The Water Public Art Challenge is seeking collaborative temporary public art projects that build connectivity between cultures through creative expression.

Projects should honor the legacy of the ancestral Sonoran Desert people (Huhugam)*, whose irrigation engineering and agricultural achievements delivered water, creating the foundation for life in the Valley of the Sun.

*Previously referred to as the Hohokam People

The Process

Meet the Judges

Questions & Answers

Meet the Judges

Receive feedback from Experts

Timeline

Stay informed about important deadlines.

Trait Scoring Rubric

Reviewers will use these traits to score valid applications. Scores will be normalized for fairness.

A Level Playing Field

Everyone is treated fairly.

Once a registrant has submitted an Application, we will conduct an initial Administrative Review of every submission, to ensure that they comply with our Rules and other requirements. After we have qualified those submissions for assessment, every valid application is assigned to five Peer Reviewers, who are responsible for assessing them using our Trait Scoring Rubric. This is the same Trait Scoring Rubric the Selection Committee will use. The Peer Reviewers and the Selection Committee reviewers will offer both scores and comments against each of four traits. Any assigned reviewer will assess an applicant by resolving a score between 0-5 points for each trait, in increments of 0.1. Those scores will combine to produce a total score. Examples of possible scores for a trait are: 0.4, 3.7, 5.0, etc.

The most straightforward way to ensure that everyone is treated by the same standard would be to have the same reviewers score every application; unfortunately, due to the number of applications that we plan to receive, that is not possible.

Since the same reviewers will not score every application, the question of fairness needs to be carefully explained. One reviewer may be a hard grader, taking a more critical view by giving every assigned applicant a range of scores only between 1.0 and 2.0, as an example; meanwhile, another reviewer may be more generous, scoring any assigned applicant between 4.0 and 5.0.

For illustrative purposes, let’s look at the scores from two hypothetical reviewers:

The first judge is far more generous, as a scorer, than the second reviewer, who gives much lower scores. If your application was rated by the first reviewer, it would earn a much higher total score than if it was assigned to the second reviewer.

We have a way to address this issue. We work to ensure that no matter which reviewers are assigned to you, each application will be treated fairly. To do this, we utilize a mathematical technique relying on two measures of distribution, the mean and the standard deviation.

The mean takes all the scores assigned by a reviewer, adds them up, and divides them by the number of scores assigned, giving an average score.

Formally, we denote the mean like this:

The standard deviation measures the “spread” of a reviewer’s scores. As an example, imagine that two reviewers both give the same mean (average) score, but one gives many zeros and fives, while the other gives more ones and fours. It wouldn't be fair, if we didn’t consider this difference.

Formally, we denote the standard deviation like this:

To ensure that the review process is fair, we rescale all the scores to match the reviewer population. In order to do this, we measure the mean and the standard deviation of all scores across all reviewers. Then, we change the mean score and the standard deviation of each reviewer to match.

We rescale the standard deviation like this:

Then, we rescale mean like this:

Basically, we are finding the difference between both distributions for a single reviewer and those for all of the reviewers combined, then adjusting each score so that no one is treated unfairly according to which reviewers they are assigned.

If we apply this rescaling process to the same two reviewers in the example above, we can see the outcome of the final resolved and normalized scores. They appear more similar, because they are now aligned with typical distributions across the total reviewer population.

We are pleased to answer any questions you have about the scoring process. You are able to ask questions related to the scoring process on the discussion forums once you register and begin developing your application.

Rules

Understand the legal rules governing the competition.

Thank you for your interest in the Water Public Art Challenge. By participating in this Competition and in accordance with these Rules you are eligible to receive various forms of recognition and a possible cash Prize of $50,000 for your winning Entry, in the form of a grant from the Arizona Community Foundation. Please read through the Rules and Terms & Conditions carefully.

As you participate, you may periodically be asked to recognize your acceptance of these Rules and the Terms by clicking "accept" at various pages on this website, but by continuing any use of this website you expressly consent to all of these Rules and the Terms. The full Terms are available for your review by accessing them in the footer on this website. The Rules constitute "Competition Terms and Conditions" under Clause 2.3 of the Terms. Capitalized words used but not defined in the Rules have meanings given to them in the Terms.

Subject to the limitations set out herein and in the Terms, any individual representing an organization, business entity (such as a corporation, partnership, limited liability company, nonprofit agency, etc.), government or public agency may participate (“You”). Employees of the Arizona Community Foundation, as the Competition Host, RAMPIT, and any of their subsidiaries and/or affiliates of those entities and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees from those entities, are not eligible. You must complete registration to participate. Individuals representing organizations, business entities, government or public agencies must be 18 years of age or older to participate. You can neither reside in nor be governed by countries that are prohibited by law, regulation (including United States or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States of America or its citizens.
Your Entry should meet the application requirements stipulated on this website. You are required to register in advance of any deadlines for the submission of an Entry, and You must comply with all other deadlines and other information posted on this website. Your Entry may not contain obscene, provocative, defamatory, or sexually explicit content; any content that violates privacy or other third-party rights or any otherwise objectionable or inappropriate content may be grounds for disqualification. Further, Your Entry may not involve work to be conducted, or monies to be expended, in countries that are prohibited by law, regulation (including United States or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States or its citizens.
The Content created or provided by You must be your own. You represent and warrant that your Entry is an original work created solely by You, that You or Your represented organization, business entity, government or public agency own all Intellectual Property in and to the Entry, and that no other party has any right, title, claim or interest in the Entry, except as expressly identified by You to us in writing.
You may participate by registering, and You may not register more than one true and uniform identity; multiple registrations for any participant using multiple identities are not allowed. We reserve the right to disqualify any Entry made by a participant violating this limitation, regardless of whether all of the respective parties had knowledge of such violation.
Upon submitting Your Entry, the Entry will be subjected to an Administrative Review, to ensure compliance with all of the requirements. Qualified Entries will then be distributed to other registrants during a Peer to Peer assessment of those Entries. If Your Entry qualifies for Peer to Peer review, You will be required to assess five (5) other Entries. If You do not complete those assessments, using the tools and process described on this Website, Your participation may be terminated. Based on normalized scores from each Peer to Peer review, a rank order of the Entries will be populated. The top fifteen (15) Entries will advance to the next phase of review.
Once the rank order of Entries has been calculated by those scores, the top-ranking Entries will be presented before a Technical/Cultural Advisory Committee. Each advisory committee members will review all top-ranking Entries to ensure each meets a standard of cultural appropriateness.
Once the Technical/Cultural Advisory Committee has completed their review, the top-ranking submissions will be presented before a separate group of Judges (Selection Committee) who will be responsible for making a final determination.
By submitting an application, you agree to the Arizona Community Foundation’s and RAMPIT’s ability to publicize any portion of your submission (text, graphics, photos, videos, etc.) in an effort to market the competition, the entries, and ultimately the winners, and to promote Arizona Community Foundation. This includes but is not limited to posting elements of your submission on social media channels, sharing them with traditional and social media outlets for potential publication, posting to the Arizona Community Foundation or other related websites, etc. The license to your submission granted herein is perpetual and royalty-free.
Should You be selected as the Winner, a single Prize of a $50,000 grant (subject to terms specified in a separate grant agreement with the Arizona Community Foundation) may be awarded to You, so long as your eligibility and compliance with these Rules are confirmed by the Arizona Community Foundation. You may not submit any petitions for a division of the Prize, beyond those terms which will be included in the grant agreement. If the Prize is awarded to a team of participants, then the team will designate a team leader, and that organization, business entity, government or public agency will be responsible for negotiating the terms of the Grant Agreement with the Arizona Community Foundation. If the team consists of a wide variety of organization, business, government or public agency types, then the team must be represented by those with the legal authority to negotiate on behalf of the team to execute a grant agreement with the Arizona Community Foundation. The Winner will be announced on this website and on the Arizona Community Foundation’s website.
While RAMPIT, LLC (“RAMPIT”) is providing an online platform for your participation, RAMPIT is not responsible for the payment of any Prize. Payment of a Prize is the sole responsibility of the Arizona Community Foundation, and under the Terms each participant has agreed to look solely to the Arizona Community Foundation for the payment of any Prize. Please note that the Winner of a Prize may be subject to certain taxes. Under the Terms, any Winner of a Prize will be solely responsible for paying such taxes. Neither the Arizona Community Foundation, as the Competition Host, nor RAMPIT and/or its affiliates will accept responsibility for paying such taxes.
By submitting your Entry, you agree to release, discharge and hold harmless the Arizona Community Foundation and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors and representatives from any Loss arising out of your participation in the Water Public Art Challenge and the acceptance and use, misuse, or possession of any Prize. The Arizona Community Foundation assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Competition entries or entry forms; or alteration of entries or entry forms. The Arizona Community Foundation is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Competition.
THIS COMPETITION IS VOID WHERE PROHIBITED. Entrants agree that this Competition shall be subject to and governed by the laws of the United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief, or to make any other recourse to judicial or any other procedures in case of disputes or claims resulting from or in connection with this Competition are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply.
If for any reason the Competition is prohibited from running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of RAMPIT and/or the Arizona Community Foundation that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, the Arizona Community Foundation reserves the right to disqualify any Users who may tamper with the process, or to cancel, terminate, modify, or suspend the Competition.
The Arizona Community Foundation, as the Competition Host, reserves the right to disqualify any participant who violates these Rules, the Terms and any standards of behavior expressed or implied in them. We look forward to receiving your most thoughtful and creative Entry.

Contact Information:

You may contact us with any questions or comments about these Rules.
Please enter “Water Public Art Challenge” in the subject line of your email.
You may reach us directly at: info@azprizes.org

The Competition Host is the Arizona Community Foundation, with a place of business at:
2201 East Camelback Road, Suite 405B, Phoenix, Arizona 85016.

About the Challenge

Build connectivity between cultures through creative expression

The Arizona Community Foundation, Republic Media and ASU’s Morrison Institute for Public Policy are pleased to announce the next challenge being offered under The New Arizona Prize. The Water Public Art Challenge will award a $50,000 prize to each of the five collaborative teams named as Winners.

The Water Public Art Challenge encourages the storytelling aspect and education opportunity afforded by public art while emphasizing the historical significance of the Hohokam People’s contributions to our present-day existence (for more details, visit the Resources page). Hohokam culture offers a foundation for understanding the history of engineering, architecture, technology, art, and trade in the Valley of the Sun.

In addition to Hohokam culture, your proposed art project may also help encourage a better understanding of the region’s irrigation engineering and agricultural achievements in a more contemporary context. Your team may consider installing your project along or near local water systems.

The Water Public Art Challenge is team-based and participating teams may include a team of individuals, non-profit organizations, for-profit organizations, and governmental/tribal entities. Each team must include an artist/arts organization and someone who has authority over a public or private space to be used for the artwork. Your proposed project should be a temporary art installation located in the greater Phoenix metropolitan area and surrounding communities (Valley of the Sun).

About The New Arizona Prize

The New Arizona Prize, a philanthropic prize competition aimed at attracting new and innovative thinking to solve some of Arizona’s most pressing problems, was launched in 2014. The first challenge offered under The New Arizona Prize banner was the Water Consciousness Challenge. The $100,000 prize went to Beyond the Mirage, a team of videographers and marketers from the University of Arizona and Arizona Public Media. Their winning idea is a three-part, consciousness-raising digital strategy that includes an interactive web experience designed to educate and engage Arizonans about our water future, a full-length documentary film, and a classroom educational component. Learn more about their winning program at www.beyondthemirage.org. The second challenge offered was the Water Innovation Challenge, which awarded $250,000 to seed fund the Arizona Pure Brew Water Challenge, proposed by a coalition of water professionals representing local government, water utilities, academia and private partners. The winning solution combined an effluent-to-potable reuse technology, statewide mobile public engagement campaign, and local craft beer competition. Learn more about their winning solution at www.azpurewaterbrew.org.

Application

Propose your temporary public art projects that build connectivity between cultures through creative expression.

The New Arizona Prize: Water Public Art Challenge will award $50,000 to each of the top five teams whose proposed temporary public art project successfully builds connections between different cultures through creative expression. By honoring the ingenuity of the Hohokam’s traditions and their influence within the Valley of the Sun, collaborative teams are invited to propose public art projects that inspire and educate the community about the systems and innovations that have enabled our region to be sustainable. The theme of each public art project must reflect the prehistoric legacy of the ancient Hohokam culture offering today’s desert dwellers and visitors a better understanding of the region’s irrigation engineering and agricultural achievements.

Please read all of the application requirements before completing each section. It is expected your application will be in English, however, your video may be in another language as long as English subtitles are included. Portions of your application, including the Title of Your Art Piece, Executive Summary, Project Visuals, and Video, may be published on this website or shared with the public; the remainder of your application will only be viewed by prize administrators and evaluators.

Be sure to review your application as the reviewers will see it and confirm all of your changes have been saved. When you have completed all of the requirements, a message will be displayed on the screen. At that point, you can submit your final application. Once you have submitted the application, you will no longer be able to make changes.

You must submit your application no later than Thursday, August 30, 2018, at 5:00 PM Pacific.

A. Introduction

Title of Your Art Piece (5 words)

Please provide a title for your proposed art piece. This title may be displayed on the competition website post-submission so please be descriptive.

Executive Summary (75 words)

Provide a summary of your proposed public art project. Focus on delivering a compelling overview that engages the reviewer. Your Executive Summary, along with other portions of your submission, may be extracted from the application and shared publicly. Therefore, your Executive Summary should not require any other context to explain clearly what your team is offering. This is your opportunity to make a strong first impression.

B. About Your Team

The following information is required in order to capture a basic understanding of the leadership, structure, vision, and capabilities of your team. Eligible participants may include a team of individuals, non-profit organizations, for-profit organizations, and governmental/tribal entities. Each team must include an artist/arts organization and someone who has authority over a public or private space to be used for the artwork.

Your Team Structure

Team of individuals
Non-profit organization
For-profit organization
Governmental/tribal entity

Your Organization or Team Name (10 words)

Please provide the name of your organization. If you are applying as a team of individuals, provide a short descriptive name.

Point of Contact

While one person may be a member of or adviser to multiple teams, each team’s Point of Contact must be unique and no one person can serve as the Point of Contact for more than one team. While the Point of Contact’s organization may be responsible for sharing resources with other partners, s/he must have a working knowledge of the roles of each partner and must be authorized to speak on behalf of those partners. If your team does not use formal titles, then the Point of Contact may simply indicate the “team leader.”

First Name
Last Name
Position/Title
Street Address
Address Line 2
City
State
Postal / Zip Code
Email Address
Phone Number

Team Structure (150 words)

Describe the structure of your team. Team members must collaborate and propose a temporary public art project that seeks to build connectivity between different cultures through creative expression. The theme of each project must reflect the prehistoric legacy of the ancient Hohokam culture, offering a better understanding of the region’s irrigation engineering and agricultural achievements. How will the structure of your team contribute to your success in inspiring and educating your community?

How Was Your Team Formed? (150 words)

Please explain how your team was formed, describing how the leaders came together and under what circumstances the most critical partners agreed jointly to collaborate. Emphasize where any longstanding relationships may imply stability and strength among the partners, and showcase as necessary where new relationships have emerged and under what conditions any new partners agreed to participate.

Arts Representative (100 words)

Each submission to the New Arizona Prize: Water Public Art Challenge must include an individual who is an artist or represents an arts organization. Briefly describe the person on your team who meets this eligibility requirement. If the individual represents an arts organization, please also describe the artist who will be leading the creative process.

Authority Over Physical Space (100 words)

Each submission to the New Arizona Prize: Water Public Art Challenge must have authority over the public or private space where your team plans to execute your public art project. Please provide the physical location and/or address of where you would install your art project. Briefly describe the specific authority your team has in implementing your project in this public or private space.

C. Your Project

Here’s your opportunity to provide the details of your proposed art project to the Water Public Art Challenge. Your proposed project should be a temporary art installation located in the greater Phoenix metropolitan area and surrounding communities (Valley of the Sun). Be sure to emphasize how your proposed public art project aligns with the four traits that will be used to assess each valid application (see Trait Scoring Rubric).

Project Narrative (250 words)

Earlier, you provided a brief executive summary of your project. Now, describe your proposed temporary public art project in more detail. What type of project are you proposing and what medium will be used? How will it inspire and educate the local community?

Project Visuals

In addition to your narrative description, please also provide a visual representation of your idea. This may include a literal representation or collage of what your team proposes to share with the public. Please select an image that best represents your idea as this image may be shared publicly as part of a showcase post-submission. You may upload a single jpg, png, or pdf file.

D. Local Significance

The Water Public Art Challenge encourages the storytelling aspect and education opportunity afforded by public art while emphasizing the historical significance of the Huhugam contributions to our present-day existence (for more details, visit the Resources page). Hohokam culture offers a foundation for understanding the history of engineering, architecture, technology, art, and trade in the Valley of the Sun.

Cultural Relevence (200 words)

Please describe how your proposed public art project honors the ingenuity of the Hohokam’s traditions and their influence within the Valley of the Sun. How will you inspire and educate the community about the systems and innovations that have enabled the region to remain sustainable?

Connection to Water Systems (150 words)

In addition to Hohokam culture, how does your proposed art project help encourage a better understanding of the region’s irrigation engineering and agricultural achievements in a more contemporary context? Your team may consider installing your project along or near local water systems. If your project is connected to infrastructure that supports local water systems, please describe this connection.

E. Community Engagement

Public art is experienced and appreciated by many different groups of people in many different ways. Explain how your team has thought about how you expect the local community will engage with your project.

Target Audience (150 words)

Please describe your target audience. How will your proposed art project impact your target audience? Do you anticipate any shift of perception to occur because of your project?

Letters of Endorsement/Support

We request you provide letters of endorsement from local leaders who represent the community where your art project would be implemented. You may also consider including recommendation letters from constituents, supporters, advocates, advisors, etc. who can help your team inspire and spark action within your community. The purpose of this is to help demonstrate you’ve engaged with your community and your proposed project will be positively received. You may include as many letters as you’d like but please merge recommendation letter(s) into one single PDF file.

F. Your Project Plan and Budget

While the information provided in the previous section is intended to reveal strategic and practical information about your art project, we also require other information necessary for evaluators to understand the feasibility and financial sustainability of your project.

Project Milestones

Describe using the below table the milestones and timeline needed to create and implement your proposed public art project.

Project Plan Narrative (150 words)

Provide a narrative description of your milestones and timeline, clarifying any items that may need further explanation.

De-installation Plans (150 words)

The Water Public Art Challenge asks you to propose a temporary art installation and we also need to understand how you would remove your public art project. The Arizona Community Foundation and challenge partners may choose to support the permanent installation of your project, but this is not guaranteed. Explain how you would take down your proposed project and please represent these costs in your budget.

Project Risk Management (150 words)

Please describe any threats to the proposed solution and your plan to address them. While every project plan is different, we expect you to raise all assumptions of risk and address how you intend to manage it.

Budget Narrative (150 words)

Please offer a general overview for how you would use $50,000, if you received a grant award. This Budget Narrative should complement your project milestones.

Budget Requirements

What are the detailed costs to implement the proposed project within your specified duration? This includes capital expenditures and operational expenditures. Please list and describe each cost category in the following table. Your total project cost should not exceed $50,000.

Other Considerations (150 words)

We want to provide a final opportunity for your team to raise any other considerations. This is your opportunity to emphasize or expand on a previous point or to provide any new information not previously required.

G. Your Video Pitch

You are required to submit a video presentation that captures your own pitch for why your proposed public art project should be funded. You will upload a short digital film using YouTube. Set the Privacy Settings on your video to Public or Unlisted; do not set them to Private. Your video may be extracted from your submission and made available to the public. Please appeal to a broad audience. Video submissions should follow these guidelines:

A recommended length of 90 seconds or less.
If your video is presented in a language other than English, please include English subtitles.

Video submissions that do not follow these guidelines may be removed from the application. Here are some logistical and technical suggestions:

One person (two maximum) should present him or herself during the video.
Focus on providing a personal connection; it is not necessary to produce a sophisticated video.
Video cameras, digital cameras, phones, or laptops are easy-to-use devices for recording video.

Here are general suggestions for delivering a high-quality video pitch:

Introduce yourself and your organization and/or team.
Describe your proposed public art project.
Talk about how your proposed project is unique.
Tell us how you would measure success and achieve broad but meaningful impact.

Hone your content:

Keep your description and language simple.
Demonstrate passion through your words and enthusiasm.
Practice numerous times before recording your video pitch.
Take time to edit your video and seek feedback from others.

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Welcome and thank you for your interest in the New Arizona Prize: Water Public Art Challenge. This Website is managed by RAMPIT, LLC, ("RAMPIT") and all provisions governing your participation in this Competition (including the Services provided through it) are described in the Terms and Conditions ("Terms"), which include the RULES. This Privacy Policy is incorporated into and is a part of the Terms. Capitalized language used, but not defined in this Privacy Policy, may have the meanings given to them elsewhere in the Terms. Please read this Privacy Policy carefully, as it describes what information we gather from you, and how we may use and disclose that information. By registering a User Account and/or by accessing or using this Website, you expressly consent to the information handling practices described in this Privacy Policy.

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This Website contains links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on this Website. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information. We do not sell or share your information with online marketers.

Our Commitment to Children's Privacy:

Protecting the privacy of children is especially important. For that reason, RAMPIT does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of this Website is directed to persons under 18 years-of-age. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THIS WEBSITE FOR THE PURPOSES OF THE COMPETING AT ANY TIME OR IN ANY MANNER. If RAMPIT learns that personally identifiable information of persons less than 13-years-of-age has been collected on this Website without verifiable parental consent, then RAMPIT will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a User Account on this Website, then you may alert RAMPIT at privacy@rampit.com and request that RAMPIT delete that child's personally identifiable information from its systems.

Our Commitment to Data Security:

RAMPIT uses a variety of physical, managerial, and technical safeguards designed to improve the security of our systems and your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to RAMPIT, nor can we guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. You transfer your information to RAMPIT at your own risk.

If RAMPIT learns of a security systems breach, then we will attempt to notify you electronically so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. If you'd like to receive such a notice, please notify us at privacy@rampit.com.

International Visitors

Your information may be stored and processed in any country in which RAMPIT and its affiliates maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Privacy Policy, RAMPIT reserves the right to transfer, store, and process your information outside of your country. Your acceptance of the Terms includes your consent to any such transfer, storage, and processing of your information outside of your country and to the United States.

Changes and Updates to this Privacy Policy

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised at RAMPIT's sole discretion, as provided in the Terms. Note that our amended Privacy Policy will become effective on a going forward basis as set forth in the Terms, except that: (i) unless you agree otherwise, we will use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information; and, (ii) if you do not agree with any changes to the Privacy Policy, you must terminate your participation and cease use of this Website. Your continued use of this Website after a revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of the Privacy Policy.

RAMPIT Contact Information

Please contact RAMPIT with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by email: privacy@rampit.com.

Terms & Conditions

Understand your participation on this website.

RAMPIT, LLC (“RAMPIT”) provides an online platform for peer review competitions through various websites, including but not limited to this website, which are subject to the following terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS SET OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RAMPIT FOR YOUR USE OF THIS WEBSITE AND THE RELATED SERVICES. BY RECOGNIZING YOUR ACCEPTANCE OF THESE TERMS, EITHER BY REGISTERING A USER ACCOUNT AND/OR BY ACCESSING AND USING THIS WEBSITE, AS APPLICABLE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST CEASE USING THIS WEBSITE AND THE RELATED SERVICES.

1. Definitions and interpretation

In this document, the following terms have the following meanings, unless the context otherwise requires:

1.1 "Agreement"means:

these terms and conditions;
any amendments subsequently made to these terms and conditions;
any replacement or novation of this Agreement;
terms and conditions incorporated into this Agreement by reference; and,
any policies (including the Privacy Policy), Rules, terms, conditions, Competition Terms and Conditions, notices and disclaimers contained elsewhere on this Website or provided by RAMPIT in connection with the Services.

1.2 “Competition" means any challenge or contest posted on this Website, however expressed. While the New Arizona prize may consist of multiple challenges or contests, the challenge or contest identified in these Terms and Conditions is the Water Public Art Challenge.

1.3 "Competition Information" means all Content provided in relation to a particular Competition, including the Competition Terms and Conditions.

1.4 "Competition Host" means in relation to any Competition posted on this Website, the person or entity responsible for the Competition or those procuring RAMPIT and/or its owners to post the Competition. For this Competition, the Competition Host is the Arizona Community Foundation, with a place of business at 2201 East Camelback Road, Suite 405B, Phoenix, Arizona 85016.

1.5 "Competition Terms and Conditions" has the meaning given to that term in Clause 2.3.

1.6 "Competitor" means in relation to any Competition posted on this Website, a person, a team of persons, a corporate entity, and/or a public agency who submits or proposes to submit an Entry to the Competition.

1.7 "Content" means any information, files, text, code, material, images, data, sounds, graphics, software, photos, designs, software downloads, goods, services documents, layouts, applet, CGI interfaces, descriptions, illustrations, catalogues, advertisements, audio and video material or specifications contained in or referred to in this Website, obtained through or via this Website or available to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format. Without limiting the foregoing, “Content” includes any Entry submitted via this Website.

1.8 "Entry" means an entry by a Competitor in response to a Competition.

1.9 "Entry Content" means any text, code, map, proposal, plan, materials, designs, documents, descriptions or specifications used, in whole or in part, directly or indirectly, in describing, drafting, developing, devising, calibrating, testing, evaluating, analyzing or generating an Entry, or which itself constitutes the whole or part of an Entry. The term "Entry Content" may include physical copies of the foregoing in addition to electronic copies.

1.10 "Intellectual Property Rights" means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, or trademark rights, whether or not such rights are registered or capable of being registered.

1.11 “Judge” means any individual, organization or other entity represented on this website as responsible for the subjective assessment of Entry Content, either for the purposes of determining or informing the determination of any Prize(s) or designation(s) of Winner(s) in the Competition.

1.12 "Loss" means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs and defense or settlement costs.

1.13 "Posting" means any addition, insertion or uploading of content to this Website, as well as any submission or communication made through or via this Website. For the avoidance of doubt, this includes (in the case of a Competitor) all Entries and Entry Content posted by that Competitor.

1.14 "Privacy Policy" means RAMPIT's privacy policies and notices posted on this Website, specific pages thereof, and/or provided by RAMPIT in connection with the Services.

1.15 "Prize" means any cash award or other forms of recognition and/or benefits to declared or selected Winner(s) or others, as set out in the Competition Terms and Conditions. The Water Public Art Challenge includes a Prize that would consist of the award of a grant through the Arizona Community Foundation for $50,000, based solely on the discretion of the Competition Sponsor to enter into such a separate agreement, as described under Section 9.2.

1.16 "RAMPIT" means RAMPIT, LLC, a Tennessee limited liability company, with a place of business at 805 2nd Avenue South, #3, Nashville, TN 37210.

1.17 "RAMPIT Affiliate" means an entity affiliated with RAMPIT by ownership or common ownership (including The Common Pool, LLC, and 23Com Software, LLC) or any subsidiary of RAMPIT.

1.18 "Services" means the services provided by RAMPIT on or via this Website and includes all Competitions.

1.19 "Third Party Sites" means sites and resources located on servers maintained by others over whom RAMPIT has no control.

1.20 "User" means any person who has registered a user account on this Website. The term "User" includes all Competitors.

1.21 "User Account" means Your online account with RAMPIT which enables You to use this Website and includes (but is not limited to) Your username, password, any assessment scores and feedback.

1.22 "Website" means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of Competitions. Where the context permits, 'website' includes the Services provided on the Website.

1.23 "Winner" means, in relation to any Competition posted on this Website, the Competitor(s) whose Entries are selected by the Competition Host as winner(s) of the Prize. Competitors may disqualify their Entries from this selection by expressly informing the Competition Host of their decision within 48 hours after the close of the competition. Subject to the Competition Terms and Conditions, there can be more than one Winner in relation to any Competition.

1.24 "You" the person or team using the Website, including a User.

2. Agreement to be bound

2.1 Use of this Website is subject to this Agreement. You agree to be bound by this Agreement and any subsequent amendments to this Agreement, as set forth below.

2.2 RAMPIT reserves the right to amend or modify this Agreement at any time, provided that if such modifications materially limit Your rights and/or expand Your obligations hereunder, RAMPIT will notify You electronically, such as by email or through the Website. Such material modifications will take effect on the earlier of the date You indicate Your assent (by clicking "Accept" or otherwise) or 30 calendar days after RAMPIT's notice. No modification of the Agreement will apply to any dispute between You and RAMPIT that arose prior to the effective date of the modification. If at any time You disagree with the Agreement or any modifications thereof, You may terminate this Agreement and shall cease using this Website. Your continued use of the Website after the revised Agreement becomes effective (such as following notice as set forth above) indicates that You have read, understood, and agreed to the revised Agreement. Any new or different terms supplied by You are specifically rejected by RAMPIT unless RAMPIT agrees to them in a signed writing specifically including those new or different terms.

2.3 Competitions may be subject to additional terms and conditions ("Competition Terms and Conditions"). Competition Terms and Conditions will apply in addition to this Agreement and will not limit this Agreement in any way unless RAMPIT notifies the parties to a Competition that this Agreement is amended by the Competition Terms and Conditions. If RAMPIT does not provide such notification to the parties, this Agreement will prevail in the event of any inconsistency between it and the Competition Terms and Conditions.

2.4 RAMPIT may alter this Website from time to time by adding or removing features. This Agreement will not be affected by any alterations to this Website.

2.5 Users may use this Website in the capacity of a Competitor. This Agreement will apply to Your use of the Website in either or both of those capacities.

3. Participation

3.1 In order to participate as a Competitor in this Competition, each team must identify a specific Point of Contact who must register as a User. Other team members may register, but full team registration is not required. Participation on this Website is free.

3.2 Participation is available only to persons and entities who are able to form legally binding contracts under applicable law. If You do not accept this Agreement, You will not be permitted to participate in any Competition or otherwise access or use the Website in any way.

3.3 Without limiting Clause 3.2 above, participation is not available to:

Individuals under the age of 18 years;
Persons whose participation has been permanently suspended or terminated under Section 4;
Persons who are or reside in countries that are prohibited by law, regulation (including United States or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States or its citizens.

3.4 When registering as a User, You warrant to RAMPIT that:

if You are an individual, You are 18 years of age or older and You are registering as a User on Your own behalf and in Your own name (and not on behalf of and/or in the name of a third person);
if You are representing a corporation or other business entity, including but not limited to any public or government organization (agency), You are duly incorporated or organized under the laws of the place of Your incorporation or organization and have full legal capacity and power to enter into and perform Your obligations under this Agreement on behalf of that agency; and
You agree to act in good faith and in accordance with this Agreement.

3.5 No individual or entity may register more than once (for example, by using a different username/email). Your participation may be terminated if you area found either attempting to or acting on behalf of multiple registered User Accounts.

3.6 Acceptance of registration is at the sole discretion of RAMPIT. If RAMPIT believes that any registration has been made in contravention of clauses 3.1, 3.2, 3.3, 3.4 or 3.5 above (or otherwise in breach of this Agreement), it may refuse to accept or terminate the registration.

3.7 You are responsible for all use of this Website made using Your User Account (and/or username/email or password), whether or not You are aware of that use or could reasonably have been aware of that use. You agree to notify RAMPIT immediately if You become aware of any unauthorized use of Your User Account.

3.8 Your User Account is personal to You and may not be sold, assigned, or transferred to a third party. If You attempt to sell, assign, or transfer Your User Account to a third party, RAMPIT may suspend or terminate Your participation, at its sole discretion.

3.9 RAMPIT may communicate with You through the username/email that You provide at registration. You agree to notify RAMPIT within a reasonable time, if there are any changes to Your details. If You fail to notify RAMPIT of any changes to Your details, You agree to waive any objection, claim, defense, or recourse You might have had as a consequence of RAMPIT failing to communicate with You. If You change Your email address and fail to notify RAMPIT of the change, RAMPIT will be deemed to have communicated with You on the date on which it communicated with the email address most recently provided by You.

3.10 You warrant that any Content provided or posted by You (through registration or otherwise):

is not false, inaccurate, misleading or fraudulent;
does not infringe any third party's Intellectual Property Rights or other rights arising at law or otherwise;
is not obscene, defamatory, libelous, threatening or harassing;
does not violate any applicable law;
does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years; and
will not create liability for RAMPIT or cause it to lose the services of its internet service providers or other suppliers (in whole or in part).
will not create liability for the Competition Host of any kind.

3.11 If RAMPIT believes that any Content contravenes Clause 3.10 (or any other provision of this Agreement), it may remove that Content and/or take any other steps as it deems necessary to protect itself or third parties against any Loss. To the maximum extent permitted by law, RAMPIT and the Competition Host will not be liable for any Loss to any person arising from the removal of Content under this Section.

4. Terminating Your Participation

4.1 Subject to Clause 4.2, You may terminate Your participation at any time and without cause by notifying RAMPIT through this Website.

4.2 If You terminate Your participation, this Agreement and any other applicable terms and conditions will continue to apply to any Postings made by You prior to giving the notice described in Clause 4.1 above.

4.3 RAMPIT may, in its absolute discretion, terminate or suspend Your participation at any time and without notice if it believes that:

You have breached this Agreement or any other applicable terms and conditions;
You have acted in a way which is unlawful, or which may create liability for RAMPIT, the Competition Sponsor, our Users, our internet service providers or any other supplier;
RAMPIT is unable to verify any information provided by You; or,
Other Users give negative feedback about You which RAMPIT determines in its absolute discretion is worthy of termination.

4.4 If RAMPIT terminates Your participation, RAMPIT may in its absolute discretion withdraw any Postings submitted or made by You. If RAMPIT terminates Your participation, RAMPIT may, at its sole discretion, immediately withdraw Your Entries, which will have no force and effect from the date on which Your participation was terminated.

4.5 Subject to Clause 4.4, if RAMPIT suspends Your participation, any entries or other Postings submitted or made by You will be suspended for the period in which Your participation is suspended.

4.7 If Your participation is terminated, either by You or by RAMPIT:

You are no longer authorized to access this Website;
all restrictions imposed on You, licenses granted by You and all indemnities, disclaimers and limitations of liability set out in this Agreement (including clauses 11 (Limitation of Liability) and 12 (Indemnities)) will survive, along with clauses 14 (Intellectual Property), 16 (Arbitration) and 18 (Miscellaneous).

5. Use of this Website

5.1 You must not use the Website to facilitate or participate in any illegal activity or engage in any activity which RAMPIT, in its absolute discretion, considers inappropriate. RAMPIT reserves the right to terminate or restrict Your access to this Website immediately and indefinitely if it suspects that You are engaging in any such behavior or are in breach of any terms of this Agreement. You agree that You will only use Your User Account and this Website for the purposes of using the Services and for no other purpose. Without limiting the foregoing, in using Your User Account and accessing the Website, You agree not to:

use Your User Account in a fraudulent or illegal manner, or email or otherwise send any materials from Your User Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
use Your User Account to stalk or harass another person;
use Your User Account to impersonate any person in any way whatsoever;
use Your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person or entity;
use Your User Account to send advertising, chain letters, junk mail, spam or any other type of unsolicited electronic communications;
use Your User Account to send or distribute any Content of any kind which contains a virus, spyware, malware or other harmful, disruptive or destructive component;
intentionally or negligently use Your User Account in a way that degrades performance of this Website to other persons;
manipulate, or attempt to manipulate, any Competition;
use Your User Account or any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the website;
restrict or inhibit any other User from using or enjoying the Website;
distribute any pornographic, extremist or racist material or any material which might otherwise be harmful to persons under the age of 18 years;
violate any applicable law relating to Your use of the website.

6. Terms specific to Competition Hosts

6.1 The Competition Host will have ultimate responsibility for oversight and decision-making related to the Competition and Competition Terms and Conditions on the Website.

6.2 The Competition Host requires RAMPIT to upload and manage the Water Public Art Challenge, and the Competition Host has entered into a separate agreement with a RAMPIT Affiliate to provide the Services.

6.3 When the Competition Host posts on the Website or directs RAMPIT to post on the website, the Competition Host warrants that any Content provided by the Competition Host has not been obtained:

by fraud;
in breach of any copyright, trademark or other Intellectual Property Right;
in breach of any right of privacy or other right arising under applicable law or any agreement entered into by You;
without limiting any of the foregoing, in breach of any other applicable law; or
in any way that may create liability for RAMPIT, its Users, its internet service provider or any other suppliers.

6.4 If You are registered as a Competition Host and are acting as a User on behalf of the Competition Host, for example as a participation in the discussion forums or by interacting with other Users, You further agree when posting to the Competition:

to be bound by this Agreement and all Competition Information (including the Competition Terms and Conditions) relating to the Competition;
to be bound by any representations made in relation to the Competition (including the Competition Information and Competition Terms and Conditions), whether made directly or indirectly, in writing or orally, by or for You;
that You may only post information related to the Competition that supports the goals of offering a skills-based challenge to resolve bona fide problems and not, for clarity, any games of chance;
that You will select the Winner according to the criteria set out in the Competition Information;
that RAMPIT does not guarantee the quality of Entries or any minimum number of Entries, nor the Competitors' title to the Intellectual Property Rights therein; and,
to inform RAMPIT of any additional Competition Terms and Conditions that will govern the relationship between You and Competitors.

6.5 You agree and warrant that You will not cancel a Competition initiated by You for the purpose of contracting separately with any User or Competitor or to avoid paying any Prize.

6.6 If You wish to withdraw a Competition, You must notify RAMPIT in writing.

7. Terms specific to Competitors

7.1 If You are registered as a Competitor, You agree and further acknowledge and agree that:

in making an Entry, to be bound by this Agreement and all Competition Information (including the Competition Terms and Conditions) relating to the Competition;
RAMPIT does not guarantee the accuracy of the Competition Information (or other Content posted on the Website), ownership of any Content, or the availability of any Prize;
any leader board appearing in connection with a Competition is indicative only and makes no representations and creates no entitlements in relation to any Prize;
RAMPIT does not control the decisions of the Competition Host and that any claims You may have in relation to the decisions of the Competition Host (including the selection of the Winner and ranking of Competitors) may be taken solely against the Competition Host, including any defamation or other claims arising from its ranking of Competitors;
RAMPIT is not responsible for any Postings provided by other Users or for the accuracy of Content provided by other Users;
RAMPIT is not liable to pay any Prize, and You will look solely to the Competition Host for payment of any Prize;
in the event that You have any dispute with another User, You release RAMPIT from all claims of any kind arising from that dispute;
You will not initiate contact with a Competition Host for the purpose of contracting separately with the Competition Host and/or circumventing any Competition; and,
an Entry will be deemed to have been logged at the time that it is received by RAMPIT. You agree that neither RAMPIT nor the Competition Host is responsible for any Entry not being received due to technical reasons or otherwise.

7.2 Judges are permitted to interact with Competitors to carry out due diligence, as necessary, to evaluate Entries against judging criteria. It is the responsibility of each Competitor to respond to inquiries from Judges in a timely manner.

7.3 The Competition Host reserves the right to conduct an administrative review of any Entry in order to screen for completeness and other Entry Content requirements (as described in the Competition Terms and Conditions) before distributing approved Entries to Judges.

7.3 Competitors permit RAMPIT and/or the Competition Host to publish any Entry, Entry Content, or Content to other Competitors, Judges or other designees, as necessary, to promote greater transparency, collaboration, and follow-on investment for Competitors during the Competition. For further information regarding the sharing of Entries, Entry Content, and Content, please refer to Section 14, Intellectual Property, the Rules, and the Privacy Policy.

8. RAMPIT's relationship with Competitor and Competition Host

8.1 RAMPIT is not involved in any way in the formation of any contract between the Competitor and the Competition Host. RAMPIT at no time acts as an agent for a Competitor or a Competition Host.

8.2 RAMPIT will not be liable to any Competitor in any respect if a Competition Host or Competitor fails to perform its obligations under this Agreement or the Competition.

8.3 The Competition Host will at all times be liable to pay Prize(s) to the Winner(s) in accordance with the Agreement and the Competition Terms and Conditions. RAMPIT will have no liability whatsoever in respect to the failure of a Competition Host to pay Prize(s) to Winner(s), and You acknowledge and agree that You will not take action of any kind against RAMPIT in respect to any claim for a Prize that You may or may not have or wish to make.

9. Terms specific to Winners and Competition Hosts

9.1 The Winner(s) agree that payment of any Prize(s) is conditional upon receipt by the Competition Host of any Entry Content used or consulted by the Winner in generating the winning Entry and that Prize(s) will not be paid until this condition has been satisfied.

9.2 The Winner and the Competition Host acknowledge and agree that once the Winner has been chosen and notified, the Winner will enter into a separate, binding and direct agreement (a grant agreement) with the Competition Host in accordance with the Competition Terms and Conditions and in relation to the provision of the Entry, the Prize and the rights of the Winner(s). This grant agreement will provide the terms for use of the Prize money, as well as the metrics that will be used to evaluate the proposed measure(s) of an Entry’s success. The grant agreement will state that the Prize money must be used to further the plan proposed in the Entry as part of the competition and will include a detailed budget. That budget may be used to stipulate the schedule upon which any funds are paid to the Winner. RAMPIT and its third party providers will not be a party to this separate agreement and will have no responsibility or liability whatsoever in relation to the performance or failure to perform under the separate agreement.

9.3 Each Competition Host acknowledges that RAMPIT does not make any warranties or representations as to the accuracy or utility of any Entry or associated Entry Content.

10. Taxes on Prizes

10.1 You will be responsible for any tax, levy, or other charge that may arise under any applicable law from the use of this website, including from the award of any Prize. You acknowledge that You will not be entitled to demand any additional payment by reason of any Prize being subject to any tax, levy, or other charge in any jurisdiction.

11. Limitation of liability

11.1 THIS WEBSITE AND SERVICES, AND ALL CONTENT ASSOCIATED THEREWITH, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAMPIT (ALONG WITH THE COMPETITION SPONSOR) AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RAMPIT DOES NOT WARRANT THAT THIS WEBSITE AND RELATED SERVICES AND THE CONTENT PROVIDED THROUGH IT, INCLUDING THE ENTRIES AND ASSOCIATED ENTRY CONTENT, TO BE AVAILABLE, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES).

11.2 UNDER NO CIRCUMSTANCES WILL THE COMPETITION HOST NOR RAMPIT NOR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THIS WEBSITE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, EVEN IF RAMPIT OR A RAMPIT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the generality of the foregoing, You agree that neither RAMPIT nor the Competition Host is responsible for any Loss arising out of, or in any way connected with:

delay or inability to access or use this Website;
reliance on any Competition Information or other Content;
the transmission of any computer virus, however occurring;
any unauthorized access to, modification or alteration of Content;
any Content sent or received or not sent or received;
any transaction entered into through this Website;
any infringement of rights, including Intellectual Property Rights;
any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Content or conduct of any party;
any Content sent by any third party using and/or included in this Website;
termination of Your participation; or
any delays, interruptions, inaccuracies, errors, omissions or cessation of services.

11.3 For the avoidance of doubt, You acknowledge that RAMPIT is a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the Users' Postings. If, notwithstanding the provisions of this Clause 11.3, a court of competent jurisdiction holds RAMPIT liable in respect of any matters arising under or incidental to this Agreement, RAMPIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR RELATED SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THIS WEBSITE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $100.

11.4 You agree that RAMPIT and its third party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in RAMPIT complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:

fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or industrial strike;
telecommunications failure, hardware failure or software failure;
the failure of any third party to fulfill any obligations to RAMPIT; or
any other circumstance or event which is or is not within the reasonable control of RAMPIT.

12. Indemnity

12.1 You agree to indemnify and hold RAMPIT and the Competition Host, its owners, officers, employees, agents and suppliers, harmless from all claims and Losses (including legal fees) due to or arising out of or in connection with Your Postings, Competition, Competition Information and other Content (as applicable), Your use of this Website, or Your breach of this Agreement.

13. Access to the Site outside of the United States

13.1 RAMPIT does not represent or warrant that the content on this Website complies with the laws of any country outside of the United States. If You access this Website from outside the United States, You do so at Your own risk.

14. Intellectual property

14.1 You acknowledge that, as between the parties, RAMPIT is the owner of all Intellectual Property Rights in and to this Website (excluding Postings). You acknowledge that You have no Intellectual Property Rights in or to this Website except for a limited license to use as necessary to participate in a Competition or evaluate the possibility of such participation.

14.2 You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos, and artwork, including the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, provided by RAMPIT or its licensors on this Website, is owned or licensed by or to RAMPIT and is protected by applicable copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed, or distributed in any way by You without RAMPIT's prior written consent.

14.3. You acknowledge that all components of your Entry (text, graphics, photos, videos, etc.) can be used by the Competition Host and RAMPIT in promotional efforts that support the Water Public Art Challenge and the use of the website. This includes but is not limited to posting elements of your Entry on this website, social media channels, or sharing them with traditional media outlets for potential publication, posting to the Arizona Community Foundation or other related websites, etc.

15. Third party sites

15.1 From time to time, RAMPIT may provide, or any Content may contain, links to Third Party Sites and resources (e.g., www.youtube.com). You acknowledge that:

RAMPIT has no control over Third Party Sites and resources;
RAMPIT is not responsible for the availability of such external sites or resources; and,
RAMPIT does not endorse and is not responsible for any content, advertising, products, services, or other materials on or available from such sites or resources.

15.2 You acknowledge and agree that RAMPIT will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with Your use of or reliance upon any Content or material available on or through any Third Party Sites or resource.

16. Arbitration

16.1 In the interest of resolving disputes between You and RAMPIT in the most expedient and cost effective manner, You and RAMPIT agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and RAMPIT are each waiving the right to a trial by jury or to participate in a class action.

16.2 You and RAMPIT agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either parties’ rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies, where such actions are available; (iii) seek injunctive relief in a court of law; (iv) file suit in a court of law to address intellectual property infringement claims.

16.3 Any arbitration between You and RAMPIT will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

16.4 Any party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail ("Notice"). RAMPIT's address for Notice is: RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210 or support@rampit.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and, (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 calendar days after the Notice is received, You or RAMPIT may commence arbitration proceedings.

16.5 Any arbitration hearings will take place at a location to be agreed upon in Nashville, TN, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 calendar days of the arbitrator's ruling on the merits.

16.6 YOU AND RAMPIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and RAMPIT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

16.7 If only Clause 16.6 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to the Agreement.

17. Digital Millennium Copyright Act

17.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing RAMPIT's copyright agent (the "Copyright Agent") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17.2 RAMPIT's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210., email: support@rampit.com. You acknowledge that if you fail to comply with all of the requirements of this Section 17, your DMCA notice may not be valid.

17.3 If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nashville, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

17.4 If a counter-notice is received by the Copyright Agent, RAMPIT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RAMPIT's sole discretion.

18. Miscellaneous

18.1 As defined in Clause 1.1, this Agreement is the entire agreement between You and RAMPIT relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and RAMPIT with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties, or by a change made as provided in Clause 2.2. If any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of this Agreement, which is severable from said provision and will remain in full force and effect.

18.2 If You breach any provision of this Agreement and RAMPIT has knowledge (either actual or constructive) of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of its legal rights. Any waiver of rights under this Agreement must be in writing and signed by RAMPIT.

18.3 All matters relating to this Website and this Agreement are governed by and are to be construed according to the laws applicable in the state of Tennessee, United States (without regard to any Rules governing choice of law). If one or more of the exceptions from arbitration expressly set forth in Section 16 above apply, You agree unconditionally to submit to the exclusive jurisdiction of the courts in Davidson County, Tennessee, in relation to all matters arising out of or in any way connected with this Agreement or this Website.

18.4 RAMPIT may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer Your rights or obligations under this Agreement without the prior written consent of RAMPIT. Any assignment attempted in violation of this Clause 18.4 shall be void.

18.5 The parties agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.

18.6 Unless otherwise requested in writing by You, RAMPIT may refer to You and Your corporate or represented identity (if applicable) as part of promoting this Website and RAMPIT in the marketplace.

18.7 RAMPIT accepts content uploaded from Users in good faith and on the basis of warranties provided by Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including all Users) on this Website. RAMPIT at no time makes any representations as to the accuracy of any information provided on this Website.

18.8 You acknowledge and agree that to the extent that this Agreement relates to a Competition, a prospective Competition or any Posting, this Agreement is intended to also be for the benefit of the Competition Host, the Competitors and other Users, who are entitled to enforce the provisions of this Agreement.

18.9 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to RAMPIT must be emailed to RAMPIT at support@rampit.com.

18.10 In the interpretation of this Agreement, unless the contrary intention appears:

the words 'includes' or 'including' mean 'includes without limitation' or 'including without limitation';
a reference to a 'person' or 'entity' includes a reference to an individual, group of individuals, corporation, firm, association or other entity, a government or public 'agency';
the singular includes the plural and vice versa;
an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally, and headings are inserted for convenience only and do not affect the interpretation of this Agreement.

Resources

The Water Public Art Challenge encourages the storytelling aspect and education opportunity afforded by public art while emphasizing the historical significance of the Huhugam* cultural impact on our present-day existence. Huhugam* culture offers a foundation for understanding the history of engineering, architecture, technology, art, and trade in the Valley of the Sun.