Terms and Conditions: ESC 1
GENERAL RULES: This BrainPOP School Subscription Giveaway (this “Giveaway”) is brought to you by BrainPOP LLC, a Delaware limited liability company having an address at 71 West 23rd Street, 17th Floor, New York, NY 10010 (“Sponsor”), and is governed by the terms and conditions (“Terms and Conditions”) contained herein.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY.
THIS GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE NOTE THAT A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR ODDS OF WINNING.
You have not yet won any Prize, and you may not win any Prize despite your entrance or participation in the Giveaway.
ELIGIBILITY: To be eligible to enter this Giveaway, you must be a legal resident of one of the fifty states of the United States or of the District of Columbia and must be at least 18 years old at the time of entry. Additional restrictions may apply. Any employees, principals, directors, officers, suppliers, distributors, independent contractors, or agents of Sponsor or of Sponsor’s parent companies, affiliates, subsidiaries, and members of their immediate families or households of are not eligible to enter this Giveaway. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
AGREEMENT TO THESE TERMS AND CONDITIONS: By participating in this Giveaway you fully and unconditionally agree to and accept these Terms and Conditions and acknowledge and agree that all decisions made by the Sponsor are final and binding in all matters related to this Giveaway.
GIVEAWAY PERIOD: This Giveaway will start on or around at 8:00 a.m. Central Daylight Time on October 14, 2016 and will end on or around 4:00 p.m. Central Daylight Time on October 14, 2016 (“Giveaway Period”). Sponsor is the official timekeeper for the Giveaway.
HOW TO ENTER THE GIVEAWAY: For a chance to win a Prize, you must do each of the following:
a) Attend the Region One ESC Fall Media Conference, which will be held at the South Padre Island Convention Centre, 7355 Padre Boulevard, South Padre Island, Texas 78597 (the “Conference”) during the Giveaway Period; and
b) Submit to Sponsor a valid and correctly completed entry form during the Giveaway Period. All entries must be received prior to 4:00 p.m. Central Daylight Time on October 14, 2016. Please note that any late, damaged, illegible, incomplete, or incorrect entries will not be eligible for inclusion in the random drawing. Participation in this Giveaway is limited to one entry per person.
PRIZE DETAILS: One (1) Prize. One (1) winner will be selected on October 14, 2016 at the end of the Giveaway Period and will receive a certificate containing a one-time use code, redeemable at the web address “brainpop.com/redeem” for one (1) free school one-year subscription to BrainPOP, including BrainPOP, BrainPOP JR, BrainPOP ELL and BrainPOP Espanol (“Prize”). The approximate retail value (“ARV”) of the Prize is US $2,840. The Prize winner will be notified by email to the email address set forth on the entry form. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with Prize receipt and/or use.
ODDS OF WINNING: Please note that the odds of winning the Prize will depend on the number of eligible entries received during the Giveaway Period.
DRAWING AND AWARDING OF PRIZE: The winner of this Giveaway will be selected in a random drawing from among all eligible entries received during the Giveaway Period. Such random drawing will take place on October 14, 2016 following the end of the Giveaway Period. Within ten (10) days of the random drawing, the Sponsor will notify the selected winner by email sent to the email address provided by the selected winner upon entry in this Giveaway. Please note that the Sponsor shall not be liable for any delays or unsuccessful efforts in notifying the selected winner. In the event that the selected winner is 18 years of age or older, but has not yet attained the age of majority in his/her jurisdiction of residence, the Sponsor will award the Prize to the selected winner’s parent or legal guardian, unless doing so is otherwise prohibited by law.
In order to claim the Prize, the winner must comply with the Terms and Conditions contained herein, the terms of use related to such Prize on Sponsor’s website, (available at https://www.brainpop.com/about/terms_of_use/), comply with all applicable laws or regulations, and must complete, sign and return to the Sponsor an Affidavit of Eligibility and Release of Publicity and Liability and fulfill any such other requirements as determined by the Sponsor within fifteen (15) days of the notification or attempted notification by Sponsor. In the event that the selected winner does not claim the Prize or provide an Affidavit of Eligibility and Release of Publicity and Liability to the Sponsor within fifteen (15) days of the notification or attempted notification by Sponsor, the selected winner will be deemed to have forfeited the Prize and the Sponsor may, at its sole discretion, conduct an additional random drawing among all remaining eligible entries to select an alternative winner.
Please note that the selected winner’s failure to comply with all of the applicable laws and regulations and/or the selected winner’s violation of any of the terms and conditions contained herein will result in such selected winner being deemed un-eligible to receive the Prize and such winner will be disqualified from the Giveaway.
PUBLICITY: Except where prohibited by law, by using or accepting the Prize, the winner consents to Sponsor’s and its agents’ use of the winner’s name, likeness, and any comments, statements, testimonials or other feedback, whether written or oral, made by or attributed to him/her which relate to the Sponsor or this Giveaway for advertising and publicity purposes, in any media, worldwide, and without additional payment or compensation.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, you agree to release and forever discharge the Sponsor, its directors, officers, employees, agents, promotional partners, representatives, suppliers, distributors, independent contractors, parent companies, affiliates, subsidiaries, and attorneys, their respective heirs, directors, employees, agents, executors, administrators, successors, and assigns (the “Released Parties”) from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, which against the Released Parties, you may have in connection with the Giveaway and/or with the acceptance, use or misuse of the Prize.
The Released Parties shall not be responsible for (i) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (ii) technical failures of any kind; (iii) unauthorized human intervention in any part of the Giveaway; (iv) technical or human error which may occur in the administration of the Giveaway, or the capturing or transfer of winner information; (v) any late, lost, or undeliverable mail or e-mail; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of the Prize. Entrant waives the right to claim any damages, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. Entrant further agrees that in no event shall the Released Parties be liable for attorney’s fees.
No more than the stated number of Prizes will be awarded. In the event that for any reason more than the stated number of Prizes as set forth in these Terms and Conditions are made available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all persons who were erroneously notified as Prize winners.
MISCELLANEOUS ADDITIONAL TERMS AND CONDITIONS: The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Terms and Conditions, or in an unsportsmanlike or disruptive manner. In the event that an entrant attempts to undermine the legitimate operation of any part of the Giveaway, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by applicable law. The Sponsor’s failure to enforce any of the provisions contained herein shall not constitute a waiver of that provision.
Sponsor reserves the right to modify, suspend, or cancel this Giveaway or any part of it at any time if the Sponsor, in its sole discretion, determines that any fraud, human error, technical failures or any other factors, including but not limited to tampering, fraud, unauthorized intervention or any other cause which impairs the integrity or proper functioning of the Giveaway, as determined by the Sponsor in its sole discretion. At its sole discretion, Sponsor reserves the right to disqualify any person it deems to be attempting to defraud or tamper with the Giveaway in any way.
DISPUTES AND APPLICABLE LAW: By entering the Giveaway, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Sponsor. Any dispute relating in any way to this Giveaway, these Terms and Conditions or the Prize shall be solely adjudicated in the New York County Supreme Court of the State of New York, or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts.
CHANGES AND SEVERABILITY: Sponsor reserves the right to make changes to these Terms and Conditions any time. If any of the terms or conditions contained herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
OFFICIAL RULES AND WINNER’S NAME: To obtain a copy of the name of the Giveaway winner or of these Terms and Conditions, please mail your request along with a stamped, self-addressed envelope to: BrainPOP Spotter Giveaway – Request for Terms and Conditions/Winner’s Name, 71 West 23rd Street, 17th Floor, New York, NY 10010. All requests must be received no later than November 14, 2016.
PRIVACY: All information collected from entrants in this Giveaway will only be used in accordance with the applicable data protection regulations and with the Sponsor’s Privacy Policy: https://www.brainpop.com/about/privacy_policy/
CONTACT: BrainPOP LLC, ATTN: Legal Department, 71 West 23rd Street, 17th Floor, New York, NY 10010.
