Books 4 Our School Challenge
NO PURCHASE, DONATION OR FEE NECESSARY TO PARTICIPATE. A PURCHASE OR DONATION OF ANY KIND WILL NOT INCREASE ANY CHANCE OF WINNING.
The following terms and conditions ("Terms") apply to the Books 4 Our School Challenge (2012) (the "Contest") sponsored by the Brooke Jackman Foundation and Davler Media Group ("Sponsors").
1) Eligibility. The Contest is open only to K-8 public or private schools, nursery schools and daycare centers (each a “School”) operating in the following areas: the five boroughs of New York City, Nassau County, Suffolk County, Westchester County, Rockland County and Fairfield County. Those entering on behalf of a School must be legal residents of the United States of America who are at least eighteen (18) years old at the time of entry. Prizes will only be awarded to an organization. No prizes will be awarded to any individual.
EMPLOYEES AND AGENTS OF THE SPONSORS AND PRIZE SUPPLIERS, AND THEIR IMMEDIATE FAMILIES ARE INELIGIBLE TO PARTICIPATE IN THE CONTEST.
2) Agreement to Official Rules. By participating in the Contest, all Participants fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsors and/or Administrator, which are final and binding in all matters related to the Promotion. Whether a School receives a prize is contingent upon fulfilling all requirements set for herein. The Contest is subject to all applicable U.S. federal, state and local laws and regulations and void where prohibited or restricted.
3) Contest Period. The Contest begins on March 15, 2012 at 10:00 AM Eastern U.S. Time Zone (“EST”)) and ends on April 30, 2012 at 11:59 PM EST (the "Contest Period"). The Sponsor’s computer is the official time-keeping device for the Contest.
4) How to Enter. During the Contest Period, visit www.Books4OurSchool.org and complete the registration form. Once you submit the registration form, you will be sent an official electronic ballet via email. Participants must complete and submit the official ballot electronically in accordance with all Contest instructions, rules and procedures to cast a vote. Participants must have a valid personal email address to participate and may only register once. Only one ballot and one vote per Participant. Only votes made online by eligible Participants during the Contest Period will be counted. No group registration, group votes or mail-in votes are permitted and are void. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and are void.
5) Award Notification. Award winners will be notified by email (or other contact information provided) and announced on the Books 4 Our School Website (www.books4ourschools.org) within 30 days after the end of the Contest or as soon thereafter as commercially practical.
6) Winner Requirements. A representative with the power to make legally binding decisions on behalf of the School nominated in the potential winning Submissions will be required to sign and return to Sponsors, within 15 days of the date on notice or attempted notice is sent, a Declaration of Compliance, Liability and Publicity Release and/or any additional documentation or paperwork required by Sponsors in order to claim the applicable prize.
7) Award Winner Verification and Acceptance. Acceptance of any prize shall constitute and signify both the entrant’s and winning School’s agreement and consent that Sponsors and its designees may use both the entrant’s and winning School’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the entrants whose Submissions featured the winning Schools shall irrevocably grant, transfer, convey and assign to Sponsors the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. These entrants accept and acknowledge that Sponsors shall not be obligated to use the Submission and that Sponsors in its sole discretion shall have the right to refrain from using the Submission. Sponsors shall not incur any liability whatsoever to the extent Sponsors chooses to refrain from any exploitation of its rights hereunder.
a) Twenty (20) schools will be awarded $150 worth of books for their library broken down as follows:
i) Ten (10) schools who receives the most eligible votes from Participants during the Contest Period.
ii) Ten (10) schools will be randomly selected from all the Schools entered into the contest with at least 10 eligible votes during the Contest Period.
Chances of Winning An Award. The chance of an eligible School receiving an Award depends on the number of eligible votes cast for the School during the Contest Period.
9) Forfeiture of Awards. Noncompliance with these Official Rules, or if an Award winner cannot be reached at the last known contact information, or if any Award or Award notification is returned as unclaimed, refused or undeliverable for any reason, that Award will be forfeited and Sponsors will have no further obligation to the winner. Sponsors reserve the right, in its sole discretion, to award a forfeited Award to a runner up in the award category at issue.
10) Taxes/fees. All federal, state, and local taxes, fees, surcharges, and any other costs or expenses associated with (i) participating in the Contest are the sole responsibility of each Participant and (ii) accepting and using an Award are the sole responsibility of each Award winner.
11) Transfers/Substitutions. Winners may not transfer Awards or redeem non-cash Awards for cash. No substitutions will be permitted except that Sponsors reserves the right in its sole discretion to substitute a prize of comparable or greater value, as deemed necessary and appropriate by Sponsors. All Awards details are at Sponsors’ sole discretion.
12) Publicity, Release, Materials and Postings. Participants agree to the public use of their name, address, photograph, likeness and other provided biographical information by Sponsors and its affiliates for legal compliance and marketing and promotional activities related to the Contest during and after the Contest Period, including without limitation, posting a Participant's name on "leader boards," Participant lists, Award winners lists, Contest marketing and advertising materials (which may incorporate Sponsors’ or other affiliated parties' names, brands, products and services) and on banners, message boards, forums, blogs and online social community network profiles and groups on the Sponsors’ Website ("Sponsors Materials"), without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Participant. Except as required by law, nothing herein shall require or obligate Sponsors to use or disclose any entrant's name, address, photograph, likeness, etc., for any reason.
13) Limitation of Liability / Exclusion of Representations and Warranties. BY ENTERING THIS CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSORS, ITS AFFILIATES, PRIZE SUPPLIERS, RETAILERS AND ADVERTISING AND PROMOTIONS AGENCIES, PARTICIPATING SCHOOLS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR INCREASED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY), LOSSES, COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THIS CONTEST, INCLUDING BUT LIMITED TO THE ENTRY AND PARTICIPATION IN THE CONTEST, THE ACCEPTANCE AND/OR USE (OR MISUSE) OF ANY PRIZE, OR ANY DELAY, INTERRUPTION, EARLY TERMINATION OR FORFEITURE, IN WHOLE OR IN PART, OF ANY PRIZE, EVEN IF SPONSORS OR ITS AFFILIATES AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENCES, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES.
WITHOUT LIMITING THE FOREGOING, PARTICIPANTS FURTHER AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO ACTS OF NATURE, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF SPONSORS OR ANY OF THE OTHER PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURRING.
Except as expressly stated herein, the Released Parties make no representations or warranties of any kind and expressly disclaim any implied representations and warranties, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use or noninfringement or affiliation or sponsorship of any School. Sponsors do not authorize anyone to make any representation or warranty of any kind on Sponsors’ behalf and you may not rely on any third party statement of warranty as a representation or warranty by Sponsors.
14) Indemnification. BY ENTERING THIS CONTEST, PARTICIPANT'S AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' FEES, COSTS AND LITIGATION EXPENSES) ARISING FROM OR RELATED TO ANY CAUSE OR ACTION RELATED TO THIS CONTEST, INCLUDING WITHOUT RESTRICTION THE AWARD, ACCEPTANCE AND USE OR MISUSE OF ANY PRIZE, AND/OR THE REPRODUCTION, USE, PUBLICATION, DISPLAY, DISTRIBUTION OR OTHER COMMERCIAL OR NON-COMMERCIAL USE OF THE CONTENT (IN WHOLE OR IN PART) OF ANY POSTING (OR ANY PORTION THEREOF) SUBMITTED BY PARTICIPANTS TO SPONSORS.
15) General Terms:
ANY VIOLATION OF THESE TERMS BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AWARD WINNER, OR ANY BEHAVIOR BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AN AWARD WINNER, THAT WILL BRING SPONSORS OR ANY OTHER PARTY INTO DISREPUTE (IN THE SPONSORS’ SOLE DISCRETION) WILL RESULT IN DISQUALIFICATION, TERMINATION AND FORFEITURE OF ALL RIGHTS AND PRIVILEGES AS A PARTICIPANT, POTENTIAL AWARD WINNER AND/OR AWARD WINNER.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVES THE RIGHT TO SEEK CIVIL DAMAGES FROM ANY AND ALL RESPONSIBLE PARTIES.
Sponsors reserve the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Sponsors are not responsible for errors in the administration or fulfillment of the Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel the Contest based upon such error at its sole discretion without liability to any Participant or other person or entity. Sponsors assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Postings in the Contest. Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to a Participant's or any other person's computer related to or resulting from participation or downloading any materials (including, without limitation, the Sponsors Materials) for the Contest. Sponsors are not responsible for any typographical or other error in the printing of any materials, administration of the Contest, or in the announcement of the Awards or Award winners. If, for any reason, a particular school is not capable of being offered and/or donated to as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsors reserves the right in their sole discretion to suspend, terminate, or modify these Terms and/or the Contest.
16) Applicable Laws and Jurisdiction of Disputes. The construction, validity, interpretation and enforceability of these Terms shall be governed by the laws of the State of New York (U.S.A.), without application of conflict of law or choice of law provisions of any jurisdiction. All disputes arising out of or connected with the Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York County, New York. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction and venue of those courts.
17) These Terms may not be amended, modified or waived except in a writing signed by a duly authorized officer of Sponsors. Sponsors reserves the right in its sole discretion to amend, modify or waive these Terms, in whole or in part, at any time without prior notice or the consent of Participants or any other third party. These Terms will be posted on Sponsors’ Website for the Contest Period and until such time as the Contest is terminated and all Awards given in accordance herewith.
18) Winner's List. For a list of Award winners, visit Sponsors’ Website on or after June 15, 2012. Alternatively, for a list of Award winners send a self-addressed, stamped envelope to Davler Media Group, LLC, Books 4 Our School Challenge, 1440 Broadway, Suite 501, New York, NY 10018.
19) Any questions or comments concerning these Terms or the Contest must be directed to: Davler Media Group, LLC, Books 4 Our School Challenge, 1440 Broadway, Suite 501, New York, NY 10018