Official Rules

 

A COMMUNITY THRIVES CHALLENGE

OFFICIAL RULES

The A Community Thrives Challenge (the “ACT Challenge”) begins on June 1, 2022 at 12:00 noon Eastern Time (“ET”) and ends on August 12, 2022 at 9 pm ET. The ACT Challenge is sponsored by Gannett Media Corp. (“Sponsor”) and administered by Mightycause (the “Administrator”). The Gannett Foundation, a non-profit corporation (the “Grant Provider”) is responsible for providing the grant(s) for the ACT Challenge.  Information about the ACT Challenge is available at: https://acommunitythrives.mightycause.com/giving-events/act22/home (the “Challenge Website”) and  on www.gannettfoundation.org/act.  The commencement of the Submission Period (June 1, 2022 12 -June 30, 2022) through the end of the Fundraising Period  (July 18, 2022 at 12 ET-August 12,2022  9 pm ET) shall together be referred to herein as the “Challenge Period”).

 

The Administrator’s server and computer clock is the official time-keeping device for the ACT Challenge.  Your participation in the ACT Challenge means that you unconditionally agree to these Official Rules and all decisions by Sponsor, the Administrator, and the Grant Provider, which are final and binding in all matters related to the ACT Challenge.  NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THE ACT CHALLENGE IS VOID OUTSIDE OF THE UNITED STATES AND IN PUERTO RICO, WHERE PROHIBITED OR RESTRICTED BY LAW AND WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

 

The Sponsor’s Terms and Conditions and Privacy Policy and Mightycause Terms and Conditions and Privacy Policy shall  apply to the ACT Challenge and all entries and donations received in connection therewith. In the event of a conflict between these Official Rules and either the MightyCause’s or Sponsor’s respective Terms and Conditions or the Privacy Policy, these Official Rules govern and control only to the extent of such conflict. Sponsor Terms and Conditions and Privacy Policy are available at www.gannettfoundation@gannett.org/act. Mightycause Terms and Conditions and Privacy Policy are available at

https://acommunitythrives.mightycause.com/a/terms_and_privacy

 

1. ELIGIBILITY:

 

Eligible Participants. The ACT Challenge is only open to legal entities (a) incorporated or organized within the 50 United States, Guam, or the District of Columbia, (b) with valid Employer Identification Numbers (“EINs”) and physical mailing addresses, (c) located in the U.S., Guam. or District of Columbia and support domestic projects only, and (d) that have and will maintain tax-exempt status under sections 501(c)(3), and 509(a)(1,2) of the Internal Revenue Code throughout the ACT Challenge. Municipalities (for example, departments of park and recreation, schools) are also eligible to apply.  If you are an individual submitting an entry and agreeing to these Official Rules on behalf of a legal entity, you represent and warrant that (i) you are an authorized representative of such entity and able to legally bind such entity or that you have permission from such entity to submit an entry on its behalf and (ii) have read, and hereby agree to, these Official Rules on behalf of such entity.  All entries made in connection with the ACT Challenge are governed by these Official Rules and are subject to verification of eligibility before a grant is awarded. Sponsor and Grant Provider and their respective parents, affiliate companies, subsidiaries, their respective officers, directors, independent contractors, agents, judges, advertising and promotion agencies and anyone involved in the development of the ACT Challenge are not eligible to submit an entry or to receive an award (defined below). Employees, independent contractors, officers, and directors, of Administrator as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each such employee, whether or not related, are not eligible to participate. Entries that are submitted in connection with the ACT Challenge will only be eligible if the charitable entity’s fundraising Campaign (as defined below), and related content posted by the entrant, does not contain content that is unlawful, hateful or obscene, in the Sponsor’s Grant Provider’s, and/or Administrator’s sole and absolute discretion. or as otherwise stated in Section 5(c) herein. By participating in the Challenge, you represent and warrant that you are eligible to participate in accordance with these Official Rules.

 

2. DONATIONS:

 

Eligible Donations. “Eligible Donations” are those donations that comply with all terms and conditions contained herein. Only Eligible Donations may count toward the total amount raised by each entrant’s Challenge Campaign. Donations must be made through the ACT Challenge website which includes the ACT Challenge logo and ACT branded footer  (“Official ACT Campaign”).  The minimum Eligible Donation is $5 per transaction. There is no maximum donation limit. Eligible Donations must be made to entrant’s Official ACT Campaign using a credit card, PayPal, Apple Pay or Bank account and must be successfully processed to completion through Mightycause and its third-party payment processor(s) during the Challenge Period to count toward entrant’s fundraising Campaign total.

 

Ineligible Donations.  Donations made contrary to the terms of these Official Rules, including, but not limited to, those donations made outside of the ACT Challenge, outside the Fundraising Period, or offline, are “Ineligible Donations” that will not be counted toward entrant’s Campaign total. Ineligible Donations include, but are not limited to, donations by cash, money order, credit card payments made outside of the ACT Challenge website, and any other donations not successfully processed online via credit card on the entrant’s Official ACT Campaign. Only the authorized credit card holder may donate on the ACT Challenge Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Mightycause may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the ACT Challenge Website, for the authorized credit card holder to utilize in order to make a donation. Neither entrant nor a proxy may donate organizational funds to an entrant’s fundraising Campaign, whether by taking money from its account(s) to donate to its Campaign or otherwise, no matter the intent. Such contributions are considered Ineligible Donations and will not be counted toward entrant’s Campaign. This includes, but is not limited to, receiving cash or check donations out of the recipient funds or having the recipient organization’s employee, Board Member, Officer, or other individual make the donation at the direction of the organization.  Donations may not be transferred to the Campaign from another campaign on Mightycause.

 

Donations can take time to process.  All Eligible Donations must be successfully processed to completion through Mightycause before the end of the Challenge Period to count toward entrant’s fundraising Campaign. Mightycause has the right to verify all donations, and any donation that is subject to chargeback or dispute may not count toward an entrant’s fundraising Campaign. Neither Sponsor nor Administrator is responsible for any delays in processing any donations. The list of donations on any particular fundraising Campaign, if any is displaying or any similar tally of donation(s) or leaderboard, are unofficial tallies of the amounts of donations to a fundraising Campaign and may not accurately reflect the fundraising Campaign’s total donations during the Challenge Period, based on a variety of factors. Results of the fundraising Challenge are not official until Sponsor and/or Administrator, or their respective duly authorized representatives, verify the winning entities. 

 

Mightycause Charitable Foundation: All donations made via the ACT Challenge Website are donations advised to the Mightycause Charitable Foundation (MCF). MCF is a registered 501(c)(3) nonprofit which operates a donor advised fund to handle donor advised contributions made using the Challenge website. Donor Advised Fund (“DAF”) is defined by IRC Section 4966(d)(2) as a fund or account (i) which is separately identified by reference to contributions of a donor or donors, (ii) which is owned and controlled by a sponsoring organization, and (iii) with respect to which a donor (or any person appointed or designated by such donor) has, or reasonably expects to have, advisory privileges with respect to the distribution or investment of amounts held in such fund or account by reason of the donor’s status as a donor. Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Mightycause Charitable Foundation. Mightycause Charitable Foundation may only accept pure contributions and not part gift and part sale transactions.

 

Donation Disbursements: Donations will be disbursed as a re-grant from the Mightycause Charitable Foundation.  Donations will be disbursed to the participating charities regardless of whether or not the charity meets the fundraising minimums outlined in the rules below under section 6 below. A regrant to the advised charity and/or cause is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). Mightycause Charitable Foundation will retain an additional $5 per disbursement made via paper check, subject to a minimum check disbursement of $25.00 prior to the retained $5.00. To avoid the additional cost and minimums, we encourage advised charities to sign up for direct deposit (EFT) to their organization’s bank account. EFT disbursements will be sent twice a month (on/around the 10th and 25th of each month). Due to platform requirements, all organizations located in Guam must sign up to receive disbursements with Mightycause via ACH in order to be eligible to participate.

 

3. HOW TO ENTER AND BE CONSIDERED FOR A GRANT:All eligible entrants may enter by submitting an application and fundraising for a Campaign, each as set forth herein.

 

Application Submission.  Submit an application for a potential campaign (which is based in the U.S., District of Columbia, or Guam) through the Official ACT Challenge Application Website at https://acommunitythrives.mightycause.com/giving-events/act22/ between June 1, 2022 12:00 pm ET and  June 30, 2022 at 9:00 pm ET (“Application Period”).  Organizations submitting an application must provide all required information and follow any posted instructions (including on the Challenge Website or in follow-up emails from Administrator or Sponsor) in order to participate in the ACT Challenge. Any incomplete applications, as determined by Sponsor in its sole discretion, or applications submitted by ineligible entrants will be disqualified.  The applications require the following information:

 

Application Submission Focus: Projects must contribute to and/or focus on community building with a preference for impacting historically under-served individuals and groups. Community building is defined for this program as activities, projects, or events that create or enhance the sense of community amongst individuals or groups in a region (neighborhood, city, or region). Projects should involve individual and community support, either financially or through personal service.

 

Submission Information: Entrants must complete the Application at https://acommunitythrives.mightycause.com/giving-events/act22/ with all required information. Entrants must provide name, email address, mailing address, phone number, and contact information for the designated charitable organization. An entry is not complete until you receive email confirmation from Sponsor that all required information has been submitted and your Campaign page is active.

            Participating in the Fundraising Challenge is a required component of the grant program.

            If your organization only wants to be considered for a Local Operating Grant, your organization must still apply and participate in the Fundraising challenge.

 

Fundraising Campaign.   On or by July 7th, 2022 Sponsor will send either (i) confirmation of its receipt of complete applications (“Application Receipt”) or (ii) notice of disqualification due to incomplete applications or ineligibility of the entrant or organization.  Each entrant that receives notice of Application Receipt from Sponsor must then log into 

https://acommunitythrives.mightycause.com/giving-events/act22/ and fundraise (subject to the requirements herein) through their organization profile or subset team, event or fundraiser page that the entrant has created on the Challenge Website (“Official Fundraising Campaign Page”) starting on July 17, 2022 at 12:00 PM ET and ending August 12, 2022 at 9:00 PM ET (such period, the “Fundraising Campaign Period”).  If any entrant is not a registered member of acommunitythrives.mightycause.com, entrant must create a free account.  Sponsor will designate each entrant as either a Tier 1 or Tier 2 entrant (for the Incentive Grants) in accordance with the following criteria: (i) Tier 1 includes organizations with operating budgets <= $500,000 and (ii) Tier 2 > $500,000 operating budget. If there are a disproportionate number of entrants in either category, the Sponsor of the Challenge reserves the right to balance the number of applicants by shifting the fundraising threshold up or down from $500,000 as needed to create a balance between the two Tiers.

 

All entrants keep the funds they raise regardless of whether they achieve any minimum fundraising amounts. Funds will be distributed by Administrator’s agent either bi-monthly electronically or monthly if paper, as elected by the applicant.

 

Limit one (1) Fundraising Campaign Page per entrant. Two (2) or more charities that are distinct and have unique EINs or business numbers, as the case may be, may not share one Campaign page in order to increase their odds in the Challenge. 

 

Those who do not provide the required information in their application, donation or entry form, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified at Sponsor’s or Administrator’s sole and absolute discretion.  All entries and donations that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the ACT Challenge at Sponsor’s or Administrator’s sole and absolute discretion. If an entrant is disqualified during the Fundraising Campaign Period, funds raised to-date of the disqualification will be sent to the entrant.

 

In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the account holder of the email from which it was sent but only if such entrant is otherwise eligible.  The “account holder” is the applicant or entity assigned an email address or username by the entity responsible for assigning it (e.g., Gmail).  Potential grant recipients may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s or Administrator’s satisfaction, the entry and/or donation will be deemed ineligible.

 

4. USE OF CONTENT:  By submitting any content to Sponsor or Administrator in connection with the ACT Challenge (“Content”), you represent and warrant that you have the right to grant, and do hereby grant, to each of Sponsor and Administrator the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice.  Under no circumstances will Sponsor or Administrator be required to treat any Content as confidential.  Each of Sponsor and Administrator will be entitled to use the Content for any purpose whatsoever without compensation to you or any other person.  For the avoidance of doubt, neither Sponsor nor Administrator will be liable to you or any other person for any ideas for their business derived from the Content.

 

5. GRANTS:

 

Project Grants:

There will be sixteen (16) Project Grants as follows:

 

• Three (3) Project Grants each in the amount of $100,000
• Seven (7) Project Grants each in the amount of $50,000
• Six (6) Project Grants each in the amount of $25,000

 

Local Community Operating Grants:

Entrants with community operations in Sponsor’s markets and which meet eligibility requirements will be eligible for consideration for operating grants. Grant amounts will vary and will be determined by the Sponsor based on the below criteria. If you are not sure whether Sponsor operates in your community see the list of communities here.

 

Minimum Operating Grant amount is $2500.  The maximum amount of the Operating Grants awarded will be One Million Three Hundred Thousand Dollars ($1,300,000). The total number of Operating Grants to be awarded is dependent on the number of eligible entrants and results of the judging by the Sponsor.

 

Incentive Grants: 

A total of $200,000 will be awarded during the Fundraising phase of the Campaign to those qualifying organizations that raise the most funds, as follows:

 

The top three (3) fundraisers with at least ten (10) unique donors in each of the two (2) Tiers at the end of the Campaign Challenge period will receive an incentive grant of:

 

• $25,000 Top Fundraiser (one (1) winner in each Tier)
• $15,000 Second Highest Fundraiser (one (1) winner in each Tier)
• $10,000 Third Highest Fundraiser (one (1) winner in each Tier)

*If there is a tie for either first or second place, the two awards will be combined and shared equally. If there is a tie for 3^rd place, the organizations will split the award equally.

 

Bonus Challenge Grants: There will be four (4) Bonus Challenges during the period of July 18, 2022 – August 12, 2022. All qualified entrants shall be eligible to compete for the Bonus Challenge Grants. Official Rules for the Bonus Challenges shall be available at act@usatodaynetwork.com. The Grant requirements and conditions stated in these Official Rules shall also apply.

 

Bonus Challenge #1:

Four (4) charities (2 in each tier) with the most unique donors (during the time period below) on its Official Fundraising Campaign Page will each receive $5000.

Start Date: Mon. July 18,2022 @12:00:00 noon ET

End Date: Mon.  July 25, 2022 @11:59:59 am ET

Total: $20,000

 

Bonus Challenge #2:

Eight (8) charities (4 in each tier) to raise the most dollars in Eligible Donations (during the time period below) on its Official Fundraising Campaign Page will each receive $3000.

Start Date: Mon. July 25, 2022@12:00:00 noon ET

End Date: Mon. August 1, 2022@11:59:59 am ET

Total: $24,000

 

Bonus Challenge #3:

Six (6) charities (3 per tier) that receive the most unique donors (during the time period below) on its Official Fundraising Campaign Page will each receive $4000

Start Date: Mon. August 1, 2022 @12:00:00 noon ET

End Date: Mon. August 8, 2022 @11:59:59 am ET

Total: $24,000

 

Bonus Challenge #4: 

Eight (8) charities (4 in each tier) to raise the most dollars in Eligible Donations (during the time period below) on its Official Fundraising Campaign Page will each receive $4000.

Start Date: Mon. August 8, 2022 @12:00:00 noon ET

End Date:  Fri. August 12, 2022 @9:00:00 pm ET

Total: $32,000

 

Unique Donor: A unique donor is defined as a donor that has entered in an email address distinct from any other donor who makes a donation to the same nonprofit. An individual that makes more than one donation to a nonprofit’s campaign will only count as one unique donor. Donors may check a box to make their information anonymous from the public and that will not affect the sole source donation determination. Any attempts to abuse or mask email addresses in order to increase donor count will result in disqualification from the Challenge.

 

Requirement: Each recipient of a Grant in excess of $10,000 will be required to enter into a grant agreement with the Grant Provider (the “Grant Agreement”) as a condition to receiving such grant.  Project Grants >$25,000 will be awarded in two (2) installments: the first installment will be awarded within approximately thirty (30) days after signing the Grant Agreement with the Grant Provider, and the second installment will be awarded within thirty (30) days of the recipient’s submission of a mid-grant period report to the Grant Provider on or about six (6) months following the execution of the Grant Agreement, as required by the Grant Agreement.  Local Community Operating Grants will be awarded in full within approximately ninety (90) days after notification, or later if the recipient has not signed required paperwork.

 

6. SELECTION OF GRANT RECIPIENTS:

 

• Selection Criteria and Awarding of Grants.

 

Project Grants & Local Community Operating Grants will be awarded as follows:

 

Sponsor will evaluate and judge (i) each eligible entrant in Tier 1 that fundraises at least $3,000 in Eligible Donations through its Campaign during the Fundraising Period Grants and (ii) each eligible entrant in Tier 2 that fundraises at least $6,000 in Eligible Donations through its Campaign during the Fundraising Period based on the following criteria:

 

Project Grants Judging Criteria:

• Viability, impact, and sustainability of the project outlined in the entry (20%);
• Community building impact (30%);
• Consistent with spirit of the Grant Provider’s grant making philosophies, as defined by its Board of Directors, and corporate purpose; (10%)
• Supporting historically underserved groups or people and most in need; (30%) and
• Inspirational (10%).

 

Local Community Operating Grants Judging Criteria: 

• Community building impact (30%);
• Mission addresses a critical community need (20%);
• Impact and sustainability of organization’s programs (10%); and
• Consistent with spirit of the Grant Provider’s grant making philosophies, as defined by its Board of Directors, and corporate purpose; (10%)
• Supporting historically underserved groups or people and most in need; (30%)

 

In the event of a tie, the tied entrants will be re-judged based on the same criteria (stated above) and the entrant with the highest score will be deemed the recipient of the grant. The grant shall be used towards executing the Campaign project outlined in the entrant’s submission. The award of grants among the Categories and Tiers may not be equally allocated.

 

Incentive Grants:  The six (6) Incentive Grants will be awarded as follows:

• Each of the three (3) eligible entrants in Tier 1 with the Campaigns that generate the most Eligible Donations for their organization during the Challenge Period will be deemed the potential recipient of a Tier 1 Incentive Grant (so long as each has raised a minimum of $3,000 in Eligible Donations during the Challenge Period).
• Each of the three (3) eligible entrants in Tier 2 with the Campaigns that generate the most Eligible Donations for their organization during the Challenge Period will be deemed the potential recipient of a Tier 2 Incentive Grant (so long as each has raised a minimum of $6,000 in Eligible Donations during the Challenge Period).
• If there is a tie for either first or second place, the two awards will be combined and shared equally. If there is a tie for 3^rd place, the organizations will split the award equally.
• Odds of receiving an Incentive Grant depend on the number of eligible entries received and funds raised.

 

Challenge Conditions:

1. No Grants shall be awarded if an employee of (i) Sponsor, (ii) a subsidiary or affiliate of Sponsor; or (iii) the Grant Provider is an officer, director, or founder of the recipient organization. No Grants shall be awarded to an organization if Sponsor and/or Grant Provider determines that financially supporting the organization would negatively impact the good will, image or purpose of Sponsor, Grant Provider or ACT.
2. No applicant may win more than two (2) Bonus Grants and one (1) Incentive Grant
3. Top Fundraiser Grant recipients are ineligible from winning Bonus Challenge #4.

 

• Notification. Sponsor will send notifications to the point of contact on the ACT Challenge entry form for the potential grant recipients, on or around September 22, 2022, via e-mail. In the event any potential grant recipient does not accept the grant within five(5) business days of notification, any grant recipient is ineligible, or the grant or grant notification is not deliverable, an alternate grant recipient will be selected, in Sponsor’s sole discretion. Neither Sponsor nor Administrator are or shall be responsible or liable for late, lost, misdirected or unsuccessful efforts to notify the potential grant recipient(s) or grant utility, quality, damages of any kind during shipping or anytime thereafter. . Except where prohibited, participation in the ACT Challenge constitutes each the entity’s consent to Sponsor’s and Administrator’s and their respective agents’ use of the entity’s name, likeness, photograph, voice, opinions and/or hometown and state for advertising, promotional, and other purposes in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law), and by participating in the Challenge, each entrant and/or entity further agree to execute any specific consent needed or requested by Sponsor, Administrator, Grant Provider, or their respective designees in furtherance of such use. Additional paperwork, releases, background checks or screenings, to the extent allowed by law, may also be required before a grant can be awarded.

 

• Restricted Funding and Grant Requirements: Each entrant agrees that all donations it raises and receives as result of the Fundraising Campaign online through the ACT Challenge shall be used by the organization for general operating expenses of the entity and that any Incentive Grant, Local Community Operating Grants, and Bonus Challenge Grants must be used towards general operating expenses of the entity. The Project Grants must be used solely for the project outlined in the entrant’s submission (i.e., “Project Description and expected outcomes”).

 

• Other Conditions. All entrants, Campaigns and donations are subject to verification of eligibility before a grant can be awarded. Grants will be given to the 501(c)(3) entity or municipality identified in the entrant’s submission, not to the applicant or entrant. The grant is non-transferable by the entity and no substitution of grants is offered, except at the sole discretion of Sponsor. All grant details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  In order to receive a grant, the entity may be required to provide proof of eligibility.  All grant(s) are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  The grants will be sent to physical mailing address (no P.O. Boxes) in the fifty (50) United States, the District of Columbia, or Guam of the entity except in Sponsor’s sole and absolute discretion. Sponsor, Mightycause, and Grant Provider are not responsible for any late, lost, misdirected or other issues related to delivery.  Project Grants>$25,000 will be awarded in two (2) installments: the first installment will be awarded within thirty (30) days after signing the Grant Agreement with the Grant Provider, and the second installment will be awarded within thirty (30) days of the recipient’s submission of a report to the Grant Provider on or about six (6) months following the execution of the Grant Agreement, as required by the Grant Agreement.  All Project and Local Operating Grants will require a signed grant agreement. Checks will not be released until agreements are signed. Incentive Grants, Local Community Operating Grants, and Bonus Challenge Grants will be sent by check within ninety (90) days after the recipients are selected and the exact date is to be determined by Sponsor. In the event that Sponsor is unable to provide the recipient with his/her grant(s) or any portion thereof, Sponsor may elect, to provide such recipient with an alternate grant of comparable value.  Grant recipients are advised that the grant may be taxable, and grant recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the grants they receive, regardless of whether it, in whole or in part, are used. EVERY ENTRANT AND ENTITY AGREES THAT INFORMATION PROVIDED BY SPONSOR OR ADMINISTRATOR IS NOT ADVICE, INCLUDING BUT NOT LIMITED TO, TAX ADVICE OR LEGAL ADVICE, AND EVERY PARTICIPANT IS ADVISED TO CONSULT A PROFESSIONAL, INCLUDING A TAX PROFESSIONAL.

 

7. RELEASE; LIMITATIONS OF LIABILITY; GENERAL CONDITIONS: Administrator and/or Sponsor reserve the right to modify, suspend, cancel, or discontinue the ACT Challenge (or any part of it) at any time  due to pandemic, epidemic, natural disaster, or for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions Administrator or Sponsor deem necessary, in its sole discretion, to protect its users, business partners, or business or the public or if any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s, Administrator’s, or Grant Provider’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Challenge. In the event of such cancellation, termination or suspension, Sponsor and/or  Administrator will use reasonable efforts to post a notification and, if grant recipients can be selected among all eligible, non-suspect entries received prior to such time, the recipients will be selected.   Sponsor,  Administrator,  Grant Provider, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) are not responsible for late, lost, stolen, damaged, garbled, incomplete, mistyped, misaddressed or misdirected entries, emails, mail or communications; for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices; or for transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise; or for any delays in payment processing.  Further, Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages or insufficient space on entrant’s computer.  The use of automated software or computer programs to register or to enter the ACT Challenge is prohibited, and any entrant who uses or attempts to use such methods to register or to enter will be disqualified. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Challenge. Sponsor, Administrator, and/or Grant Provider reserve the right to disqualify any entrant (and his/her ACT Challenge entry) from the ACT Challenge, any other promotions conducted now or in the future by Sponsor or Administrator or any of their affiliates if such entrant tampers with the entry process or if such entrant’s fraud or misconduct affects the integrity of the ACT Challenge or if such entrant engages in any inappropriate or unacceptable behavior in connection with the ACT Challenge. Sponsor and Administrator reserve the right to correct clerical or typographical errors in promotional materials, including without limitation these Official Rules. By participating in the Challenge, each entrant releases and holds harmless the Released Parties from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy, arising out of participation in the ACT Challenge or entries that are ineligible (including, if entry is made by donation, if not processed prior to the end of the Challenge Period).  By accepting the grant, the winning entities agree to release and hold harmless Released Parties from any and all liability, loss or damages arising from or in connection with the awarding, receipt and/or use or misuse of grant or participation in any grant-related activity. All ACT Challenge participants acknowledge and agree that normal Internet access, phone and usage charges imposed by their online, phone or similar providers may apply in order to participate in the ACT Challenge and accept the grant.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The ACT Challenge and all disputes, claims or controversies arising from these Official Rules, shall be governed by New York law, without regard to its conflict of law provisions.

 

8. ENTRANT’S PERSONAL INFORMATION: By entering the ACT Challenge, you consent to the collection, use and disclosure of your personal information for the purpose of administering the ACT Challenge and grant fulfillment. You may also have the opportunity to sign up to receive promotional emails from Sponsor, Administrator and other parties associated with the ACT Challenge; your choice to consent to such emails or to opt-out of such emails in future does not impact your chances of winning. By entering, you agree to share all entry information with Sponsor and Grant Provider, including but not limited to name, city, state, project description, videos, and images for advertising, promotional, and other purposes in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law), and by participating in the Challenge, you further agree to execute any specific consent needed or requested by Sponsor, Administrator or their respective designees in furtherance of such use. To the full extent permitted by law, the name, address (city and state), image and biographical information of entrant and winning entities may be used by Sponsor and Grant Provider for promotional purposes and a published winner’s list. You may be required to sign a document to this effect. Information collected from entrants is subject to these Official Rules as well as  Sponsor’s Privacy Policy at USATODAY.com  

 

9. WINNERS LIST: To obtain a list of the winning entities, send an email to act@usatoday.com with the following subject line: “Please send the winners list for the A Community Thrives Challenge”. Requests must be submitted within ninety (90) days after the end of the ACT Challenge ends. The list will be sent to requesting parties after selection and verification of winner(s). The list will also be posted at www.gannettfoundation.org/act.

 

10. SPONSOR:

Gannett Media Co., Inc.,

7950 Jones Branch Drive

McLean, VA 22107

 

     ADMINISTRATOR:

Mightycause

P.O. Box 160

Marianna, FL 32446

 

11. THESE OFFICIAL RULES (“OFFICIAL RULES”) CONTAIN THE FOLLOWING LIMITATIONS YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR, ADMINISTRATOR, OR GRANT PROVIDER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

12. NOTICE: Sponsor and/or Administrator reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the ACT Challenge in violation of these Official Rules and/or criminal and/or civil law.

 

13. COPYRIGHT: ©2022 All rights reserved. Mightycause and any associated logos are trademarks of  Gannett Media Co, Inc., and A Community Thrives and any associated logos are trademarks of Gannett Media Co.Inc. Any other trademarks in these Official Rules are used for grant identification purposes ONLY and are the properties of their respective owners. 

 

14. QUESTIONS REGARDING THE CHALLENGE? For questions or issues with the Mightycause platform, please contactsupport@Mightycause.com. For questions related to the A Community Thrives program structure and grant-giving, please contact act@usatodaynetwork.com.