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Official Program Guidelines | September 2011

 Empowering Innovation, Transformation & Growth for Erie County

Introduction
ECGRA UChoose Grants are an online grant program which makes available gaming proceeds to be granted to projects which are intended to improve Erie County, Pennsylvania through an online, participative voting process (“Grant Program”).  The Grant Program is open to non-profit organizations (see Section 1 below for more eligibility requirements) located in Erie County, Pennsylvania.

For good and valuable consideration (including, without limitation, the possibility of publicity using your name and application information), the receipt and sufficiency of which are hereby acknowledged, Participant (as defined below in Section 3) is submitting certain idea(s), design(s), concept(s), communication(s) and/or material(s) (the “Application”) for the benefit of the ECGRA UChoose Grant Program (the “Sponsor”) upon the following express understandings and conditions.

BEFORE YOU SUBMIT AN APPLICATION, READ THESE OFFICIAL APPLICATION GUIDELINES.  YOU MUST SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL APPLICATION GUIDELINES BY CLICKING THE CHECKBOX WHERE INDICATED.

BY PARTICIPATING IN THIS GRANT PROGRAM, YOU AGREE TO THE SPONSOR’S PRIVACY POLICY AND TERMS & CONDITIONS, AVAILABLE AT THE GRANT PROGRAM WEBSITE, AND THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS GRANT PROGRAM WILL BE SHARED WITH SPONSOR AND/OR ITS DESIGNATED AGENT(S) AND THAT YOU MAY BE CONTACTED BY THE SPONSOR AND/OR ITS DESIGNATED AGENT(S) IN CONNECTION WITH THE GRANT PROGRAM.  YOUR INFORMATION WILL NOT BE USED FOR MARKETING PURPOSES UNLESS YOU OPT-IN AT REGISTRATION. 

1. Eligibility.  The Grant Program is open to nonprofits that are a 501c3 and headquartered in Erie County, Pennsylvania.  You can register as either a Participant (see Section 3 below) and as a Voter (see Rule 5 below).  Participating non-profit organizations must be an existing 501(c)(3) organization at the time of registration for the Grant Program.

Employees, Board members and volunteers of ECGRA and immediate family members of such employees (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) (each a “Grant Program Party”) are eligible to participate but must do so on behalf of an organization and they will be required to divulge their relationship with ECGRA. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual and any or all of his/her Application(s) and/or votes deemed in Sponsor’s sole and absolute discretion to be (a) tampering or attempting to tamper with the entry or voting process or the operation of the Grant Program or any Sponsor website; (b) violating the Official Application Guidelines; (c) violating the terms of service, conditions of use and/or general rules; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass any other person or act fraudulently in any manner.  Sponsor also reserves the right to cancel any Grant Agreement and to take any further action it desires if Sponsor determines, in their sole discretion, that Participant engaged or participated in any fraudulent activity (for example, scheme designed to exploit weaknesses in technology or result in fraudulent votes) at any time during the Grant Program Period or during the subsequent Grant Agreement period. 

2.Grant Program Period.  The opportunity to participate in the Grant Program begins 12:00:01 p.m. (Noon) ET on October 10, 2011 (the first date/time you can submit an Application) and ends 11:59:59 p.m. ET on January 11, 2011 (the last time you can vote on an Application) (the “Grant Program Period”).  During the Grant Program Period, there will be an Application Period at which time Applications can be submitted followed by a voting period during which Applications submitted during the prior Application Period will be voted on. 

APPLICATION ENTRY TABLE
This pertains to the Pilot Project ONLY:

Due to the size of some Applications, which may be large and require a significant amount of time to upload depending on the Participant’s service provider as well as the potential volume of other Participants, the time to upload may take longer than anticipated by the Participant.  It is recommended that the above be taken into consideration when a Participant is planning to upload their Application as an Application must be fully uploaded by the end of the applicable Application Period to be eligible for consideration for posting for voting for such Application Period.

3. How to Apply for a Grant.  During the Grant Program Period, Participants and Voters should go to the Website and follow the directions to register a new user profile or update an existing profile (“Profile”).  If you are a Grant Program Party (as defined above in Section 1), then you must identify yourself as such in your Profile.  Limit one (1) Profile per person/email address/ name/address/household.  Duplicate Profiles may result in both Profiles being disqualified for the Grant Program and the Applications and/or Votes associated with the duplicate Profiles will be rejected and/or removed from the Website.  Limit one (1) Application per Organization during the Grant Program Period.  During any Application Period, duplicate Applications for the same idea for the same organization or same purpose (even if submitted by unique individuals) may result in both Applications being rejected from the Website - - by way of example and not by way of limitation, if two or more Participants submit an Application for the same local community organization, those Applications may be rejected.  Likewise if two or more Participants from the same geographic area submit an Application to clean up their local beach, the first to apply for project will be accepted, the second will be viewed as a duplicate idea and thatApplication will be rejected.  In this circumstance, organizations will be encouraged to work together.  It is recommended that Participants seeking to submit an Application on behalf of an organization coordinate their submissions to make sure duplicate Applications for the same idea for the same organization are not submitted.  Once you have registered or updated your Profile, you (“Participant”) will be able to save and submit an Application for a Grant, which must be in written form and may also contain a video (a maximum of 1 minute) and/or photographs (a maximum of five (5) photographs including one (1) required photograph which you must designate as your Profile photograph) (an “Application”).  A video is not required for your Application.  To be eligible for consideration for posting for voting, an Application must be submitted through the Website by the end of the respective Application Period, comply with these Official Application Guidelines, including but not limited to those guidelines set forth in Section 8 below, and must include at least the following:

• a description of your project idea including budget detail;
• the level of grant money you are applying for to carry out your project idea (the “Grant Levels”) (see Website for a list of Grant Levels); and
• identify if you are an individual submitting an Application on behalf of an existing 501(c)(3) non-profit organization (must be an existing 501(c)(3) organization at the time of registration for the Grant Program).

Participants will be notified by e-mail at the e-mail address provided in their Profile, advising them if their Submission is eligible for the Moderation Stage (as defined below); and subsequently on or about the beginning of the respective Voting Period (see Application Entry Table above) Participants will be notified by the same email process whether their Application is being posted for voting or if their Application was rejected during the Moderation Stage. 

Participants can create or update their Profile at any time during the Grant Program Period.  During the Moderation Stage, Sponsor and/or its designated representatives will review each Eligible Selected Application to determine if it meets the Grant Program Guidelines (the “Moderation Stage”).  If the Eligible Selected Application meets the Grant Program Guidelines, it will be posted for Voting in accordance with the timing listed in the Application Entry Table above.  If an Application Period has closed, Participants may still save an Application to their Profile for submission into the next Application Period, but such Application cannot be submitted until the following Application Period.  NOTE:  saving an Application to your Profile does not constitute submitting the Application. Applications that are saved and not submitted during an Application Period will not be automatically submitted into subsequent Application Periods.  Rather, Participants will have to log into their Profile and manually submit the Application in the next or a subsequent Application Period before the end of the then-current Application Period.  Once you submit your Application, you will not be able to make changes to your Application without deleting your Application in its entirety.  If, at any time, you delete your Application, your Application is void and you will be required to attempt to resubmit your Application. 
Each Application Period is followed by a Voting Period corresponding to such Application Period.  At the end of each Voting Period, it is anticipated that Sponsor will award three (3) Grants to  Participants for such Application Period (as defined below in Section 4) (each such Participant will be deemed an “Eligible Grant Recipient”).  At the conclusion of each Application Period, all remaining accepted Applications not attributable to an Eligible Grant Recipient will be marked as inactive and the Participants whose Application has been marked inactive will receive an e-mail advising them of this status and may visit the Website and delete their Application or attempt to re-submit it in the next Application Period (if applicable).  If an Application is not deleted, it will remain inactive, it will not be eligible to participate in the random drawing for any subsequent Application Period for the chance to be selected as an Eligible Selected Application and the Participant will not be able to submit a new Application until the existing Application has been deleted.

All Applications, including but not limited to, designs, ideas, concepts and communications, shall be owned solely by Participant who shall have sole liability for all third party claims relating to or regarding the content of their Application.  All Applications will be reviewed for compliance with these Official Application Guidelines before being posted to the Website for voting as set forth in the Application Entry Table above; however, such review does not relieve Participant from responsibility for compliance with these Official Application Guidelines. Participants and Applications that do not comply with these Official Application Guidelines or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in its sole and absolute discretion, may be disqualified at any time and will then not be posted for voting for the applicable Voting Period.  Sponsor (and/or its designated agent(s)), in its sole and absolute discretion, makes the final determination as to which Participants and Applications are accepted and are eligible to take part in this Grant Program and be considered for inclusion as an Eligible Selected Application, for inclusion in the Voting Period, on the Website and/or be eligible to receive a Grant.  From time to time during the Grant Program Period, Sponsor may, in its sole and absolute discretion, choose to feature certain recent Participants and Applications on the Website and/or in advertising materials.  Being featured on the Website and/or in advertising materials in no way impacts the likelihood of success of the Participant becoming an Eligible Grant Recipient in the Grant Program nor does the inclusion of the Application on the Website and/or in advertising materials indicate that Sponsor deems the Application to be a good example of an Application, nor does it indicate Sponsor’s preference for/endorsement of the Application and/or the subject matter of the Application.

4.Grants Available. During each Application Period, there are three (3) grants available to be awarded (each a “Grant”) for a total of up to $30,000 in accordance with the following table (the “Grant Table”).

GRANT TABLE

If during any Application Period, there is an insufficient number of Applications posted for Voting for any Grant Level, the number of Grants awarded will be reduced accordingly.

5.Voting.  Each Application Period is followed by a Voting Period.  Individuals who are only interested in registering on the Website in order to vote (as defined below) will be required to meet the Eligibility Requirements listed above in Section 1 and will be required to follow the directions on the Website to register as a Voter. An individual can register on the Website as both a Participant and a Voter.  During the Voting Periods listed in the Application Entry Table above in Section 2, an individual who has registered on the Website to vote for the Applications they think should receive Grants (“Voter”) will be allowed one (1) vote (each a “Vote”) per Voter per day during each Voting Period.  For purposes of voting, a “day” shall be defined as the 24-hour period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET.  Limit one (1) registration per person/email address/name/address/household regardless whether you are registering as a Voter or as a Participant.  At the end of each day of a Voting Period, an un-used Vote will become void and will not roll over to the next day.

An individual can register on the Website as both a Participant and a Voter.  If Sponsor determines, in its sole and absolute discretion, that any Participant or Voter has not complied with these Official Application Guidelines in any way, for example, (i) use of proxy voting, (ii) by registering more than one (1) time on the Website and/or using multiple e-mail or dummy email addresses, (iii) offering any type of compensation or agreeing to compensate (monetarily or otherwise) any third party, in exchange for a Vote in any manner, or (iv) other fraudulent means in an attempt to cast more than the one (1) Vote allotted per day of each Voting Period or to allocate more than one (1) Vote per day to the same Application, then Sponsor reserves the right to cancel that Voter’s or Participant’s account, disqualify all their Votes and/or disqualify any Application that they have submitted and disallow any further participation by such individual in the Grant Program.

Sponsor may allow various off-site methods of voting for an Application, including but not limited to mobile, widgets, media (by way of example and not by way of limitation, voting through a cell phone).  Sponsor recommends that before a Voter or Participant chooses an Application to vote on, they visit the Website and review the Profile of the Participant for that Application to get more information about the Participant and their Application. 

Once each Voting Period has ended, the respective Participants responsible for the appropriate number of Applications in each Grant Level with the highest number of Votes will each be deemed an Eligible Grant Recipient.  If there is a tie among the Applications in a particular Grant Level after a Voting Period has ended, Sponsor (and/or its designated agent), in its sole and absolute discretion, will review the tied Applications and will break the tie based on the Application that first in time received the highest number of Votes during the Voting Period.  It is possible that two or more Participants will submit Applications which may contain similar/the same idea for a Grant.  If both Participants submit Applications which contain the same idea for the same organization, the application submitted first will stand.  Notwithstanding this, Eligible Grant Recipients will be determined solely by the number of Votes cast for each Application as set forth herein.  Sponsor is under no obligation to review or consider the similarity of other Applications in determining whether or not to accept an Application.  Sponsor’s decisions, in its sole and absolute discretion, are final and binding in all matters relating to the Grant Program. 

If a Participant’s Application receives the highest number of Votes in the applicable Grant Level, Participant will become an Eligible Grant Recipient for the Grant amount specified in his/her Application.

All Eligible Grant Recipients will be required to complete a Grant award acceptance package (“Grant Agreement”) (see Section 14 below for more information on the Grant Agreement), which, among other things, will require the Eligible Grant Recipient to coordinate with Grant Administration Agent (as defined in Section 13b below) who will be solely responsible for dispensing the Grant to the Eligible Grant Recipient in accordance with the Grant Agreement (as defined in Section 14 below).  No substitution of a Grant is offered, except at the sole and absolute discretion of the Sponsor.  The Grants are non-transferable.  If there are an insufficient number of accepted Applications for a particular Grant Level for a particular Application Period, then the number of Grants awarded for that Grant Level for that Application Period would be reduced to include only those Applications which are accepted under these Official Application Guidelines to receive a Grant.

6. Taxes. There may be some tax implications for Grant Recipient.  Sponsor recommends that Participants review their Application with their legal/tax advisor to determine their potential tax liability, if any, in connection with receiving a Grant as part of this Grant Program.  If there is any tax liability, it will be the sole responsibility of Grant Recipient.

7. Application Content Guidelines.

a. Applications MUST:

• be in English;
• have one (1) photo as the profile photo
• be received in accordance with the Application Entry Table in Section 2 above; 
• describe a project to be carried out for charitable, community or educational purposes;
• describe a project to take place within Erie County, Pennsylvania;
• describe a project that is capable of being completed within 12 months from the first date of funds disbursement; and
• provide a level of detail sufficient to show each of the specific activities to be carried out by the Participant and others, if any, necessary to achieve the principal goal(s) of the project.

Applications CANNOT to any degree:

• suggest legalization of any illegal drugs/activity, prostitution or pornography or other illegal activities or goods;
• challenge, lobby for or seek to change current laws, enact any new laws or overthrow of any government;
• be inconsistent with these Official Application Guidelines;
• suggest or encourage the taking up of arms against any person, government or entity;
• discriminate against, disparage or denigrate any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability;
• disparage or denigrate a product, service, person, company or organization including, but not limited to, Sponsor;
• encourage the cessation of or act to negatively impact a business or enterprise;
• promote alcohol, illegal drugs or activity, tobacco, firearms/weapons, prostitution or pornography;
• contain any profanities, be overtly sexual, suggest an intent to abuse or suggestions of violence;
• contain photos or videos which have images of violence, drugs, pornography, or other illegal activities or goods;
• involve religious advocacy, proselytizing – acts and intentions to advance a religious denomination or expand membership or encourage conversion;
• involve activities by a religious organization whose purpose is only to provide services/goods/benefits to their congregation rather than all members of their community;
• involve political advocacy – acts and intentions to advance a particular political party, candidate and/or cause or to support lobbying for any particular party, candidate and/or cause, or to expand membership or to encourage membership for a particular political party, candidate or lobbying effort;
• involve furtherance or expansion of a particular political policy or agenda or social policy or agenda with legislative implication;
• describe a project that directly or principally benefits the Participant or any other specific individual (as opposed to the identified community as a whole);
• describe a project whose purpose (solely or partially) is to re-grant potential Grant funds to another individual or organization(s).  By way of example, if the purpose of Applicant’s Submission is solely or partially to transfer potential Grant funds to a third party individual or organization, such transfer of funds must be linked to a specific initiative or project of that third party individual or organization, which must be outlined in the Applicant’s Submission and abide by the other terms and conditions set forth herein;
• feature or reference any third party commercial products and/or company trademarks, logos, brands or endorsements (including but not limited to third party logos on street scenes, panoramic views, vehicle license plates, clothing such as  t-shirts, hats, etc.) without permission in any manner which Sponsor deems may violate the rights of a third party (note: an Application may contain the name and trademark of an organization to be benefited by the Grant (provided prior permission has been obtained);
• use individuals’ names in whole or in part (including the Participant’s last name) without permission;
• contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead without permission in any manner which Sponsor deems may violate the rights of a third party;
• contain any copyrighted works in any manner which Sponsor deems may violate the rights of a third party (other than those owned by the Participant or any registered member of the group or those used with permission); 
• request funding to obtain a 501(c)(3) status;
• involve any type of medical research, procedure or alternate medical treatments or therapies for either humans or animals;
• involve any type of medical research, procedure or alternate medical treatment or therapies developed through the use of animals or testing upon animals for safety, efficacy, etc.;
• support organizations that raise funds specifically to support medical research; and
• be a duplicate idea for the same organization or project for the same Application Period.

8. Additional Requirements for Photograph(s) and Video Content of Application (if applicable).

• A video must reside in your YouTube account and comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines and Terms of Service;
• Be in English;
• Be clear, in focus and audible;
• Not be marked “private” or “taken down” during moderation period;
• Be appropriate to the theme of the Application;
• Be the property of the Participant;
• Clearly state the objectives of the Application;
• Promote or benefit charity, community or educational purposes;
• Have written permission from all individuals identifiable in the photograph(s) and/or video (as determined by Sponsor) – if an individual in the photograph(s) and/or video is under the age of majority in their state of residence, written permission must be from the individual’s parent or legal guardian;
• A video must be less than one (1) minute in length; and
• Photographs must be less than 1 MB each. Total number of photographs cannot exceed five (5) photographs (including the one (1) required photograph in your Profile).

9. Additional Requirements for Applications.

• Once submitted, an Application will not be returned.  Sponsor may, in its sole and absolute discretion, reject, refuse, remove, delete and/or disqualify or disallow any Application Sponsor, in its sole and absolute discretion, deems inappropriate or otherwise non-compliant with these Official Application Guidelines.  Sponsor reserves the right to waive the requirements set forth herein in its reasonable discretion.
• If any group of individuals elects to collaborate on an Application, they are required to designate one (1) person/organization as the Participant and the submitter of the Application in the Grant Program, and such person/organization shall agree to these Official Application Guidelines on behalf of the group of individuals.  Sponsor is not responsible or liable for any disputes between collaborators arising under or related to the Grant Program.    
• If any organization desires to submit an Application, it must designate one (1) individual as the Participant to submit the Application.  If a Participant is submitting an Application on behalf of an organization, the Participant must disclose this fact in its Application.  If the Participant acting on behalf of an organization is selected as an Eligible Grant Recipient, the Participant will be required to submit written documentation that the organization (a) authorizes submission of the Application by Participant; (b) authorizes Participant to administer the Grant funds; and (c) agrees to these Official Application Guidelines.  Sponsor, in its sole and absolute discretion, will decide if written documentation provided is sufficient, and may at its sole and absolute discretion, request additional documentation from Participant or organization.  Sponsor is not responsible or liable for any disputes between Participants and organizations arising under or related to the Grant Program.
• If your Application is rejected for any reason, you may edit the Application from your Profile page, and then resubmit the Application within the applicable Application Period, or future Application Periods (if any) with the understanding that re-submission of the Application will be subject to the timing limitations set forth herein.  If you wish to revise your Application, you will be required to delete your Application during the applicable Application Period, edit your Application from your Profile page, and then attempt to resubmit the Application within the applicable Application Period, or future Application Periods (if any), with the understanding that re-submission of the Application will be subject to the timing limitations set forth herein. 
• An Application or any work product developed utilizing Grant funds cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate.
• If Sponsor, at any time during the Grant Program Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in a Participant’s Application, Sponsor, in its sole and absolute discretion, reserves the right to remove such Application from the Website and disqualify the Application without prior notice to Participant.
• All Eligible Grant Recipients (in the case of a Participant who is under the age of majority in their state of legal residence, their parent or legal guardian) must be financially stable, and not-for-profit organizations will need to submit proof of sound financial management and solvency.  All Eligible Grant Recipients will be required to complete additional documentation in order to receive Grant funds. (See Section 13 below)

10.Technical Requirements
Will develop and support on the following browser/platform combinations:

• Firefox 3.0
• Firefox 3.5
• IE 8
• IE 7
• IE 6 (limited support where items such as carousels are not enabled)
• Safari 4

NOTE:  Current and future browser releases may lead to less than desirable experiences with the site and some browsers are not recommended:  Examples include Google Chrome (all versions), Firefox 3.6.

11. Grant of Rights to Sponsor.
By submitting an Application, Participant hereby agrees that:

a. In consideration of entering an Application in the Grant Program, Participant, on behalf of themselves, their group/organization (if applicable), their heirs, executors, administrators and assigns, hereby assigns to Sponsor an irrevocable non-exclusive, sub-licensable, perpetual, royalty-free, worldwide license and right to broadcast, publicly display, exhibit and/or otherwise use the Application and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised.  At all times, the Application shall remain the property of Participant.  Notwithstanding the foregoing, Sponsor will have the exclusive right to make and/or use unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the foregoing, Sponsor will have the right to use the Application, and any portion thereof, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose in relation to the ECGRA UChoose Grant Program. Participant also irrevocably grants Sponsor, where not prohibited by law, an irrevocable, perpetual, worldwide, royalty-free license to the right to use Participant’s name, voice, likeness and biographical material, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose related to the Application and/or Grant Program or in any other way Sponsor deems appropriate.  

b. Participant acknowledges that they have no right of approval or consultation with respect to Sponsor's use of the Application.  Sponsor will not be responsible for the return or preservation of the Application. Sponsor shall use its sole and absolute discretion in determining the extent and manner of the use of the Application, and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on Sponsor’s website or as Sponsor may choose to use any Application or part thereof. Participant further agrees that the Application is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created.  

c. APPLICATIONS POSTED TO THIS WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE RESPECTIVE PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.  Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation in favor of Participants. 

12.Grant Program Terms of Application. As conditions of entry into this Grant Program and by uploading an Application, each Participant represents and warrants that:

a. their entire Application: (i) is wholly original; (ii) has been legally obtained and/or created; (iii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (iv) the Application has not previously received a Lead Asset Grant from ECGRA; (v) they have not granted or transferred any rights in or to the Application to any third party prior to the date of submission; (vi) Participant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way; (vii) Participant acknowledges that, if applicable, they have secured written permission from all individuals identifiable in their photograph(s) and/or video included with their Application and further that such permission is extended to Sponsor for Sponsor’s use as set forth herein and in any manner it deems appropriate; and (viii) the Application conforms to and complies with all of the Application requirements and rules set forth herein.  

b. by submitting an Application, Participant agrees to indemnify and hold harmless the grant administration agent as designated by Sponsor (“Grant Administration Agent”), its suppliers, printers, distributors and advertising, promotion and judging agencies and each of their designated agents, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees (“ReleasedParties”), from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees and costs) which arise out of any breach of these Official Application Guidelines.

13. Grant Agreement. The Grant Agreement will be as determined by Sponsor and Grant Administration Agent, in their sole and absolute discretion, and will require that potential Grant Recipients certify that implementing the project contained in their Application will be in compliance with all laws, rules, regulations, statutes, Executive Orders, and regulations restricting or prohibiting U.S. persons from engaging in transactions and dealings with countries, entities, or individuals subject to economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control.  In addition to submitting a signed Grant Agreement, the following documents will be requested. 

NON-PROFIT ORGANIZATIONS (NOTE:  In order to be eligible for this designation, the entity must have their 501(c)(3) designation from the IRS at the time of registration for this Grant Program) - Eligible Grant Recipients who submitted an Application as a “non-profit organization” will need to submit the following:

1. A copy of latest 990 Form (or audited financials if you have not yet filed a 990), and if not contained in the latest 990 Form;
2. A copy of your 501(c )3 Determination Letter;
3. List of Staff and Board Members.  The list should be ONLY names (not titles) of Staff and Board Members and would need to be submitted in a typed .txt file which can be created in Notepad on your computer;
4. A detailed line item budget for the project;
5. Details about the proposed project activities;
6. A project plan with proposed reporting milestones; and
7. A letter of reference from an independent third party (board, staff, or family member is not appropriate) who knows your organization well and has been in a position to evaluate your work (partner, supplier, client, trade association official, etc.) attesting to their relationship with you and why they feel you are qualified to carry out the idea.

The Grant Administration Agent, in its sole and absolute discretion, may request additional information other than as provided above in accordance with its standard practices and policies, and will make decisions on how and when the Grant (or any portion thereof) is to be released to the Eligible Grant Recipient and which milestones need to be met before further portions of the Grant will be released to the Eligible Grant Recipient.

Applicants acknowledge that Sponsor, or its Grant Administration Agent, may use commercially available tools and databases to conduct background checks and validate Eligible Grant Recipients’ ability to implement the idea described in their Application,

An Eligible Grant Recipient (as defined in Section 3 above), and in the event an organization is the Eligible Grant Recipient, a person with signatory authority for such organization, will complete, sign and return within ten (10) days a Grant Agreement which will be issued by the Grant Administration Agent and which contains the terms and conditions for the awarding of the Grant as set forth in more detail in this Section.  The Grant Agreement will be sent by e-mail to the e-mail address provided when Participant created and/or updated their Profile.  If the Grant Agreement and any required documents are not returned within the required ten (10) days, or if any mail is returned to Sponsor as undeliverable mail without a forwarding address, the Grant may be forfeited in Sponsor's sole and absolute discretion, and neither Sponsor nor the Grant Administration Agent will have any further responsibility to Participant in connection with this Grant Program. 

If the Eligible Grant Recipient is a minor in their state of legal residence, then their parent or legal guardian will need to agree to assume all liability and responsibility as the Eligible Grant Recipient, which includes but is not limited to signing all required documents in connection with receiving a Grant and taking responsibility for the performance of the idea submitted in the Application.  If the Eligible Grant Recipient (or their parent/legal guardian) is unwilling or unable to sign such Grant Agreement, the Grant Administration Agent will advise Sponsor and Sponsor will void the Eligible Grant Recipient’s eligibility as an Eligible Grant Recipient, and neither Sponsor nor Grant Administration Agent will have any further obligation to the Eligible Grant Recipient or to otherwise award the corresponding Grant.  If Eligible Grant Recipient is unwilling or unable to provide Grant Administration Agent with the agreed upon records, proof and other agreed upon items that they have met the milestones set forth in the Grant Agreement or if Grant Administration Agent determines that the Eligible Grant Recipient is in breach of the Grant Agreement, in its sole and absolute discretion, no further funds from the Grant will be provided to the Eligible Grant Recipient and neither Sponsor nor the Grant Administration Agent will have any further obligation to the Eligible Grant Recipient.  If Grant Administration Agent determines, in its sole and absolute discretion, that the Eligible Grant Recipient has misused the Grant, the Grant Administration Agent will determine, in its sole and absolute discretion, not only to not provide further funds from the Grant but will also report to the IRS the amount of funds provided to Participant and the IRS may deem those funds as taxable income to the Participant.   Sponsor reserves the right to cancel any Grant Agreement and to take any further action it desires, including demanding the return of any Grant funds distributed, if Sponsor determines, in its sole discretion, that Participant engaged in or supported any fraudulent or unsportsmanlike activity at any time during the Grant Program Period or during the subsequent Grant Agreement period.
 
14.Limitations on Liabilities; Remedies. By submitting an Application, Participant agrees that:

a. any and all disputes, claims and causes of action arising out of or connected with their Application, the Grant Program and/or any Grant will be resolved individually, without resort to any form of class action;

b. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;

c. under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;

d. they irrevocably waive any right to seek injunctive or equitable relief; and

e. they release and hold harmless Released Parties (as defined in Section 13b above) from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Participant as contained in any Application or otherwise.

15. General Conditions.  All Participants and Voters must be registered on the Website.  The name of the person/organization submitting the Application must be the name of the person/organization who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, entry may be deemed void.  In the event of dispute over the identity of a Participant, an Application will be declared made by the authorized registered user of the Website through which the Application was entered and potential Eligible Grant Recipient may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.  It is the sole responsibility of the Participant to notify the Sponsor in writing if the Participant changes his or her e-mail or postal address during the Grant Program Period.  To do so, click on the “Update Your Profile” link on the Website, and follow the instructions on how to update your Profile.  Upon completion of the Voting Period, the Eligible Grant Recipient will be notified by phone and/or e-mail at the phone number and/or e-mail address provided on their registration and will be required to complete, sign and return a Grant Agreement and, where lawful, a publicity release within ten (10) days of its receipt or Grant will be forfeited.  If the Grant Agreement or any mail is returned as undeliverable without a forwarding address, then the Participant may forfeit their Grant.  

If for any reason the Grant Program is not capable of being administered as planned, including without limitation, lack of sufficient number of Participants and/or consumer vote to support the continuing of the Grant Program, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Grant Program, or for any reason Sponsor deems, in its sole and absolute discretion, that the Grant Program is not meeting the expected goals, Sponsor reserves the right, in its sole and absolute discretion to cancel, modify or terminate the Grant Program.  Further, Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual, any or all of his/her Application(s) and/or votes deemed to be (a) tampering or attempting to tamper with the entry process, the voting process, the operation of the Grant Program or any Sponsor website; (b) violating the Official Application Guidelines; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, or with the intent to go against or disrupt the integrity/spirit of the Grant Program.  Sponsor reserves the right, in its sole and absolute discretion, to require an Eligible Grant Recipient to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Grant Program will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor, its agents or the Grant Program as determined by Sponsor in its sole and absolute discretion. 

16. Miscellaneous. These Official Application Guidelines and their performance will be binding on Participant, Voters and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Official Application Guidelines and this Grant Program will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules. By submitting an Application, Participants consent to the jurisdiction and venue of the federal, state and local courts located in Erie, Pennsylvania.  Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless: (a) obtain injunctive or other equitable relief from a court to enforce the provisions of these Official Application Guidelines; and/or (b) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights.  These Official Application Guidelines will not be assignable by Participant. Sponsor, its bottlers, designated agents and their respective parents, successors and assigns, will have the unlimited right to assign these Official Application Guidelines and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor’s rights as set forth in these Official Application Guidelines, and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same). 

17. Sponsor. Erie County Gaming Revenue Authority (ECGRA); 5240 Knowledge Parkway, Suite A, Erie, PA 16510.