave, Floor 13, San Diego CA, 92101, is the official sponsor and administrator of the Classy Awards. By participating in the Classy Awards, in any form, you, as a Participant (as defined below), confirm that: (1) you have read, understand, and agree to these Annual Classy Awards Terms of Participation (these “Terms”), and (2) you are at least 18 years of age. No purchase or payment is necessary to participate, and it is not necessary that you or your organization is a client of Sponsor.

A. STATEMENT OF PURPOSE
The Classy Awards provides a platform for identifying and recognizing excellence in social innovation that seeks to address the social and environmental issues facing our world today.

B. DEFINITIONS
"Award Winners” means: (i) the ten (10) “Social Innovation” Award Winners; (ii) the single “People’s Choice” Award Winner; (iii) the single “Adapt & Overcome” Award Winner; and (iv) the single “Lifetime Achievement” Award Winner. 
The "Classy Awards Committee" means an internal panel of judges assembled by Sponsor to screen preliminary applications for completeness, evaluate the Nominees, select the top fifty (50) Finalists from the Nominees. 
The "Classy Awards Platform" means the web-based platform Sponsor has developed to collect all information in connection with applications for the Classy Awards, which includes, but is not limited to the forward-facing elements of the Classy Awards website, awards.classy.org. 
The "Classy Awards Program" means all aspects, and phases, of any kind or degree, of the Classy Awards, and all activity related thereto, from the point in time when submissions are first accepted through the period following the award show, including the Award Winners announcement, any interviews or other media or marketing stories or appearances, and when any prizes which may be offered are fully distributed.
“Finalists” means the top 50 Programs with the highest scores as determined by the Classy Awards Committee.
The "Leadership Council" means the panel of social sector leaders and executives assembled by Sponsor to judge the top 50 Finalists, determine the ten (10) Classy Awards “Social Innovation” Award Winners, and select the Classy Awards “Adapt & Overcome” Award Winner and the “Lifetime Achievement” Award Winner. 
A "Nomination Profile" means an organizational profile on the Classy Awards Platform intended to be filled out by a Nonprofit Organization.
"Nominees" mean those organizations that fully complete and submit a Nomination Profile, in accordance with all instructions provided, during the application period set forth at awards.classy.org.
A "Nonprofit Organization" means an entity with a 501(c)(3) status that has a substantial purpose of redressing one or more social problems through the implementation of one or more Programs. 
The "Organization Overview" refers to the portion of the Nomination Profile meant to capture relevant information about the Nonprofit Organization, including its mission, financial information, and leadership.
A "Participant" means anyone who accesses the Classy Awards Platform, including but not limited to, those who fill out a Nomination Profile, whether partially or completely.
A "Program" means an ongoing effort by a Nonprofit Organization to address a social problem which embraces a defined methodology or model for creating progress towards the alleviation or elimination of that social problem.
The "Program Section" refers to the portion of the Nomination Profile meant to capture relevant information on one or more Programs run by the Nonprofit Organization filling out that Nomination Profile.

C. ELIGIBILITY
In order to participate in the Classy Awards Program, a Participant must: (i) represent a Nonprofit Organization based in the United States, although Participant’s Programs may be implemented anywhere in the world; (ii) have 501(c)(3) status and provide a valid EIN number; (iii) have at least one year of measurable results; (iv) have a representative that is 18 years of age or older who is a resident of the 50 United States or Washington D.C.; (v) completely fill out the required inputs and submit a Nomination Profile in English and in accordance with all instructions by the nomination deadline set forth at awards.classy.org; and (vi) comply with all rules, restrictions, and processes laid out in these Terms. Online access and an email account are required in order to participate in the Classy Awards Program. Many public libraries, retail businesses, and other establishments offer free access to computers and a number of Internet service providers and other companies offer free email accounts.

D. PROCESS 
1. Application Period. Interested Participants must submit a completed Nomination Profile during the application period at awards.classy.org. Sponsor’s computer system is the official time-keeping device for the application period.
2. Program Section. Each Participant that begins a Nomination Profile must complete 100% of the required inputs within the Organization Overview and Program Section for each Program in which it wants to be eligible for a Classy Award in order to be considered as a Nominee.  Participants may provide information for up to five (5) different Programs in the Program Section. Each completely filled out Program will count as a submission for a Classy Award. However, a Nominee will not have more than one Program selected as a Classy Awards Finalist or as an Awards Winner.
3. Classy Awards Finalists. All Nominees will be given a numerical score by the Classy Awards Committee based on the judging criteria included below. The 50 Programs with the highest scores, as determined by the Classy Awards Committee in its sole discretion, will be announced as the Classy Awards Finalists on the date set forth at awards.classy.org. The Classy Awards Committee’s decisions shall be final and binding without any right of appeal.
4. Classy Awards Winners. The Leadership Council will, without reference to the earlier scores determined by the Classy Awards Committee, score the Classy Awards Finalists based on the judging criteria included below.  The Finalists with the top ten (10) aggregate numerical scores, as judged by the Leadership Council, as determined in its sole discretion, will be the “Social Innovation” Award Winners.  The Leadership Council’s decision shall be final and binding without any right of appeal.

In addition, the Classy Awards will also recognize the following Award Winners:
- The “Adapt & Overcome” Award Winner, which will be selected from the Classy Awards Finalists by the Leadership Council to honor a Nominee which has transformed the structure of their program to conquer an unexpected challenge, as determined by the Leadership Council in its sole discretion.
- The “People’s Choice” Award Winner, which will be voted on and selected by members of the public, who are natural persons residing in the 50 United States or Washington D.C. and are at least 18 years of age, from among the Classy Awards Finalists based on the Finalist profiles made available on awards.classy.org. Voting will occur on awards.classy.org during the dates stated on the site. Each eligible individual may cast only one vote for the “People’s Choice” Award Winner during the eligible voting period. Sponsor and the Classy Awards Committee will monitor for evidence of fraudulent voting or any other voting in violation of these Terms, including instances of multiple votes cast by the same individual using different email addresses or aliases and/or the use of bots or any other means to hack or otherwise fraudulently cast votes. The Classy Awards Committee in its sole discretion may determine if a winner is legitimate and/or may not award the prize at all.
- The “Lifetime Achievement” Award Winner, which will be granted to an individual selected by the Leadership Council as determined in its sole discretion, will be determined based on such individual’s strong and enduring commitment to serving and advancing the social sector. The “Lifetime Achievement” Award Winner may be required, in Sponsor’s sole discretion, to sign and submit an affidavit of eligibility/request for information, applicable tax forms, liability releases/waiver, and other relevant paperwork.

For each of these Award Winners (aside from “People’s Choice” Award Winner and “Lifetime Achievement” Award Winner), determination of the Award Winners will be made by the Leadership Council in its sole discretion and such decision will be final and binding without any right of appeal. The Classy Awards Winners will be announced digitally at awards.classy.org, on the dates found at awards.classy.org. 

5. Notification. Potential Award Winners will be notified at Sponsor’s sole option, by means of email or telephone. 

E. JUDGING CRITERIA

Members of the Leadership Council or the Classy Awards Committee (as specified above) will use a scorecard to judge Nominees based on the following four (4) factors. Each factor shall be weighted equally in determining the Finalists and “Social Innovation” Award Winners.

1. Scale, scope, and understanding of the problem. What is the scale of the problem that the Program is addressing? What is the significance of the change the Nominee’s Program is seeking to make? What level of expertise does the Nominee exhibit in its knowledge of the problem, its trending behaviors, and its contributing factors?
2. Innovative solution.How creative is the solution? To what extent is the solution differentiated from traditional approaches to this problem? Are there any unique activities, technologies, or collaborations that drive this approach?
3. Ability to solve the problem.Does the Program have a clearly defined strategy and future roadmap? Is there a model set up for long-term success? Has the Nominee’s Program established a strong foundation for future growth? Has the Nominee illustrated, through performance metrics and previous measurable results, that the Program is capable of eradicating or substantially alleviating the problem?
4. Organizational effectiveness, diversity and inclusion, and resource management.Are the Program’s goals in line with available resources? Does the Program have organizational strengths that stand out (e.g., strong mechanisms for continuous learning, partnerships that further leverage the organization's resources, etc.)? Does the Nominee strive to ensure a diverse and inclusive workplace?

F. TIES
During each round of judging, numerical scores will be awarded by the Classy Awards Committee and the Leadership Council (as applicable) based on the above judging criteria. In the event that two or more Programs are tied on numerical score, and the tie needs to be resolved in order to determine who will become either a Classy Awards Finalist or a Classy Awards Winner (as applicable), the tie will be resolved by a discussion period and subsequent vote held by the Classy Awards Committee. In the event of a persisting tie, continued rounds of discussion and subsequent votes will be held until the tie is broken. All decisions made by the Classy Awards Committee or the Leadership Council (as applicable) will be in their sole discretion and are final and binding without any right of appeal.

G. CONFLICTS OF INTEREST
All judges participating in the Classy Awards, whether members of the Classy Awards Committee or the Leadership Council, will be screened from (i) judging any Nonprofit Organizations they are employed by or affiliated with, or (ii) judging any Nonprofit Organizations that they identify being unable to objectively evaluate according to the designated judging criteria.

H. PRIZES
Prizes, in addition to recognition as a Classy Award Winner, may be offered, in Sponsor’s sole discretion, in connection with the Classy Awards. Any prizes offered will be prominently announced and displayed on the Classy Awards website, awards.classy.org. Participant expressly agrees that its participation is not conditioned upon the expectation or receipt of any prize.

I. EXPECTED PARTICIPATION
Sponsor expects approximately 500 nominations for the Classy Awards Program based on prior participation. The odds of being selected as an Award Winner will depend upon the strength of Participant’s Program submission(s), as determined by the Classy Awards Committee and the Leadership Council (as applicable) in their sole discretion, and the number of Programs submitted for each annual Classy Awards.

J. PARTICIPANT CONDUCT
Each Participant is responsible for complying fully with both the letter and spirit of all the provisions of these Terms. Failure to do so may result in disqualification from consideration for the Classy Awards and/or from participation in future Sponsor events and programs, as determined by Sponsor in its sole discretion.

All Participants are strictly prohibited from, in any degree, and in connection with any portion of the Classy Awards Program, engaging in the following conduct: (i) interfering, in any way, with the legitimate administration of the Classy Awards Program; (ii) employing any technological device in order to neutralize or evade security measures put in place by Sponsor to protect the integrity of the Classy Awards evaluation process; (iii) including false or misleading information in a submission or any other materials submitted in connection with the Classy Awards Program; (iv) violating any third party's rights, including intellectual property rights, in connection with a submission or participation in the Classy Awards Program; (v) engaging in conduct which raises material questions about the Participant's honesty, integrity, or character or which may subject the Classy Awards Program to disrepute by association; (vi) making false or materially misleading statements, or omissions, when asked to respond to a complaint or other inquiry from Sponsor; (vii) engaging in any act, course of conduct, or omission that Sponsor reasonably believes to be inconsistent with the spirit of the Classy Awards Program, or its fair administration; (viii) engaging in, or encouraging others to engage in, conduct that violates the law or another party's legal rights; (ix) discriminating against, disparaging or denigrating anyone on account of race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status, or mental or physical disability; (x) disparaging or denigrating a product, service, person, company or organization including, but not limited to, the Classy Parties (as defined below); (xi) making statements which contain profanity, are overtly sexual or violent, that suggest an intent to abuse or harm others, or that are otherwise gratuitous or offensive; or (xii) otherwise acting in a manner that reflects negatively on the Classy Awards Program or Sponsor.

Sponsor will, in its sole discretion, determine whether or not a Participant has violated one of foregoing rules or any other provision of these Terms.

K. ADDITIONAL TERMS

1. Continuing Eligibility. Sponsor reserves the right, throughout all phases of the Classy Awards Program evaluation process, to take any additional steps it deems reasonably necessary to ensure that each Participant meets the qualification standards set forth herein, has otherwise complied with these Terms, and is not engaged in any morally suspect activity. Participant agrees to comply with all such measures and understand that their continuing eligibility to participate in the Classy Awards Program (including the right to be recognized as an Award Winner or receive any prizes in connection therewith) is expressly conditioned on such compliance.
2. Additional Forms; Eligibility. If you, as a Participant, are selected as a potential Award Winner, you may be required, in Sponsor’s sole discretion, to sign and submit an affidavit of eligibility/request for information, applicable tax forms, liability releases/waiver, and other relevant paperwork. The completion of any such forms is a precondition of being recognized as an Award Winner and of receiving any prizes which may be offered in connection with the Classy Awards Program. 
   
   A Participant who is selected pursuant to the process set forth above is not considered an Award Winner unless and until the Participant’s eligibility has been verified by Sponsor and the Participant has been notified that verification has been completed. Non-compliance with the foregoing or with any of these Terms, the return to Sponsor of the forms described above as non-deliverable, or Sponsor’s inability to contact the potential Award Winner within one (1) week of its first attempt to notify will, in Sponsor’s sole discretion, result in disqualification of the potential Award Winner and, in Sponsor’s sole discretion, an alternate Award Winner may be selected by the applicable judges from the remaining eligible Nominees.
   
   In the event of a dispute over the identity of a potential Award Winner, the entry will be declared made by the authorized account holder of the email address submitted at the time of entry, and the potential Award Winner may be required to provide identification sufficient to show that such Participant is the authorized account holder of such email address. “Authorized account holder” is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

3. Intellectual Property License. By participating in the Classy Awards and by inputting information into a Nomination Profile, you, as a Participant, hereby grant Sponsor, its agents, affiliates, successors, assigns, licensees, sponsors, media partners, advertising agencies, and all persons or corporations acting with its permission as Sponsor may designate from time to time and each of the foregoing's respective affiliates, directors, officers, employees, contractors, representatives, agents, successors and assigns, (collectively, the “Classy Parties”) the unlimited, irrevocable, worldwide, perpetual, royalty free, sub-licensable (through multiple tiers) license to use, sale, commercialize, store, copy, transmit, reuse, publicly display, publish and/or re-publish, distribute, broadcast, edit, translate or otherwise disseminate in any manner or medium, now known or later developed, in whole or in part, for the purpose of illustrating, advertising, and promoting the Classy Awards, future and other events, and Sponsor’s business and its products and services or otherwise, (i) your name, likeness, Nonprofit Organization logo and name, biographical data, Nonprofit Organization social media sites/handles, and any and all video, photographic, or other images or recordings of you, and any statements made by you at or relating to the Classy Awards, including but not limited to all interviews, presentations, photos, and video footage without any further approval from you; and (ii) all materials (electronic or hard copy) submitted or presented by you in connection with the Classy Awards, which uses may include the public display of the Nomination Profile and any or all information submitted in connection therewith ((i) and (ii) are collectively referred to as “Materials”).  You understand you will not be compensated in any way for any of these uses or have any right to examine or approve these uses and agree to release the Classy Parties from all claims and liability relating to the use of the Materials.  You represent and warrant that you have the full right and authority to submit and license these Materials to the Classy Parties without requiring further approvals and without violating any other agreement or other third-party rights. The Classy Parties have the right to change, modify, or alter the Materials in any way without your prior permission, and you hereby waive any and all rights with respect to such changes, modifications, or alterations, and you release the Classy Parties from all liability related thereto. The foregoing permission and release shall inure to the benefit of the assigns, licensees, and legal representatives of the Classy Parties.
4. Limited License Grant to Award Winners. Following selection of the Award Winners and subject to compliance with these Terms by such Award Winners, Sponsor hereby grants to the Award Winners a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use (i) Sponsor’s name and logo and (ii) Classy provided marketing materials, including press releases, videos, blog templates, social media templates, and newsletter templates (clauses (i) and (ii) collectively, “Winner Marketing Materials”), for such Award Winner’s marketing materials and social media platforms; provided that: (A) such promotion and use of the Winner Marketing Materials must be solely in connection with the announcement and promotion of such Award Winner’s Organization; (B) such promotion and use of the Winner Marketing Materials must comply with the Participant Conduct rules set forth in these Terms; (C) the Winner Marketing Materials may not be modified, including but not limited to changes to the colors or branding of the Winner Marketing Materials without Sponsor’s prior written permission; and (D) any videos included in the Winner Marketing Materials may not be edited and must always be displayed in their full form. No other license, either express or implied, is granted to any Award Winner.  This license, including use of the Winner Marketing Materials may be revoked by Sponsor at any time if these Terms are breached.
5. Cancellation, Modification or Suspension. If, for any reason, the Classy Awards or any portion thereof is not capable of running, digitally or otherwise, as planned, including (but not limited to) because of: COVID-19, weather events, Acts of God, Internet failure, interruptions in service, computer virus, bugs, tampering, fraud, technical errors or failures, or any other cause, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Classy Awards or any portion thereof without liability of any kind to Participants.
6. Technical Problems. Sponsor assumes no responsibility for errors in transmission, interruptions in service, or other technical errors or delays, which could affect the Classy Awards Platform, and which may impact whether a completed submission is received by Sponsor. Interruptions or errors may arise from, among other things, high volumes of Internet traffic to the Classy Awards website, failures in the Participant's Internet service, unauthorized intervention by third parties, or other technological problems.
7. Tax Obligations. All tax obligations which may arise or relate to receipt of any cash or in-kind prizes which may be offered in connection with the Classy Awards are the sole responsibility of the Participant.  Any valuation of the prize(s) that is made available is based on available information provided to Sponsor.
8. Finality of Decisions. All decisions made by the judges of the Classy Awards are final and binding without any right of appeal.
9. Liability Release. By participating in the Classy Awards Program, or by accepting a prize in connection with the Classy Awards, you, as a Participant, agree to, personally and on behalf of your Nonprofit Organization, release the Classy Parties from all costs, expenses, liability, losses, or claims of any kind, whether known or unknown, which may arise from, or relate to, your participation, of any kind or degree, in any phase of the Classy Awards Program or from your use of any prize(s) received. This release shall be effective even if your loss or claim is caused by, or contributed to by, the negligence of one or more of the Classy Parties. In addition to the foregoing, you agree to waive any rights you may have under California civil code §1542 which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."
10. Indemnification. You, as a Participant, agree to defend, indemnify and hold harmless the Classy Parties for any costs, expenses, judgements, or liabilities, of any kind, and including reasonable attorney's fees, incurred as a result of third-party claims arising from, or relating to, (1) your acts or omissions, or (2) your breach of any of the rules, terms, warranties, or other provisions of these Terms.
11. Limitation on Liability. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL (a) THE CLASSY PARTIES BE LIABLE FOR ANY LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES, AND (b) THE LIABILITY OF THE CLASSY PARTIES FOR DIRECT DAMAGES UNDER THESE TERMS EXCEED $1,000. The Classy Parties do not exclude or limit their liability where it would be unlawful to do so.
12. No Warranties. Any prizes which may be offered in connection with the Classy Awards are provided "as is" and "with all faults" and without warranty of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose, or noninfringement.
13. Participant’s Own Opinion. Sponsor does not endorse any opinions, statements, or presentations made in any Nomination Profile by any Participants. These statements and Nomination Profiles solely reflect the opinion of the respective Participant.  Sponsor cannot be held liable or responsible for these statements or Nomination Profiles.
14. Third Party Beneficiaries. Each of the Classy Parties is expressly intended as a third-party beneficiary hereunder and each shall be fully entitled to enforce the liability provisions included herein for its protection.
15. Choice of Law and Jurisdiction. Recognizing that Sponsor is headquartered in San Diego, California, each Participant acknowledges and agrees that these Terms, though entered into over the Internet, are to be taken as having been executed in California. Each Participant agrees that any disputes arising out of, or related to, these Terms or the Classy Awards Program shall only be brought in a State or Federal court located in San Diego County, California, and each Participant hereby expressly and irrevocably consents to the jurisdiction and venue thereof. These Terms shall be governed by the laws of the State of California, without regard to conflicts of laws principles.
16. Severability. To the extent that any provision of these Terms or any paragraph, term, sentence, phrase, clause or word herein shall be found to be void, illegal or unenforceable for any reason (and not subject to further appeal), (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect, and (ii) the illegal, invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.