Heroes Program Official Rules

Build Fly Code Give
Heroes Program Offical Rules
Effective: 05/23/2024

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD (OR THE LOCAL AGE OF MAJORITY IN THE JURISDICTION WHERE THE PARTICIPANT RESIDES, IF HIGHER THAN 18).

VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Sponsor

FTW Robotics LLC, 7016 Motz Street, Paramount, California 90723 (“Sponsor”).

This Program is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Program. Any questions, comments or complaints regarding this Program should be directed to Sponsor and not to Instagram.

2. Eligibility

A nominee (“Hero Nominee”) for The Build Fly Code Give Heroes Program (the “Program”) must be (i) a STEM educator who teaches in an educational institution or other formal business entity (whether for-profit or non-profit) located in the United States (“Educator’s Company or Institution”), (ii) is a legal resident of the fifty (50) United States or the District of Columbia, and (iii) is eighteen (18) years of age or older (or the local age of majority in the jurisdiction where the participant resides, if higher than 18) at the time of entry. Void where prohibited or restricted by law.

The following individuals are not eligible to enter or win an Award: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Program (Sponsor, collectively with the foregoing, the “Program Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Program, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Program. This Program is subject to all applicable federal, state, and local laws and regulations.

3. Program Entry Period

The Program begins on May 29, 2024 at 05:00 PM EST and ends on September 8, 2024 at 11:59 PM PST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Program.

4. How to Nominate a Hero

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

To nominate a Hero Nominee:

During the Entry Period, complete and submit the nomination form found at ftw-robotics.com/hero-nomination.

You may nominate yourself or a third-party that fits the eligibility requirements set forth herein. By nominating a Hero Nominee, you represent and warrant that you have informed such party that you are nominating them for the Program and have received their permission to submit their personal information in connection with the Program and to have Sponsor reach out to such person in connection with the Program. You may not nominate more than one (1) Hero Nominee.

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the entry deadlines will be disqualified from the Program.

5. Representations and Warranties:

By submitting a nomination, you represent and warrant that your entry:

complies with all the requirements set forth in these Official Rules;
is your own original work of authorship or that you have all rights necessary to submit the entry material and to grant the rights to Sponsor to use your entry material as set forth in these Official Rules;
does not contain content that violates or infringes another’s rights, including but not limited to, privacy, publicity, copyright, trademark, trade secret, trade dress, patent, or intellectual property rights;
does not disparage Sponsor, any Program Party, or any other person or party affiliated with the promotion and administration of the Program;
does not contain material that is inappropriate, indecent, lewd, pornographic, obscene, profane, hateful, defamatory, slanderous or libelous, or that promotes violence, illegal conduct or animal cruelty, all as determined by Sponsor in its sole discretion; and
does not promote discrimination against or contempt for other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease, all as determined by Sponsor in its sole discretion.

At the sole discretion of Sponsor, Sponsor may disqualify any entry where the entrant breaches the above representations and warranties.

6. Judging Criteria; Winner Selection and Notification

All timely and eligible entries will be reviewed by a panel of judges who will evaluate each Hero Nominee entry according to the following criteria:

Hero Nominee’s Impact on their Community (e.g., the number of students and community members impacted by Hero Nominee; Hero Nominee’s ability to inspire students; positive changes Hero Nominee is driving). Hero Nominee’s professional work including any work outside the scope of a full-time position; the impact of work across multiple communities; will be considered. (40%)
The impact the Award would have on Hero Nominee’s students and community (e.g. lesson plans incorporating Award addressing some of the world’s biggest challenges; creative approach in incorporating Award into education of students; benefit the special needs of the community/students.) Past examples of work where Hero Nominee utilized a tool, environment or challenge to move their teaching beyond the “page”. Forward-thinking, experiential learning is exceptionally valuable as an indication Hero Nominee’s vision would be successful using the Build Fly Code platform. (40%)
How Hero Nominee empowers students to make a difference in the world, through creativity, dedication and commitment. (20%)

The three (3) Hero Nominees with the top judging scores will be named as the 2024 Heroes in the Build Fly Code Give Heroes Program (“Award Recipients”). Sponsor will attempt to notify the Award Recipients via email to the email address provided with Entry.

Each Award Recipient is subject to verification, including verification of age and residency. ADDITIONALLY, RECEIPT OF THE AWARD AND BEING NAMED AN AWARD RECIPIENT IS SUBJECT TO THE EDUCATOR’S COMPANY OR INSTITUTION BEING ABLE TO RECEIVE THE AWARD UNDER ALL APPLICABLE LAWS, RULES AND REGULATIONS, INCLUDING WITHOUT LIMITATION ANY GIFTING AND PROCUREMENT RULES AND REGULATIONS GOVERNING THE AWARD RECIPIENT AND/OR THE EDUCATOR’S COMPANY OR INSTITUTION (“APPLICABLE LAWS”). BY ACCEPTING THE AWARD, AWARD RECIPIENT REPRESENTS AND WARRANTS THAT THE AWARD RECIPIENT AND/OR APPLICABLE EDUCATOR’S COMPANY OR INSTITUTION IS ABLE TO RECEIVE THE AWARD UNDER ALL APPLICABLE LAWS. IN THE EVENT SUCH EDUCATOR’S COMPANY OR INSTITUTION IS INELIGIBLE TO RECEIVE THE AWARD, AWARD RECIPIENT WILL BE DISQUALIFIED AND FORFEIT ALL INTEREST IN THE AWARD.

Award Recipient may be required to execute and return an affidavit of eligibility and liability/publicity release (where legally permissible) and other documents required by Sponsor in a reasonable amount of time, as determined by Sponsor in its sole discretion.

If an Award Recipient (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first Award Recipient notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver the Award or confirm eligibility; or in order to comply with applicable tax laws) or timely execute and return any documents required by Sponsor, the Award Recipient will be disqualified and forfeit all interest in the Award. If the Award Recipient is disqualified, Sponsor reserves the right to select a substitute Award Recipient or not award the Award.

7. Awards and Award Claims

Each of the three (3) Award Recipient will receive the following for their Educator’s Company or Institution:

One (1) Hopper 12 Classroom Bundle (Approximate Retail Value (“ARV”): $5,450) (the “Award”)

The total ARV of all Awards offered in this Program is $16,350. All amounts are in United States dollars. Each Hero Nominee may only receive one (1) Award for their Educator’s Company or Institution in the Program.

The right to receive an Award cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. Each Award is subject to availability and if the Award cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the Award with one of comparable or greater retail value.

As a condition of receiving the Award, each Award Recipient must provide Sponsor with a valid mailing address for its Educator’s Company or Institution. Sponsor will pay for the cost of delivering the Award to such Educator’s Company or Institution within the United States. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. Sponsor is not responsible for any Awards that are lost, stolen, undeliverable, or returned.

THE WINNER AGREES TO ACCEPT THE PRIZES “AS IS”, AND ENTRANTS HEREBY ACKNOWLEDGE THAT PROGRAM PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANICAL CONDITIONS. SPONSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Use of the Award shall be subject to Sponsor’s standard user terms and conditions found https:/www.ftw-robotics.com/terms-of-service and Privacy Policy found at https://www.ftw-robotics.com/privacy-policy (“Privacy Policy”).

All federal, state, and local taxes, fees, and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on Awards are the sole responsibility of the Award Recipient and its Educator’s Company or Institution. Award Recipient agrees to provide Sponsor with any information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.

All costs and expenses associated with Award acceptance and use not specifically provided herein are the responsibility of the Award Recipient and its Educator’s Company or Institution.

Sponsor reserves the right to award less than three (3) Awards, if less than three (3) Hero Nominees are received.

8. Publicity

Except where prohibited by law, by accepting an Award, the Award Recipient hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the Award Recipient’s name and information about the Award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By accepting an Award, the Award Recipient represents and warrants that they have the right to grant the foregoing license.

Sponsor may require Award Recipient and Award Recipient’s Educator’s Company or Institution to execute a publicity release and any other documents Sponsor may require to advertise and market the Program and Award Recipient’s receipt of the Award.

9. Limitations of Liability of Program Parties

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND HERO NOMINEE, AGREE (I) THE PROGRAM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE PROGRAM OR (B) THE AWARD, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE PROGRAM ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE PROGRAM (IF ANY).

The Program Parties assume no liability and are not responsible for, and by entering the Program, you, on behalf of yourself and your Hero Nominee, hereby waive and release the Program Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Program and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Program, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Award Recipient notifications or other announcements or communications relating to the Program. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate Award claims are received than the number of Awards stated in these Official Rules, Sponsor reserves the right to award only three (3) Awards. In no event will more than the stated number of Awards (i.e., three (3) Awards) be awarded.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor may prohibit an entrant or Hero Nominee from participating in the Program or winning the Award if, in its sole discretion, it determines that said entrant or Hero Nominee is attempting to undermine the legitimate operation of the Program by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants, Hero Nominees, or any Program Parties.

For California Residents Only:

You hereby waive California Civil Code Section 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. Sponsor’s Reservation of Rights

If the Program is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Program.

11. Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants, Hero Nominees, and the Award Recipients, and the rights and obligations of the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

12. Privacy

Any personally identifiable information collected during an entrant’s or Hero Nominee’s participation in the Program will be collected and used by Sponsor and its designees for the administration and fulfillment of the Program and as otherwise described in these Official Rules and Sponsor’s Privacy Policy.

13. 2024 Hero List

For the names of the 2024 Heroes, send an email to heroes@ftw-robotics.com with “Build Fly Code Give Heroes Program – Request for Heroes List” in the subject line. Requests must be received no later than sixty (60) days after the end of the announcement of such Heroes.