Rules & Regulations

The “Move Mining Next Gen” Competition (“Competition”) is designed to give youth ages 5 through 18 the chance to explore how mining is impacting their everyday lives and create video in which they are sharing what they learned with the world. Your video could be a winner if it’s powered by creativity, education and fun and fully answers the question, Why Is Mining Important in Our Lives?

You can enter the Competition as an individual or as a team of up to six (6) members. All team members must be in the 5 through 18 years age group at time of entry. Teams with individuals who do not meet those age requirements will be disqualified, and their Submissions will be void. For purposes of these Official Rules, Individuals and Teams shall collectively be known as “Entrants.” All teams must have a parent, guardian or adult team sponsor as the primary contact for the team.

Your video can be as simple as a shot of you explaining your idea, or as elaborate as an animation. It’s up to you! But the video must be produced by you, the Entrant, and be about your idea.

Videos must be submitted in English.

Here’s how it works:

No purchase necessary to enter or win.

The “Move Mining Next Gen” Competition (“Competition”) is designed to give people ages 5 years through 18 the chance to share their message about why mining is important in our lives. Competition entrants will explain their idea in a video. Videos are featured on the Move Mining Next Gen website (www.moveminingnextgen.org), the MEC YouTube channel and the MEC Facebook page. By participating in this Competition, Entrants agree to be bound by these Official Rules and the Sponsor’s decisions, which are final and binding on all matters relating to the Competition.

The Competition submission period begins at 12:00 a.m. M.D.T. on September 9, 2019, and ends at 11:59 p.m. M.D.T. on Jan. 8, 2020 (the “Submission Period”). The Sponsor of this Competition is MEC (MINERALS EDUCATION COALITION), 12999 E. Adam Aircraft Circle, Englewood, CO 80112.

The Competition will operate as described below, on or about the stated dates:

Submission Period (9/9/19 – 1/8/20): Videos are submitted according to the “How to Enter” description in Section 3 of the Official Rules.

Judging Period (1/9/2020 – 1/22/2020): Videos will be reviewed by a panel of industry experts. Winning videos will be in one of four (4) categories: Best Overall, Best in Grades K-5, Best in Grades 6-8, Best in Grades 9-12 and People’s Choice Award.

People’s Choice Voting Period (9/9/19 – 1/22/20): Videos are available to view at www.MoveMiningNextGen.org. The video with the most “likes” during the Voting Period (as of 11:59 p.m. M.D.T on January 22, 2020) will become the “People’s Choice Winner.”

Eligibility

Competition is open to all entrants (“Entrants”) who are 5 to 18 years of age and have Internet access as of the date of submission. Employees, officers and directors of Sponsor, members of their immediate families, and those living in the same household, are ineligible. Each Entrant must be the rightful owner of the E-mail address registered with the video when submitted (as described in Section 3, below). If Entrants enter as a team, one team member must be designated as the “Team Leader.” For all teams, a parent, guardian or adult team sponsor must be designated as the team lead. Entry constitutes Entrant’s certification that entrant meets the eligibility requirements set forth in these official rules. Sponsor reserves the right to verify eligibility of any potential winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Individuals and teams do not need to be a member of SME to participate in Move Mining Next Gen.

How to Enter

To enter, visit www.moveminingnextgen.org and submit your video through the video upload form. Videos must be less than 3 minutes long. Videos will be loaded onto the MEC YouTube channel and subsequently loaded into the Move Mining Next Gen website for competition voting. You must completely and accurately submit all required information to enter. If Entrants enter as a team, one team member must be designated as the “Team Leader.” For all teams, a parent, guardian or adult team sponsor must be designated as the team lead. Entry constitutes Entrant’s certification that entrant meets the eligibility requirements set forth in these official rules. Sponsor reserves the right to verify eligibility of any potential winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Entrants under age 18 (minors) need parental permission to enter the Competition.

Parent, guardian or adult team lead must complete the registration form on movemining.org (at the foregoing link) for a minor’s entry to be valid. If minors are working as a team, an adult 19 years or older must be designated as a team member and must complete the online form for each member of the team for the entry to be valid as well as the provided parental consent form for each participating team member. Once we verify all necessary information, the video submitted will be loaded into the MEC YouTube channel and subsequently will be added to the official competition website. Please be aware that this may take a number of days.

All Submissions must be received by 11:59 p.m. M.D.T. on January 8, 2020. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Submission on the Competition Homepage, based on clear intent to comply with the Official Rules, as determined in the Sponsor’s sole discretion.

The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Video Submission, including releases from the submitting Entrant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Competition. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements.

Entrants may enter more than once, as long as all entries comply with these Official Rules, including without limitation the Video Submission Requirements.

ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

Video Submission Requirements

So what’s in this video? It must:

Be a maximum of three (3) minutes in length; Be submitted in one the formats that YouTube accepts. Any other formats submitted and/or exceeding the time limit will be disqualified. Be the Entrant’s original idea (modification of a previously published work shall not be considered an original idea). Entrants should not knowingly copy another’s idea, but entries will not be excluded merely because another Entrant has a similar idea.

Videos must NOT:

Exceed three (3) minutes in play time; Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing. Include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.

Videos must NOT:

Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Video Submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures. Videos must not use music that isn’t originally written, performed and produced by you, the Entrant.

All music featured in any video must be available to publicize and broadcast on a license-free, no compensation basis. Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized Entrants to display their image, likeness or voice in any submitted video or otherwise use such image, likeness or voice in accordance with these Official Rules.

By entering, each Entrant represents and warrants that his or her entry (and Sponsor’s and its designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any third party referenced or appearing in their entries. To the extent that anyone under the age of 18 appears in a video, Entrant represents and warrants that the minor’s parents consented to the minor’s appearance in the video and the public display of the video on YouTube.

Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Competition. Entrants will retain copyright in their work, but each Entrant grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the Works in all media or platforms whether now known or hereafter invented.

Entrant also waives any and all moral rights in the Works with respect to any use by Sponsor, its sublicensees, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the entries in any way, and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to Entrant or any third party.

Viewing Period

Videos shall be available for viewing once they are submitted. Video views generated by a script, macro or other automated means will be disqualified.

Judging Period

Videos will be reviewed by a panel of industry experts any time between submission and 1/22/20.

Winning videos will be in one of four (4) categories: Best Overall, Best in Grades K-5, Best in Grades 6-8, Best in Grades 9-12 and People’s Choice Award.

The concept videos submitted for the Move Mining Next Gen competition are evaluated by a rigorous two-step process.

Evaluation Process 1 validates that the video meets the basic criteria for concept video submission. The basic criteria includes: Does the video run within the 3-minute time limit?; Is the information included in the video accurate and current?; Are any copyrighted materials used in the video?; Is any portion of the video inappropriate?; Did the team compete all necessary forms (online entry form, parent permission form)?

Evaluation Process 2 determines, from the qualified videos, the top videos. The criteria for judging includes: Content Quality (Does the video clearly make the connection between population and the chosen topic?; Does the video explain why the chosen topic is important on a global scale?) Memorable/Creative (How well does the video draw in the viewer and keep their attention?; Is the video original and innovative?) Logical/Compelling (Does the video logically address how mining positively impacts the world?; Does the video educate or inspire action?) Production (What is the overall quality of production (including visual and sound elements?) Both evaluation processes include internal and external reviewers.

People’s Choice Winner

The official competition website records the number of “likes” each video receives. The video with the most “likes” during the Viewing Period (12:00 a.m. M.D.T. on 9/9/19 to 11:59 p.m. M.D.T. on 1/22/20) shall be deemed the People’s Choice Finalist. The number of “likes” shall be measured by the competition website’s voting method. In the event of a tie, the Sponsor may expand the number of days available for public voting. In the event that the video submission with the most votes is part of the Competition Finalists determined by a panel of industry experts, Sponsor reserves the right to choose the video with the next highest level of votes. All decisions of the Sponsor are final on all aspects of the Competition. Finalist videos may be displayed on various Sponsor-branded media, at the sole discretion of Sponsor.

Winner Notification and Announcement

The Winning Video(s) Team, as determined by the Judges, will be notified via email. The Winning Team(s) Team will be required to sign and return the affidavit of eligibility and liability/publicity release, tax forms and other documents required by the Sponsor within a reasonable amount of time, as determined by the Sponsor in its sole discretion. If a potential Winning Video(s) Team fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), the potential Winner(s) will be required to forfeit their winnings.

Prizes

One (1) Best Overall: One Grand Prize winner or team ( “Grand Prize Winner” or “Winner”), will receive a $1,000 cash prize. One (1) People’s Choice: One People’s Choice winner or team (“People’s Choice Winner” or “Winner”), will receive a $500 cash prize. One (1) Best in Grades K-5 winner or team (“Best in Grades K-5” or “Winner”), will receive a $250 cash prize. One (1) Best in Grades 6-8 winner or team (“Best in Grades 6-8” or “Winner”), will receive a $250 cash prize. One (1) Best in Grades 9-12 (“Best in Grades 6-8” or “Winner”), will receive a $250 cash prize. Odds of winning will depend on the number of eligible entries received. In no event will more than one (1) winner be awarded per category.

Sponsor makes no representations or warranties with respect to the potential benefits or outcomes to Winner with respect to the advice or commentary provided.

Prize Restrictions

Winner cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Sponsor. All prizes are subject to availability. If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded in Sponsor’s sole discretion. Other restrictions may apply. Limit one prize per person, per household. Prize is provided “as is” without warranty of any kind. Winner is responsible for any loss of prize or portion of prize after it has been delivered.

Rights in Submissions

In consideration of Entrant’s Video being reviewed and evaluated for this Competition, each Entrant hereby grants to the Sponsor, its members and assignees, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of television and all forms of Internet and wireless protocol. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the Video submitted to Sponsor, and to make derivative works from such materials solely in connection with the Competition (i.e., to create promotional materials). Each Entrant releases the Sponsor, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Competition, including, without limitation, the Entrant’s decision to provide the Entrant’s submission to Sponsor for purposes of the Competition, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s video submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms. The Grand Prize Winner may be required to complete and execute additional documents and have third parties execute Sponsor’s documents in connection with the rights granted to Sponsor as a condition of prize acceptance. In addition, by participating in the Competition and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor to use Entrant’s Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to these Competition Official Rules, the Sponsor will not share an Entrant’s information with any third parties.

Nature of Relationship/Waiver of Equitable Relief

Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Competition, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Video or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Rights of Sponsor/Disclaimer of Liability

Sponsor shall have the right and sole discretion to edit, to refuse to air or transmit, or cease to air or transmit any Video whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Sponsor’s standards and practices and other policies. Sponsor also reserves the right to replace the Grand Prize Winner’s Video with the Video of an alternate eligible Entrant in accordance with these Official Rules if such Video and/or Entrant is withdrawn from or removed from the Competition for any reason, including without limitation, Entrant’s failure to have Sponsor’s documents executed by third parties. Sponsor also reserves the right, in their sole discretion, to terminate the Competition for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Competition or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the Videos are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Video’s creation. The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Videos transmitted on the website or on television. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Videos. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of You Tube or other third party websites that may be linked to the Competition Homepage. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.

Warranty

It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant’s Video is solely owned by Entrant and solely created by Entrant for the purpose of entering this Competition, and that no other party has any rights or interest in the Videos. Entrant further represents and warrants that the Videos and any use thereof by the Sponsor or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

Indemnity

The Competition may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Entrant shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein.

Release and Limitation of Liability

By participating, each Entrant agrees that the Sponsor, its member stations, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors (“Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Competition to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Competition; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Competition; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Competition at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Competition, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor. BY PARTICIPATING IN THIS COMPETITION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS COMPETITION OR IN ANY COMPETITION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE COMPETITION HOMEPAGE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

General Terms and Conditions

Colorado law governs this Competition. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition, or the rights and obligations of Entrants and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Colorado. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Competition Homepage, the Competition, and/or any intellectual property owned or licensed by the Sponsor or their respective parent companies, subsidiaries, member stations, and affiliated entities. Sponsor reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Competition or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Competition; to be attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Competition if, in its sole opinion, there is any actual or suspected tampering of the Competition, or any other malfunction, event or activity that may affect the integrity of the Competition. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS COMPETITION.

Privacy Policy

Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.smenet.org/privacy-policy By entering the Competition, you grant Sponsor permission to share your E-mail address and any other personally identifiable information with You Tube and other Sponsor-associated sites and publications, or with any co-sponsor solely for the purpose of administration, promotion and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein or in the privacy policy.

Sponsor

MEC (MINERALS EDUCATION COALITION), 12999 E Adam Aircraft Circle, Englewood, CO 80112

Official Rules and Winners List

For a copy of the Official Rules, visit www.moveminingnextgen.com or send a self-addressed, stamped envelope for receipt to: Official Rules, “Move Mining Next Gen”, c/o MEC (MINERALS EDUCATION COALITION), 12999 E Adam Aircraft Circle, Englewood, CO 80112. For a list of winners, available after February 28, 2020, send a self-addressed, stamped envelope for receipt by January 22, 2020, to: Winners List, “Move Mining Next Gen”, c/o MEC (MINERALS EDUCATION COALITION), 12999 E Adam Aircraft Circle, Englewood, CO 80112. Requests received without a self-addressed, stamped envelope will not be fulfilled.