Macmillan Learning’s Speakers’ Bureau Travel Grant Program
Selection Process and Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING AN APPLICATION.
- The Program. The Macmillan Learning Speakers’ Bureau Travel Grant Program (the “Program”) is conducted by Macmillan Learning, doing business as Macmillan Learning (“Macmillan Learning”). The Program consists of an opportunity for college or university instructors and/or administrators selected by Macmillan Learning to receive grants of up to $1000 as reimbursement for expenses incurred by recipients in connection with their attendance at certain conferences or events at which their use of data derived from a Macmillan Learning product (“Macmillan Learning product) may be discussed. This document (the “T&C”) sets forth the terms and conditions on which Macmillan Learning will accept applications from instructors who wish to receive grants. Macmillan Learning intends to select a limited number of grant recipients from time to time. Not all applicants will be selected as grant recipients. The number of grant recipients will be determined by Macmillan Learning in its discretion. Macmillan Learning is not obligated to award any grants or any particular number of grants, or to award grants on any particular schedule or with any particular frequency. Grants will be awarded only in connection with the recipients’ attendance at the conferences approved by Macmillan Learning.
- Eligibility: Applications will be accepted only from individuals who, during the year prior to the date on which the application is submitted, have administered a Macmillan Learning Program Assessment at an accredited institution of higher learning in the United States. In addition, as of the date of submission of the application, the applicant must be 18 years of age or older and a legal resident of one of the 50 states of the United States or the District of Columbia and must be employed or otherwise actively working in academia. Each applicant is responsible for making all arrangements with the applicant’s employer and any educational institution with which the applicant is affiliated that are necessary for the applicant to participate in the Program and, if selected, to receive a grant, and to make the grants of rights and agreements that are contained in these T&C. Employees, officers and directors of Macmillan Learning or any of the Macmillan Learning Companies, and any member of the immediate family (i.e., a spouse, parent, grandparent, child or grandchild of the applicant) or household of any of such employee, officer or director, are not eligible to participate. The Program is void where prohibited and no purchase is necessary to participate.
- Application Period: Applications will be accepted on a rolling basis until such time as Macmillan Learning elects to terminate the Program. If Macmillan Learning terminates the Program, it will post a notice on the Website (as defined in Section 4).
- How To Apply: To apply, the applicant must complete the online application located at https://go.macmillanlearning.com/speakers-bureau.html (the “Website”), including (a) providing the name, address, e-mail address and phone number of the applicant and the name of the educational institution with which the applicant is affiliated, if any, (b) providing the name and any other information requested by Macmillan Learning concerning the conference or event for which the applicant seeks a grant (the “Conference”), (c) submitting an Abstract (as defined in Section 5) via the Website and (d) otherwise following the instructions provided on the Website. To be eligible, the application must be completed and received at least 30 days prior to the date of the Conference (as defined in Section 5). Proof of transmission is not proof of receipt. Macmillan Learning’s computer will be the official clock for the application program. Macmillan Learning reserves the right not to acknowledge, respond to or return any e-mail or application.
- Abstracts and Application Questions: Each applicant must submit an abstract (the “Abstract”) of the presentation that the applicant intends to deliver (the “Presentation”) at the Conference. The Presentation must relate to how the applicant is using the data derived from a Macmillan Learning Program Assessment to enhance the quality or success of the applicant’s program or to improve student life. The Abstract must be written in English and must not be more than 1,000 words in length. The Abstract should include the following: (a) identification of the applicable Macmillan Learning Program Assessment(s) that students were required to take during the prior academic year; (b) the title of the Presentation; (c) experience and background of applicant and (d) a description of the proposed Presentation. In addition, each applicant must answer additional questions presented via the application website concerning why the applicant should be selected to receive a grant, which may include how the topic of the applicant’s presentation is relevant to Macmillan Learning and what the applicant’s plans are for dissemination of any research results. Each applicant must retain a copy of his or her Abstract. Abstracts and Presentations and any other information submitted in connection with an application must not contain any information that identifies any particular student. Each Abstract must comply with all of the guidelines set forth in Section 10.
- Evaluation of Abstracts: Personnel determined by Macmillan Learning will review the applications to identify those that are complete and otherwise appear preliminarily to satisfy the application requirements set forth herein. Applications that appear preliminarily to be complete and to satisfy the application requirements will be evaluated in accordance with the following criteria, which will be equally weighted (the “Selection Criteria”): (a) the thoroughness, quality and compelling nature of the Presentation; (b) the compelling use of the data derived from a Macmillan Learning Program Assessment, (c) the organization and writing quality of the proposed flow/outline of the Presentation, (d) the sufficiency of applicant’s experience and background in relation to the Presentation, and (e) likelihood of appeal to Conference attendees.
- Grant Recipient Selection and Notification: Macmillan Learning expects to attempt to contact potential grant recipients at least one month prior to the Conference date by telephone or e-mail, in Macmillan Learning’s discretion, using the contact information contained in the application. If a potential grant recipient is unreachable by phone and/or e-mail, as determined by Macmillan Learning, during a period of seventy-two (72) consecutive hours, Macmillan Learning will have the right in its discretion to deem the potential recipient disqualified.
- Eligibility Verification and Certification Documentation: Each potential grant recipient is subject to verification of the recipient’s eligibility and compliance with these T&C. In addition, before a grant is provided to the potential grant recipient, the grant recipient will be required to confirm that his or her Presentation has been accepted by the conference organizer and that the grant recipient’s delivery of the Presentation at the conference has been confirmed. Each potential grant recipient will be required to complete and return to Macmillan Learning, within the time period specified by Macmillan Learning, a certification confirming that the potential recipient’s delivery of the Presentation at the Conference and receipt of the grant is consistent with applicable law and with the rules and policies of the educational institution with which the potential recipient is affiliated (which may be from the school’s legal counsel, ethics officer or designated executive) and with any rules and policies applicable to the Conference, and such other documentation as Macmillan Learning may reasonably require in its discretion (“Certification Documentation”). All eligibility determinations will be made by Macmillan Learning in its discretion. If a potential grant recipient does not complete, sign and return all required Verification Documentation within the required time period, Macmillan Learning will have the right in its discretion to disqualify the potential recipient.
- Grants: Grants will be awarded in the form of a check or via another payment amount determined by Macmillan Learning, in an amount up to (but which may be less than, as determined by Macmillan Learning) $1000. The grant is to be used by the recipient to pay for registration fees, lodging and/or transportation costs incurred by the grant recipient in connection with the recipient’s attendance at the Conference. To receive the grant, the grant recipient must submit such verification of expenses (e.g., receipt or invoices) as Macmillan Learning may require. Payment of the grant will be made after receipt by Macmillan Learning of such verification. Macmillan Learning will not be required to reimburse of the recipient’s expenses in excess of $1000. The right to receive a grant is not transferable, except as Macmillan Learning may permit in its discretion.
- Disclosure of Grant: Each applicant agrees to make such disclosures as are required in connection with any presentation, remarks or comments made by the applicant concerning any of the Macmillan Learning Companies or any Macmillan Learning product, if any, including such disclosures as may be required by the Federal Trade Commission’s Guides to the Use of Endorsements and Testimonials, if any. This includes, without limitation, in connection with any remarks or commentary made by the applicant (including, but not limited to, at a Conference or in a Presentation) concerning Macmillan Learning or any Macmillan Learning product, and in any materials provided or presented in connection with the Conference, disclosure of the fact that the recipient received a grant or applied to receive a grant from Macmillan Learning. Each applicant that refers to or mentions Macmillan Learning or any Macmillan Learning product in connection with any remarks or commentary made by the applicant (including, but not limited to, at a Conference or in a Presentation) or in any material prepared by the applicant (including, without limitation, any material comprising or accompanying the Presentation) shall ensure that such statements reflect the honest opinions, findings, beliefs and/or experiences of the applicant with respect to Macmillan Learning and the Macmillan Learning products.
- Submission Guidelines: Each Abstract, and all other information submitted in connection with an application, (a) must be original, (b) must not contain any material that personally identifies any student and (c) must not contain any material that does or will violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks, patents or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations. Macmillan Learning reserves the right in its sole discretion to disqualify and/or not accept any application, Abstract or Presentation that Macmillan Learning determines does not comply with these guidelines. Each applicant shall indemnify, hold harmless and defend the Macmillan Learning Companies from and against all claims, actions, suits and proceedings, and all costs (including, without limitation, attorney’s fees), penalties, assessments, judgments, decrees, losses, fees, damages and liabilities, arising from or in connection with any actual or alleged violation by the applicant of any of these guidelines.
- Release and Assumption of Risk: By submitting an application or participating in the Program, each applicant, on behalf of the applicant and his, her or its heirs, personal representatives, guardians and assigns, voluntarily and knowingly completely and forever releases, waives and discharges each of the Macmillan Learning Companies, each of their respective parent companies, affiliates and subsidiaries, each of their respective successors, and the directors, officers, employees and assigns of each of the foregoing, and all people and entities involved in the development or execution of the Program (all of the foregoing, the “Released Parties”) from and against any and every kind of claim, demand, liability or cause of action of whatever kind or nature, known or unknown, that the applicant ever had, now has or might in the future have arising in any way from or related to the Program or the applicant’s attendance at a Conference, including without limitation any and all claims, demands, liabilities or causes of action based upon or alleging any personal injury or death to an applicant or any other person or any property damage or loss (including, without limitation, with respect to a grant recipient, in connection with any travel to or participation in the Conference). Applicants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in the Program (including, without limitation, with respect to a grant recipient, in connection with any travel to or participation in the Conference). “Macmillan Learning Companies” means Macmillan Learning and each of Macmillan Learning’s affiliates, subsidiaries and parent companies.
- No Limitation on Macmillan Learning’s Activities: Each applicant acknowledges that each of the Released Parties have engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of educational, technical, academic and other material (collectively, “Materials”), including without limitation Materials that may be similar to an applicant’s Presentation, and that other people may previously have submitted to the Released Parties Materials that are similar to an applicant’s Presentation. Each applicant agrees that the applicant will not be entitled to any compensation or credit in connection with, and will not have and waives any other legal, equitable or other rights or claims of any nature with respect to, the use by any of the Released Parties of any Material that is similar to any Presentation or any component thereof.
- General Conditions: By submitting an application, each applicant confirms that he or she has secured all required permissions from the applicant’s employer and any educational institution with which the applicant is affiliated that are necessary with respect to the applicant’s potential participation in the Program, and that the applicant’s participation in the Program will be consistent with applicable law and with the rules and policies of the educational institution with which the applicant is affiliated. Macmillan Learning reserves the right in its sole discretion to modify these T&C or to change any of the dates and times set forth in the T&C without advance notice. If Macmillan Learning modifies these T&C, the modified T&C will be posted on the Website and such modified T&C will take effect when posted. Macmillan Learning reserves the right in its sole discretion to disqualify or prohibit from participating in the Program any individual who, in Macmillan Learning’s discretion, Macmillan Learning determines or believes has tampered with the application process or has undermined the legitimate operation of the Program or the application process by cheating, hacking, deception or other unfair practices or has attempted or intends to do so. Macmillan Learning reserves the right, in its sole discretion, to cancel, modify or suspend the application process should a virus, bug, technical problem, fraud or misconduct, or any other cause beyond the control of Macmillan Learning, corrupt the administration, integrity, security or proper operation of the application process or for any other reason in Macmillan Learning’s discretion. In the event of termination of the application process, a notice will be posted online. All federal, state and local laws and regulations apply. Applications will not be returned. Each applicant shall be bound by and comply with the T&C and the decisions of Macmillan Learning, which are final and binding in all respects. Any legal proceedings arising out of this Program or relating to these T&C shall be instituted only in the federal or state courts located in New York County in the State of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. Each applicant agrees that in no event shall the applicant have the right to enjoin or otherwise interfere with the exercise by Macmillan Learning of any of its rights hereunder or to terminate or rescind his or her agreement to these T&C. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission of an application, but in no event attorneys' fees; and under no circumstances will any applicant be permitted to obtain any award for, and each applicant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
