*Previously referred to as the Hohokam People
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.
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.
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: firstname.lastname@example.org
The Competition Host is the Arizona Community Foundation, with a place of business at:
2201 East Camelback Road, Suite 405B, Phoenix, Arizona 85016.
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).
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.
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.
Please provide a title for your proposed art piece. This title may be displayed on the competition website post-submission so please be descriptive.
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.
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.
Please provide the name of your organization. If you are applying as a team of individuals, provide a short descriptive name.
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.”
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?
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.
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.
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.
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).
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?
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.
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.
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?
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.
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.
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?
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.
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.
Describe using the below table the milestones and timeline needed to create and implement your proposed public art project.
Provide a narrative description of your milestones and timeline, clarifying any items that may need further explanation.
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.
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.
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.
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.
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.
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:
Video submissions that do not follow these guidelines may be removed from the application. Here are some logistical and technical suggestions:
Here are general suggestions for delivering a high-quality video pitch:
Hone your content:
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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.
In this document, the following terms have the following meanings, unless the context otherwise requires:
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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.
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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.
10.1 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.
11.1 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:
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:
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.
13.1 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.
14.1 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.
15.1 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:
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.
16.1 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 email@example.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.
17.1 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):
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: firstname.lastname@example.org. 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:
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.
18.1 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 email@example.com.
18.10 In the interpretation of this Agreement, unless the contrary intention appears: