The Official Rules
NO PURCHASE IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Nomination Period. The 2021 D2L Excellence Awards (the “Awards”) nomination window begins on March 1, 2021 at 12:00 noon Eastern Time (“ET”) and ends on April 30, 2021 at 11:59PM ET (the “Nomination Period”).
Eligibility. The Awards are open to all organizations or institutions that use the Brightspace platform who have validly submitted a completed Nomination or to the faculty, staff or administrators of organizations or institutions that use the Brightspace platform and are over the age of majority in their country/state/province/territory of residence at the time of entry and who have validly submitted a completed Nomination; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of D2L Corporation or its affiliates (the “Sponsor”), members of the D2L partner network, prize suppliers and advertising/promotion agencies (collectively, the “Award Parties”). Nominations that go beyond the typical course offering are strongly encouraged. Void where prohibited.
HOW TO NOMINATE:
NO PURCHASE NECESSARY. To nominate yourself or your organization or institution, follow the on-screen instructions in completing the Official D2L Excellence Awards Nomination Form (the “Form”). Fully complete the Form with all required information, which requires you to: (i) enter your full name, complete mailing address (including postal / zip code), valid email address, telephone number and your organization or institution’s name along with your position at the organization or institution; and (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Once you have fully completed the Form with all required information, follow the on-screen instructions to enter your award submission (“Submission”). To be eligible, your Submission must be in accordance with the specific Submission Requirements listed below. Once you have entered your Submission, follow the on-screen instructions to submit your completed nomination (Form and Submission hereinafter collectively referred to as “Nomination”). Your Nomination may be rejected if (in the sole and absolute discretion of the Sponsor): (i) the Form is not fully completed with all required information and submitted and received during the Nomination Period; (ii) your Submission is not entered in accordance with these Rules; and/or (iii) your Submission is not in accordance with the specific Submission Requirements listed below. Use (or attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Awards is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Nominations (all of which are void).
All Nominations are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in the Awards. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Nomination in the Awards will be the Awards server machine(s).
BY SUBMITTING A NOMINATION, YOU AGREE THAT THE NOMINATION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR NOMINATION. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
By submitting a Nomination, each participant in the awards warrants and represents that his/her Submission:
- does not contain any statements which are untrue, incorrect or misleading as of the date the Nomination is submitted;
- is original to the nominee and that all necessary rights (including, without limitation, consent of any videographer, photographer or other contributor, if applicable) in and to the Submission have been obtained for purposes of the Nomination;
- does not violate any law, statute, ordinance or regulation;
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos not subject to fair use, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Submission must not contain any visible logos, trade-marks or other third party materials not subject to fair use unless the appropriate consents have been obtained — note: all identifiable third party products, trade-marks, brands and/or logos not subject to fair use for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Submission. Any Submission that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules will be subject to disqualification. Prior to accepting the Submission for consideration in the Awards, the Reviewer reserves the right, in its sole and absolute discretion, to edit or modify any Submission, or to request an entrant to modify, edit and/or re-submit his or her Submission, in order to ensure that the Submission complies with these Rules, or for any other reason.
By submitting a Nomination, you (to the greatest extent legally permissible): (i) grant to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your Submission, in whole or in part, for advertising or promoting the Awards, D2L product and services or for any other reason; (ii) waive all moral rights in and to your Submission in favor of the Sponsor; and (iii) agree to release and hold harmless the Award Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Submission. For greater certainty, the Reviewer reserves the right, in its sole and absolute discretion and at any time, to modify, edit or remove any Submission, or to request an entrant to modify or edit his or her Submission, for any reason.
There is a maximum of five (5) prizes available to be awarded, each consisting of the following: (i) one D2L Excellence Award Trophy (valued at approximately US$ 50); (ii) one D2L Swag Prize Pack (valued at approximately US$ 100); and (iii) two Fusion conference registrations for the next in-person Fusion (valued at approximately US$ 1,800.) Sponsor will not pay for travel, lodging, or meal costs for any individuals. (each a “Prize” and collectively “Prizes”).
Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (etc. – no other changes to this fifth paragraph)
Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Form. For US residents only: The value of the Prize may be taxable to winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Any resident of the 50 United States that wins $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS.
A panel of judges (the “Awards Judges”) appointed by the Sponsor will judge all eligible Nominations on the following criteria (see descriptions and examples at bottom of page):
- Quality of results achieved – 50% weight
- How Brightspace is being leveraged in the solution – 20% weight
- Quality of information provided about the solution – 20% weight
- Testimonials – 10% weight
Each Entry will be given a score (the “Score”) by the Awards Judges. Odds of being selected as the eligible winner of the Prize depend on the number and caliber of eligible Nominations received in accordance with these Rules during the Nomination Period. The eligible entrant associated with the top Nomination based on total Score (as determined by the Awards Judges, in their sole and absolute discretion) will be selected as the eligible winner of the Prize (subject to compliance with these Rules). In the event of a tie between two or more eligible Nominations based on total Score, a new panel of judges may be appointed by Sponsor to break the tie. Judging is scheduled to be completed on or about May 31, 2021 (the “Selection Date”), with winners contacted shortly thereafter. Confirmed award winners will be formally announced before August 31, 2021.
The Sponsor or its designated representative will make a minimum of three attempts to contact the nominees selected as finalists by telephone or email (using the information provided on the Form) within five business days of the Selection Date. If the selected nominees cannot be contacted within five business days of the Selection Date, or if there is a return of any notification as undeliverable, then the selected nominee will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible nominee based on the next highest Score in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such new eligible nominee).
BEFORE BEING DECLARED A CONFIRMED FINALIST, each selected nominee will be required to sign and return within five business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Releasees from any and all liability in connection with the Awards, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Awards and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet; (v) assigns all intellectual property, including copyright, in and to his/her Submission and waives his/her moral rights therein in favor of the Sponsor; and (vi) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Submission including, without limitation, any claim that his/her Submission infringes a proprietary interest of any third party. If a selected nominee: (a) fails to return the properly executed Awards documents within the specified time; and/or (b) cannot accept the Prize as awarded for any reason; then he/she may be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible nominee based on the next highest Score in accordance with these Rules.
All Nominations become the property of the Sponsor. The Awards are subject to all applicable federal, state, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of the Awards are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Nominations and/or nominees. By participating in the Awards, you agree to be legally bound by the terms and conditions of these Rules.
The Releasees will not be liable for: (i) any failure of the website; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Nomination to be received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Awards; and/or (v) any combination of the above.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend the Awards (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Awards as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Awards in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the Awards, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any nominee or Nomination with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Awards as contemplated in these Rules, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, to revoke or amend any Award in the event that Sponsor determines that any of the statements made in a Submission are untrue, incorrect or misleading as of the date the Nomination is submitted.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Awards-related materials, including, but not limited to: the Form, Website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
Winners List: To receive a list of winner(s), send a stamped, self-addressed envelope to: “D2L Excellence Awards 2021” Winner List, D2L c/o D2L Corporation, 151 Charles Street West, Suite 400, Kitchener, Ontario, Canada, N2G 1H6 or to: “D2L Excellence Awards 2021” Winner List, D2L c/o D2L Ltd., 210 W. Pennsylvania Avenue, Suite 400A, Towson, Maryland, 21204. Request for winner’s list must be received between May 1 and July 13, 2021.
Criteria Definitions and Examples:
Quality of results: The focus of this criterion is on the outcomes achieved; such as the improvement in efficiency, effectiveness, completion, satisfaction, or other measures important to the organization. Providing data that directly relates to the improvement of the outcomes is highly desirable.
Leveraging Brightspace: Describe the ways in which D2L products or services have been used in the achievement of the improved outcomes.
Information provided: The submission should include detailed descriptions of the project; including what, who, when, where, why, and how. It is also highly desirable to include information related to how your project could be replicated at other institutions.
Testimonials: You should provide two or more testimonials from people who have benefitted from your solution or project. Testimonials need not be lengthy, but the information provided in the testimonial should speak to the impact upon the author.