Education.com Limitless Learners Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

Rules and Eligibility Requirements: The Education.com Limitless Learners Contest (the "Contest") is sponsored by Education.com, Inc. ("Education.com").

Agreement to Official Rules: Participation in the Contest constitutes the applicant’s full and unconditional acceptance of these Official Rules and the decisions of Sponsor, which are final and legally binding. The Contest is void outside the United States or where prohibited or restricted by law or where bonding, registration, or other requirements would be required but have not been met. All applicable federal, state and local laws apply.

Eligibility: Subject to these Official Rules, the Contest is open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District of Columbia, who are enrolled in a private or public elementary school (grades K-5) or a home school (grades K-5) in the United States in the 2019-2020 school year. All applicants under the age of 13 must obtain and email or mail in signed consent from their parent or legal guardian to be eligible for entry. Employees of Education.com Inc. and their respective parents, affiliates, subsidiaries, and any other party involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to enter. Past recipients of a prize may not enter. For the purposes of these Official Rules, an individual who meets the above requirements and his/her parent or legal guardian will be referred to herein as an "Applicant." Contest shall be open to all Applicants regardless of race, color, religion, sex, or disability, subject to the limitations below.

Application Period: Submissions must be postmarked or emailed by 11:59PM PST on Oct 31st, 2019. Submissions received after the deadline will not be considered valid entries. Sponsor’s computer system is the official time-keeping device for the Contest.

How to Enter: To enter the Contest, Applicant must submit a drawing or essay (following the guidelines for the Applicant’s age group outlined below) describing a time they were having so much fun, they didn’t realize they were learning something new (the "Submission").

Along with the Submission, Applicant must submit the COPPA consent form signed by his/her parent or legal guardian. The downloadable consent form can be found at http://www.education.com/contests/. Submissions that do not include a signed COPPA consent form will be ineligible and discarded, and all information about the Applicant deleted. Submissions and the COPPA consent form must be submitted by email to contest@education.com, or by mail to Education.com, 401 East Third Avenue, San Mateo, CA 94401, Attn: Limitless Learners

The Submission must be the Applicant’s own original work, must be primarily in English, and must not contain any material that:

Limitation of Entries: Limit one entry per person. Any attempt by any Applicant to enter by using multiple/different email addresses, street addresses, identities, registrations and logins, or any other methods will void that Applicant's entry and that Applicant may be disqualified. Notwithstanding the foregoing, nothing in this section shall be interpreted as prohibiting a teacher or parent/legal guardian from submitting entries for more than one child.

Use of any script, macro, or other mechanical or automated program to enter will result in disqualification and all such Submissions will be void. Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, inaccurate, delayed, stolen, garbled, unintelligible or misdirected entries, all of which will be disqualified. Proof of submission is not proof of receipt by Sponsor.

Selection of Recipients: Applicants will be judged by representatives of Education.com to determine one winner from each age group: Kindergarten, 1st Grade, 2nd Grade, 3rd Grade, 4th Grade, and 5th Grade ("Recipients"). Applications will be judged equally on the following criteria: quality of the writing or art; creativity; and originality. In the event of a tie, an additional "tie-breaker" judge will determine the Recipient from among all such tied entries using the judging criteria above. Sponsor reserves the right not to award a prize if, in its sole discretion, it does not receive any qualified Submissions. Decisions of judges are final and binding. Only Recipients will be notified. Applicants will not be notified if their Submission is disqualified or if their Submission does not win.

Recipient Notification: Recipients will be notified by email (in the sole discretion of Sponsor) at the email address provided at the time of entry within one month of Contest deadline ("Prize Notification"). Each potential Winner must, within seven (7) days of the date of issuance, execute and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Publicity Release, and other document(s) required by Sponsor. In the event that the Prize Notification is returned as undeliverable, or the potential Recipient is otherwise unreachable for any reason within the stated time, the Sponsor may award the prize to an alternate potential Recipient. Acceptance of a prize constitutes permission for Sponsor to publicize Recipient’s name, grade level, and Submission throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

License to Sponsor: As a condition of entry into this Contest, Applicant represents, warrants, and agrees that (i) the Submission is his/her wholly original creation, (ii) he/she the exclusive owner of all of the rights to the Submission, (iii) he/she has all rights necessary to license the Submission to Sponsor, and (iv) the Submission does not infringe on the intellectual property or any other rights of any third party. Applicant further agrees to irrevocably grant to Sponsor a perpetual, royalty fee, non-exclusive license to the Submission, including without limitation the right to display, publish, publicly perform, broadcast, use, adapt, excerpt, edit and/or modify the Submission in any way, in any and all media now known or hereafter created, for promotional or any other purpose related to the business of Sponsor, including but not limited to all intellectual property rights therein, without additional compensation to the Applicant except for the prize to Recipient as determined in accordance with these Official Rules.

Prizes:

Prize Conditions: Prizes will be awarded within three months of the date of receipt of Recipient’s Affidavit of Eligibility and Release of Liability. Prizes are not transferable, assignable, or refundable and must be accepted as awarded. No substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the stated prize is not available for any reason as determined by the Sponsor in its sole discretion. Recipient is responsible for any applicable taxes, fees, surcharges, or service charges associated with receipt or use of the prize. The $1,000 prize shall be awarded directly to the school or local library designated by the Recipient and is not deductible by the Recipient as a charitable contribution. If Recipient did not designate a school or local library to receive the $1,000 prize, Recipient forfeits that money; it shall not be awarded directly to the Recipient.

General Terms:

The decisions of the Sponsor are final and binding on all matters relating to this Contest. Sponsor shall have the sole right to disqualify any applicant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in their sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor reserves the right to cancel, suspend, and/or modify the Contest, in whole or in part, at any time for any reason in its sole discretion, with or without notice. If any fraud, virus or other problem corrupts the administration, security, or fairness of the Contest (as determined by Sponsor in its sole discretion), Sponsor reserves the right to award the prize(s) from among the non-suspect eligible Submissions received up to the time of the impairment or cancellation. 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 Contest, annoying, abusing, threatening or harassing any other applicant or Sponsor's representatives, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

The Released Parties (as defined below) are not responsible for incomplete, inaccurate, misdirected, lost, delayed, stolen, postage-due, damaged, or garbled Submissions, entries, email or mail; or for lost, interrupted or unavailable telephone, computer network, social media network, Internet Service Provider (ISP), website, cable, satellite or other connections, computer hardware or software malfunctions or failures, or other errors or problems of any kind whether human, mechanical, electronic, computer or communication network, typographical, printing or otherwise relating to or in connection with entry into Contest, administration of the Contest, the processing of entries, the availability of Prizes or any portion of Prizes, the announcement of Winners or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury, death or damage to participants or to any other person or their computer or property related to or resulting from participating in this Contest, accepting or using a Prize or downloading materials from or use of any website.

If any provision of the Official Rules of this scholarship shall be held void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. Void where prohibited by law.

Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Contest.

Release, Indemnity and Limitations of Liability:

APPLICANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE AFFILIATES, AND EACH OF SUCH PARTIES’ DIRECTORS, EMPLOYEES, OFFICERS, AND AGENTS, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES (COLLECTIVELY, "RELEASED PARTIES") FROM AND AGAINST ANY INJURIES, DEATH, LOSSES, DAMAGES, CLAIMS, ACTIONS AND OTHER LIABILITY OF ANY KIND RESULTING OR ARISING FROM THE CONTEST OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED, INCLUDING, BUT NOT LIMITED TO, ALL MATTERS ADDRESSED IN THE GENERAL CONDITIONS ABOVE.

APPLICANT FURTHER AGREES THAT THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE CONTEST, OR THE VALUE OF THE PRIZE IF THE APPLICANT WAS PROPERLY SELECTED AS A RECIPIENT, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS’ FEES. APPLICANT WAIVES ALL RIGHTS TO CLAIM ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.

Disclaimer of Warranty: RELEASED PARTIES (I) MAKE NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND (II) DISCLAIM ALL IMPLIED WARRANTIES.

Governing Law: All issues and questions relating to the Contest or concerning the construction, validity, interpretation and enforceability of these Official Rules, Applicant’s rights and obligations or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

Arbitration: All disputes, claims, controversies or causes of action arising out of or relating to this Contest or the Official Rules (each, a "Claim"), shall be resolved exclusively by binding arbitration. Each Claim shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. The arbitration shall be administered by a single arbitrator appointed by JAMS in accordance with its then-current commercial arbitration rules. The arbitration will be conducted in the English language in the County of San Mateo, California. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Under no circumstance will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.

Privacy: All information collected as a part of the Education.com Limitless Learners Contest will be used in accordance with the Children’s Privacy Policy which can be found in the application form on www.education.com/contests/.