K12 Voter's Choice Award Contest
NO PURCHASE NECESSARY to enter OR WIN IN THE K12 VOTER’S CHOICE AWARD CONTEST (“cONTEST”).
CONTEST IS INTENDED FOR VIEWING AND PLAY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA.
CONTEST ENTRY DATES: Contest begins at 12:01 p.m. Eastern Time (“ET”) on December 12, 2011 and ends at 11:59 p.m. ET on April 19, 2012 (“Contest Entry Period”).
HOW TO QUALIFY: By submitting an entry in the K12 & Girl Scouts Rock the Mall YouTube Contest, and if your entry in the K12 & Girl Scouts Rock the Mall YouTube Contest is posted on YouTube as a qualified and eligible entry, your entry automatically qualifies for K12 Voter’s Choice Award Contest entry (“Entry”) as long as:
This Contest is void within the geographic area(s) described above and wherever else prohibited by law.
Employees (and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) of K12 (the “Sponsor”), YouTube and the Girl Scout Council of the Nation’s Capital, and their respective parents, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, “Contest Parties”) are not eligible to enter or win. An eligible minor must have her parent’s or legal guardian’s permission to enter the K12 & Girl Scouts Rock the Mall YouTube Contest in order to qualify for the K12 Voter’s Choice Award Contest.
By submitting an Entry, contestant understands and grants permission for her Entry to be posted on YouTube.com (“website”) in perpetuity for viewing by visitors to the website.
Entry must be the original work of the contestant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant (or her parent or legal guardian) is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the entry. If any identifiable person appearing in the entry is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time. Each contestant (or, if an eligible minor, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consents to the submission and use of the Entry in the Contest, and to its posting on website.
Entries must comply with the following content guidelines to be eligible:
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
WINNER DETERMINATION & TIE BREAKER: During the Contest Entry Period, as eligible Entries are received for the K12 & Girl Scouts Rock the Mall YouTube Contest, they will be posted on website for public viewing. Each registered member to the website will have the opportunity to view such Entries until 11:59 p.m. ET on April 19, 2012. The Sponsor will tabulate the views each Entry garners during the Contest Entry Period, and the Entry with the most views at the end of the Contest Entry Period will be declared the winner of the K12 Voter’s Choice Award Contest. In the event of a tie, the Sponsor will determine the winner (from among the tied Entries) based on the following equally weighted judging criteria: 1) originality; 2) creativity; 3) content; and 4) suitability for future promotional and advertising purposes. At the end of judging, the entry with the highest score will be declared the Contest winner.
Sponsor’s decisions are final and binding on all matters.
WINNER NOTIFICATION: Potential winner (“Winner”) will be notified on or about April 23, 2012 and will be contacted by mail, telephone and/or email. Winner will be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited by law, Publicity Release (“Affidavit/Release”) as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of date printed on notification or she may be disqualified. If Winner is considered a minor in her state of residence, Sponsor reserves the right to award the prize in the name of her parent or legal guardian who will be required to execute and return the Affidavit/Release and all other required documents on Winner’s behalf as well as comply with any other requirements imposed on Winner set forth herein. In the event it is determined that Winner has not complied with these Official Rules for the K12 & Girl Scouts Rock the Mall YouTube Contest and the K12 Voter’s Choice Award Contest, has failed to execute and return any required documents within the specified time period or if prize notification is returned as undeliverable, then Winner will be disqualified. Should Winner make any false statement(s) in any document required by Sponsor, Winner will be disqualified and required to promptly return to Sponsor her prize. If Winner is disqualified for any reason, at Sponsor’s discretion, the entry with the next highest views may be declared the alternate Winner.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: Winner will receive one (1) powerspeak12 foreign language course powered by K12 (ARV: $250.00) and one (1) Color Nook (ARV: $199.00). One foreign language course of winner’s choosing (Spanish, French, German, Latin and Chinese). Materials not included. Winner (or her parent or legal guardian) is responsible for her own microphone, computer, and Internet connection. Course is for one-semester. Not available for credit or with teacher support. Total ARV of prize: $449.00. No prize substitution permitted by Winner, however, Sponsor reserves the right to substitute any portion of prize with another prize of comparable or greater value, at its sole discretion. Prize is nontransferable and may not be redeemed for cash. All taxes associated with prize are the sole responsibility of the Winner. No entrant will receive a prize unless and until she has been verified as the Winner by the Sponsor. Upon fulfilling prize, Sponsor will be deemed to have awarded the prize to the Winner and such Winner assumes full responsibility for the prize. All prize details are at Sponsor’s sole discretion. Winner acknowledges that the Released Parties and their agents do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize, except that merchandise portion of prize shall be subject to its manufacturer’s standard warranty.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use Winner’s likeness, name, video, hometown, prize won, and photograph (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, ”Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by website on account of technical problems, traffic, congestion on the internet, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an contestant’s ability to participate in the (i) K12 & Girl Scouts Rock the Mall YouTube Contest and (ii) the K12 Voter’s Choice Award Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with either Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of each Contest, the processing of entries, the announcement of prize or in any Contest-related materials. Mass entries and/or views generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or terminate the K12 Voter’s Choice Award Contest in the event it becomes technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor’s sole discretion, determine the Winner using all eligible entries received up to time of cancellation using the winner determination procedure (i.e., most views) outlined above. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the contestant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other contestant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. Winner acknowledges that the Released Parties and their agents do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize, except that merchandise portion of prize shall be subject to its manufacturer’s standard warranty. CAUTION: Any attempt by a contestant to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such contestant to the fullest extent permitted by law and to disqualify such contestant from the Contest.
ASSIGNMENT OF RIGHTS: Contestant (or, if an eligible minor, her parent or legal guardian) hereby acknowledges that Entry (including video) and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a “work made for hire” for Sponsor, then contestant (or, if an eligible minor, her parent or legal guardian) hereby irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, contestant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
By submitting an Entry, contestant (or, if an eligible minor, her parent or legal guardian) acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, video and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to her Entry. Contestant (or, if an eligible minor, her parent or legal guardian) acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
MISCELLANEOUS CONDITIONS: By participating in the Contest, contestants (or, if eligible minors, their parents or legal guardians) (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Contest subject to all federal, state and local laws and regulations. Void where prohibited by law.
RELEASES: By entering the Contest, contestants (or, if eligible minors, their parents or legal guardians) agree to (i) these Official Rules and the decisions of Sponsor which are final and binding in all respects, and (ii) release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of prize, the substitution of prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Released Parties’ use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any contestant or the responses of anyone appearing in any Entry.
Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Contest, contestant (or, if an eligible minor, her parent or legal guardian) agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.
Winner’s NAME: If you would like a copy of the Winners List (available after May 30, 2012), please send a self-addressed stamped envelope by May 30, 2012 to: K12 Voter’s Choice Award Contest Winner, c/o ____________________________.
SPONSOR: K12, Inc., 2300 Corporate Park Drive, Herndon, VA 20171.
This Contest is not sponsored, endorsed or administered by YouTube, nor is YouTube associated with the Contest in any way. You understand that you are providing information to the Sponsor and not to YouTube. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor, and not to YouTube.