Education.com Story Challenge

Education.com Story Challenge

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

MANY WILL ENTER. A FEW WILL WIN.

VOID WHERE PROHIBITED BY LAW.

Eligibility: The Education.com Story Challenge (the “Contest”) is open only to individuals who are between the ages of 2 and 13 as of March 1, 2021. Eligible minors may only participate in the Contest with the express written permission of their parent or legal guardian. Employees, officers and directors of the Sponsor (defined below), and their immediate family members (spouse, parents, siblings, and children) and members of the same household (whether or not related), are not eligible. Eligible minors will only be able to participate in the Contest if they have access to a valid, registered user account for Education.com. Individuals who meet the above requirements are referred to as “Eligible Entrants.”

Agreement to Official Rules: Participation in the Contest constitutes entrant’s full and unconditional acceptance of these Official Rules and the decisions of Sponsor, which are final and legally binding. The Contest is subject to all applicable federal, state, and local laws. Void outside the United States and where prohibited by law.

Sponsor: The Contest is sponsored by Education.com, 777 Mariners Island Blvd., Suite 600, San Mateo, CA 94404 (“Sponsor”).

Entry Period: Submissions must be received between 12:00:01 a.m. Pacific Time (“PT”) on March 1, 2021, and 11:59:59 p.m. PT on March 29, 2021 (the “Entry Period”). Sponsor’s computer system is the official time-keeping device for the Contest.

Determination Of Winner: Ten (10) winner(s) will be selected from among all Submissions meeting the entry requirements received from Eligible Entrants during the Entry Period (each a “Winner”).

A panel of qualified judges determined by Sponsor in its sole discretion will select the top Submissions from among all eligible Submissions. Submissions will be judged based on the following criteria:

• Creativity (50%)
• Clarity and cohesiveness (50%)

Tie-breaker: In the event of a tie among the top Submissions, each affected Entrant may be offered the opportunity to provide an additional “tie-breaker” Submission that shall be judged by Sponsor based on the same judging criteria as specified above. Sponsor shall make the final decision, in its sole discretion, to resolve the tie.

Decisions of the judges and Sponsor are final and binding. Only Winners will be notified. Entrants will not be notified if their Submissions are disqualified or if their Submissions do not win.

Prizes: Winners will receive one year of Education.com Premium membership (approximate retail value: $120). Selected entries may be featured on the Education.com website (www.education.com) and in Education.com emails.

Odds of winning depend on the number of Submissions received and the Entrants’ skills as displayed in their Submissions.

To receive a prize, a winner must be in compliance with these Official Rules as solely determined by the Sponsor. In the event a winner is determined not to be in compliance, the Prize otherwise due that winner may be awarded to the next eligible Entrant as described above.

Prize Conditions: Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by 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 Sponsor in its sole discretion. Winners are responsible for any applicable fees, surcharges, service charges associated with receipt or use of a prize. Winner is fully responsible for all applicable taxes (including income and withholding taxes). For prizes with a value of $600 or more, Sponsor will issue Winners an IRS Form 1099-MISC.

Notification: The potential Winners and their parent/guardian or teacher will be notified by email (in the sole discretion of Sponsor) by April 30, 2021 ("Prize Notification"). Each potential Winner and his/her parent/guardian 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, or other document(s) required by Sponsor. In the event that the Prize Notification is returned as undeliverable, or the potential Winner is otherwise unreachable for any reason within the stated time, the Sponsor may award the prize to an alternate potential Winner. If any potential Winner is deemed a minor under the laws of his/her state of residence, confirmation of eligibility and acceptance of these Official Rules may be required from a parent or legal guardian, or disqualification may result.

Each Winner or the parent/guardian of the Winner if the Winner is under 18, by acceptance of a prize, hereby grants Sponsor the right to publicize such Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in connection with the Contest and/or the promotion of Sponsor in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

Transfer of Ownership / License to Sponsor: As a condition of entry into this Contest, you represent, warrant and agree that (i) the Submission is your wholly original creation,(ii) you are the exclusive owner of all of the rights to the Submission, (iii) you have all rights necessary to transfer ownership of license of the Submission to Sponsor, and (iv) the Submission does not infringe on the intellectual property or any other rights of any third party. You further agree to, and hereby do, irrevocably assign to Sponsor all rights, title and interest in and 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 entrant except for the prize to Winners as determined in accordance with these Official Rules.

General Conditions: 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 entrant 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, if any fraud, virus or other problem corrupts the administration, security, or fairness of the Contest, as determined by Sponsor in its sole discretion. In such event, 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 entrant 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.

Release, Indemnity and Limitations of Liability: ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND EACH OF THEIR 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.

ENTRANT 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 ENTRANT WAS PROPERLY SELECTED AS A WINNER, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS’ FEES. ENTRANT WAIVES ALL RIGHTS TO CLAIM ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.

Each Entrant hereby waives application of California Civil Code Section 1542 which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Each Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Contest. Entrants and the winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest.

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, entrant’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 circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.

BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER ENTRANT NOR SPONSOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.

Privacy: For details regarding collection of information from entrants, please consult the privacy policy available on the Sponsor’s Website at www.education.com

Official Rules: To request a copy of the Official Rules, please visit www.education.com/story-challenge. Requests must be received by April 30, 2021.

Winner Info: For winner info, submit your request to stories@education.com by April 30, 2021.

Copyright Notice: The Contest and all accompanying materials are © 2021 Education.com, Inc. All rights are reserved.

ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.