Winners Affidavit of Eligibility and Release

April 2004 Competition

INSTRUCTIONS: Winners must fill out this document so that ThinkQuest can confirm your eligibility as a winner of the ThinkQuest Competition. Please read the document and fill out the places where you are asked for information. At the end of the document you will see a place for your signature (and/or your parent's signature). You will also see an area that needs to be filled out and signed by a Notary Public, an Apostille or the equivalent official within your country. The Notary Public, Apostille or equivalent official in your country will certify that your signature is valid. This step must be completed for you to submit this affidavit and accept your prize.

I, ________________, hereby submit this Affidavit of Eligibility and Release under oath to ThinkQuest Judges, official judges in the ThinkQuest Competition (the "Competition") sponsored by The Oracle Education Foundation (the "Sponsor").  I understand that it will be relied upon to determine my eligibility to receive the winning prize (the "Prize") in the Competition.  Each winning team member (primary and assistant coaches, students, and one parent per student) will be eligible to attend a trip to ThinkQuest Live in San Francisco, CA USA.  This trip to San Francisco is valued at approximately $4,000 USD per winning team member. In consideration of receiving the Prize, I hereby agree and acknowledge that:

Date of Birth _______________________
I am a resident of the State/Province of ________________ and reside at 
(Street Address) _______________________________________________
(City/State/Zip/PostalCode) ______________________________________
(Country) _____________________________________________________
(Citizenship) __________________________________________________
(Telephone Number) ____________________________________________

My Social Security (or other identifying) Number is ____________________

(b)  If the above is a student who will be traveling with a parent/guardian chaperone, to be completed by the parent/guardian chaperone who will attend:

Name _________________________________
Date of Birth ___________________________

I am a resident of the State/Province of ________________ and reside at 
(Street Address) _______________________________________________
(City/State/Zip/PostalCode) ______________________________________
(Country) _____________________________________________________
(Citizenship) __________________________________________________
(Telephone Number) ____________________________________________

My Social Security (or other identifying) Number is ____________________

(a) To be completed by the winning team member (student or coach):

(b) If the above is a student who will be traveling with a parent/guardian chaperone, to be completed by the parent/guardian chaperone who will attend:

3. I understand that I will be solely responsible for all federal, state, VAT, withholding, municipal or other governmental taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed and other costs I may incur in connection with my participation in the Competition and my receipt of the Prize.

4. I, for myself, and my heirs, administrators and successors, hereby release Sponsor, its parent corporation, and each of their directors, employees, shareholders, members, officers and agents, including without limitation its advertising and promotion agencies (all together called the "Sponsor Group") from any and all liability, claims or causes of action which may arise out of or in connection with my participation in the Competition or my receipt of the Prize.  I, for myself, and my heirs, administrators and successors, hereby agree to indemnify and hold the Sponsor Group harmless from any and all liability, loss, damage, cost or expense of any nature whatsoever (other than costs of the Prize expressly assumed by Sponsor), including all reasonable attorneys' fees and court costs, incurred by the Sponsor Group as a result of actions taken by me in connection with my participation in the Competition and/or my receipt of the Prize.

5. (a) Without additional compensation, I hereby grant Sponsor permission to use my name, voice, likeness and biographical material about me in connection with the advertising and promotion of its products, for both broadcast and nonbroadcast purposes in all media, in such manner and at such times as Sponsor in its sole discretion, may deem appropriate or desirable, provided that such use relates to my status as a participant in the Competition and/or a recipient of the Prize.  I hereby waive all right of inspection and release Sponsor from any and all liability arising out of any such use of my name, voice, and likeness and/or biographical material about me.  I further agree that the timing of any public announcement and all other publicity relating to my participation in the Competition and/or my receipt or use of the Prize will be subject to Sponsor’s approval and, to that end, I agree not to discuss with the media, publicize or otherwise disclose to any third party any information whatsoever relating to my participation in the Competition and/or receipt of the Prize without the express prior written approval of a duly authorized representative of Sponsor.

(b) Pursuant to Section VIII(b) of the ThinkQuest Entry Submission Agreement, upon submission, I understand that my entry (Entry) shall become the exclusive property of the Sponsor, and I shall and hereby do assign to the Sponsor all of my right, title, and interest in and to any Entry content, including without limitation, all concepts, know-how, techniques, ideas or materials comprising or included in my Entry without any restrictions, liability, or accounting to me or any third party, except to the extent the Entry comprises materials or intellectual property rights owned by third parties (Third Party Materials).  To the extent the Entry includes any Third Party Materials, I hereby grant the Sponsor an irrevocable, fully-paid up, perpetual, transferable, fully-sublicensable, exclusive right and license to use such Third Party Materials, solely as embodied in the Entry.

6. If any statement made by me in this Affidavit is false or misleading, I will immediately return to Sponsor upon demand a cash amount equal to the fair market value of the Prize on the date hereof.

7. This Affidavit of Eligibility and Release is to be governed by the internal laws of the State of California and the United States of America. I hereby (1) waive all right to trial by jury; (2) consent to the exclusive jurisdiction of the Supreme Court of the State of California and of the United States District Court for the San Mateo County District of California; and (3) consent that any process of notice of motion or other application to the court or judge thereof may be served within or without the State of California by registered or certified mail, or by personal service, provided a reasonable time for appearance is allowed.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement.

8. The parties confirm that this Affidavit and all related documentation will be drafted in English.  Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattaché, soient redigés en langue anglaise.  The original and controlling version of this Affidavit shall be the version using the English language. All translations of this Affidavit into other languages shall be for the convenience of the parties only, and shall not control the meaning or application of this Affidavit. All notices and other communications required or permitted by this Affidavit must be in English, and the interpretation and application of such notices and other communications shall be based solely on the English language version thereof. La version originale et controllante de cette Attestation et la version Anglaise.  Toutes les traductions de cette Attestation dans une autre langue est uniquement pour le bénéfice des parties et ne sera pas contollant du sens de l'Attestation.  Touts les avis et communications requis ou permis part cette Attestation doivent etre dans la langue Anglaise et touts les interpretations et les applications de ces communications sera dans la langue Anglaise.

PLEASE TAKE THIS DOCUMENT TO EITHER A NOTARY PUBLIC, AN APOSTILLE OR THE EQUIVALENT OFFICIAL IN YOUR COUNTRY AND SIGN THE DOCUMENT IN THE PRESENCE OF THAT PERSON.  THE NOTARY PUBLIC, APOSTILLE, OR OTHER OFFICIAL IN YOUR COUNTRY WILL THEN SIGN AND STAMP THE APPROPRIATE PAGE TO CERTIFY YOUR SIGNATURE. 

_______________________________________
Signature of the Member of the Winning Team (student or coach)

_______________________________________
If the above is a student who will be traveling with a parent/guardian chaperone, signature of the Parent/Guardian who will attend

If Participant has not reached the age of majority in his/her state or province of residence, his/her custodial parent or legal guardian hereby agrees to and acknowledges the foregoing on behalf of him/herself and the Participant.

________________________________
Signature of Custodial Parent or Legal Guardian

________________________________
Print Name of Custodial Parent or Legal Guardian

______________________
Date

NOTARY PUBLIC

State/Province of ___________)

County/ of ___________) ss.

__________________________ appeared before me this day in person and acknowledged the foregoing Affidavit of Eligibility and Release to be his/her free act and deed this ______ day of _____________________ , 20_____.

___________________________________
Notary Public

My commission expires:   ______________

APOSTILLE

Country:   ___________________________________

This public document has been signed by:  
____________________________________________

acting in the capacity of: _______________________

bears the seal/stamp of: _______________________

CERTIFIED

at: __________________________________

the: _________________________________

by: __________________________________

No.: _________________________________

Seal/Stamp

Signature: _____________________________