THE BALANCING ACT'S DREAM SCHOOL CHALLENGE CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST BEGINS AT 12:00:00AM (ET) ON MARCH 26, 2012 AND ENDS AT 11:59:59PM (ET) ON JUNE 8, 2012. VOID WHERE PROHIBITED BY LAW.
1. AGREEMENT TO OFFICIAL RULES. By entering or participating in The Balancing Act's Dream School Challenge Contest ("Promotion"), you (or, if a minor in your place of residence, your parent or legal guardian on your behalf) fully and unconditionally agree to abide by all terms and conditions referenced in these Official Rules, and accept these Official Rules and any decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion.
2. ELIGIBILITY. Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least thirteen (13) years of age or older and have reached the age of majority in their state of residence as of the date of entry, and who did not make any purchase or donation for the purpose of participating in this Promotion. (hereinafter "Entrant" or "Entrants"). Employees of "Sponsor" (as defined below), and "Promotional Partners" (as defined below), their respective parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, representatives and agents of Sponsor, and each of their respective immediate families and household members are not eligible to enter or participate in this Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Promotion is void where prohibited or restricted.
a. School and School District Eligibility: Eligible Entrants must nominate an eligible school (each a "School") within the geographic territory of a school district (each a "School District") during the entry process. To be an eligible school, the nominated school must be a school serving any grade or grades from Kindergarten through Grade Twelve (12), located in the fifty (50) United States and District of Columbia, and at the time of entry must be operating as part of a public school system and/or a non-profit entity as designated by the U.S. Internal Revenue Service.
3. PROMOTIONAL PERIOD. The Promotion begins at 12:00:00 a.m. (ET) on March 26, 2012 and ends at 11:59:59 p.m. on June 8, 2012 (ET) ("Promotional Period"). ALL ENTRIES MUST BE RECEIVED BY OR BEFORE 11:59:59PM (ET) ON JUNE 8, 2012. For the purpose of this Promotion, each day will begin at 12:00:00AM (ET) and end at 11:59:59PM (ET). The Promotion Site's database clock will be the official timekeeper for this Promotion.
4. HOW TO ENTER. During the Promotion Period, you may enter the Promotion by visiting the website, www.thebalancingact.com/sweepstakes ("Promotion Site"), and clicking the appropriate Promotion link to enter the Promotion. To enter, follow the instructions and complete the official entry form ("Entry" or "Entries"). Complete and/or submit all required information completely and accurately. Specific Entry registration instructions include entering personal information, entering the name of the School District, and entering the name of, city, state and zip code of appropriate School. Entrant may have the option to, but is not required, to answer certain questions pertaining to the individual School or School District; the answers to the questions are collectively referred to as Entrant's submissions ("Submissions"). All Entries and Submission become the exclusive property of the Sponsor and will not be returned. Entries that are incomplete, illegible, forged, altered or corrupted are void and will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete, inaccurate, or mutilated Entries or Submissions. Proof of submission does not constitute proof of receipt. Limit: each Entrant may enter one (1) time per day. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated acceptable number of Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified. Use of any automated system, software or computer program to participate in this Promotion is prohibited and will result in disqualification. If there is a dispute as to the identity of any Entrant, the relevant Entry or Submission will be deemed submitted by the authorized account holder of the applicable email address used to enter. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. To participate in this Promotion, each Entrant will also be subject to the Sponsor's Terms of Use (http://www.thebalancingact.com/termsandconditions.php) and Privacy Policy (http://www.thebalancingact.com/privacy_policy.php) where applicable.
5. SELECTION OF WINNER. Sponsor's decisions as to the administration of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. Sponsor, through its representatives and as set forth in each Award Package category, or otherwise at its sole discretion, will select the potential Promotion winners from all eligible Entries received during the Promotional Period. The potential winners will be selected within one week of June 8, 2012.
6. WINNER VERIFICATION: The potential School or School District winners will be notified by email, regular mail and/or phone at Sponsor's discretion, using the contact information provided upon registration and associated with the School or School District's winning and/or respective Entries. Each winning School or School District, through an authorized representative with the power to make legally binding decisions, will be required to sign and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) and/or IRS Form W-9 (collectively, "Affidavit"), which must be received by Sponsor within ten (10) days of the date the notice or attempted notice is sent, in order to claim the prize. Potential School or School District winners must continue to comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all of the requirements. If a potential School or School District winner cannot be contacted, or does not respond to notification attempts, or fails to sign and return the Affidavit within the required time period, or declines a prize for any reason, or is found ineligible or does not comply with these Official Rules, such potential School or School District winner may be subject to disqualification, their prize subject to forfeiture, and an alternate potential winner may be selected by random drawing, or at Sponsor's sole discretion, from among all remaining eligible Entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. PRIZES AND ODDS: The Approximate Retail Value ("ARV") of the TOTAL Prize Package is $300,000.00 USD. All prizes will be awarded (assuming a sufficient number of eligible Entries are received and, after reasonable attempts, potential winners are verified). Prizes are non-transferable and the winners may not substitute, assign or transfer any prize or redeem any non-monetary prize for money, except at the sole discretion of Sponsor. Sponsor reserves the right in its sole discretion to substitute any prize (or prize component, if applicable) with one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor is responsible only for delivery of each prize and is not responsible for prize utility, quality or otherwise. Taxes, fees, and any other costs associated with acceptance and use of a prize, are the sole responsibility of the winner. Odds of winning a prize depend on the number and content of the eligible Entries received during the Promotional Period. Limit of one prize package per person/household for the entire Promotion Period. Additional prize restrictions, limitations and exclusions may apply. Certain Award limitations apply as follows: (a) Only a School District is eligible for the School District's Choice Grand Award; (b) In the event of a tie for any Award, the specific Award Winner shall be decided by a tie breaker, the manner of which shall be determined in the sole discretion of the Sponsor.
Prize Package:
- One (1) Grand Prize - School District's Choice Award. One (1) School District Grand Award, in an amount up to $150,000 in cash and products or services, will be awarded to the School District that receives the highest cumulative number of eligible votes. It will be the winning School District's Choice which School or Schools within the winning School District will receive all or any part of the Choice Award. There are several factors that will impact the total award value for the School district, including but not limited to (i) the actual products and/or services that the winning School District chooses; and (ii) the size of, number of Schools within, and number of students in the winning School District.
- Five (5) First prizes - Sponsor's Choice Awards. Five (5) Sponsor's Choice Awards, each in an amount up to $30,000 in cash and products or services, will be awarded to five (5) Schools chosen at Sponsor's sole discretion, but which shall be based in part or in whole on the number of eligible votes received and School needs and/or hardship. There are several factors that will impact the total award value for the winning Schools, including but not limited to (i) the actual products and/or services that the winning Schools choose; and (ii) the size of the winning School and the number of students in the winning School.
8. RELEASE:By participating in this Promotion and/or by accepting any prize or award, each Entrant, School and School District accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that Entrant, School and School District are eligible to participate in this Promotion. In addition, each Entrant, School and School District, by participating in this Promotion and/or by accepting any prize or award, agrees to release, discharge, indemnify and hold harmless, the Sponsor and Promotional Partners, and their respective parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, representatives, agents, suppliers, distributors, advertising and promotion agencies (collectively, the "Released Parties"), from and against any and all liability, loss, claim, cause of action or damage of any kind, to persons or property, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of in whole or in part, directly or indirectly, from the participation in the Promotion, or any Promotion related activity, or from the award, acceptance, receipt, possession, use or misuse of any prize or participation in any prize related activity.
9. PUBLICITY: Except where prohibited, participation in this Promotion and/or by accepting any prize or award constitutes Entrant's and winning School and School District's consent to Sponsor's or Promotional Partner's use of Entrant's and winning School and School District's name, likeness, photograph, voice, opinions, hometown, state and/or Entries and Submissions and/or prize and award information in connection with the Promotion, either before, during or after the Promotional Period, for advertising and promotional purposes in any media or medium, worldwide, without additional payment or compensation, to the extent permitted by law. Without limiting the generality of these Official Rules, the Entrants whose Entries and Submissions featured the winning Schools or School District shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and 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 Entry and Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Entrants accept and acknowledge that Sponsor shall not be obligated to use the Entry and Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Entry and Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
10. USE OF ENTRANT INFORMATION FOR MARKETING PURPOSES: By participating in and/or entering this Promotion, Entrant understands and agrees, that unless Entrant otherwise opts out on the Promotion Site, Sponsor and/or Promotional Partners may use Entrant's physical and/or e-mail address to contact Entrant regarding Sponsor's programming and other offers and/or promotions that Sponsor and/or Promotional Partners believe may interest Entrant.
11. ENTRANT PARTICIPATION. The Entrants, Schools and School Districts may participate in the Promotion, through their own individual and/or organizational marketing and promotional campaigns, including without limitation, creating or participating in marketing and advertising materials, banners, message boards, forums, blogs and online social community network profiles (together "Postings"), in an effort to increase awareness of the Schools or School Districts and to increase votes for specific Schools or School Districts. All Entrants, Schools and School Districts agree that any and all Postings made in the course of their participation in the Promotion shall be in compliance with the Official Rules and not contain, include or involve any unlawful activity, violation of third party rights or any of the following: animal abuse; obscenity; crude, vulgar or offensive pictures, depictions, images, language and/or symbols; commercial advertising (other than Sponsor or Promotional Partner Materials); trade libel; personally identifiable information of any third party, including but not limited to license plates, phone numbers, personal addresses, physical or email or otherwise; illegal drug or alcohol use or abuse; derogatory characterizations of any ethnic, racial, sexual or religious groups; humiliation of other people (publicly or otherwise), or any assault or threatening of others; violation of anyone's right of privacy, including any statements that may be true but of private facts; trespass or the violation of other people's rights or property; illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); defamatory, libelous, threatening or other material including that which advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation); or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
12. GENERAL CONDITIONS: These Official Rules are subject to change, however, any and all changes and/or decisions regarding the Official Rules and all other matters relating to this Promotion are and will become final and binding on or before January 1, 2012, and will be posted at www.thebalancingact.com/sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Promotion, or any part of it, if any fraud, virus, bug, technical failure, unauthorized human intervention or other cause outside of Sponsor's reasonable control, corrupts, impairs or affects the administration, security, fairness, integrity or proper functioning or conduct of this Promotion. In the event of any such cancellation, termination or suspension, a notice will be posted at the Promotion Site, if functioning, and a random drawing will be conducted, at Sponsor's sole discretion, from among all eligible, non-suspect Entries received prior to such action. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant (and all of their Promotion Entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates, if Entrant tampers with the entry process or the operation of the Promotion, or if Entrant acts in a manner in violation of the Official Rules or in an unsportsmanlike or disruptive manner or otherwise if Entrant's fraud or misconduct affects the integrity of this Promotion, in any way. The Sponsor and Promotional Partners assume no liability and are not responsible for, and Entrants hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any related advertising or promotions of this Promotion; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Promotion. Except as expressly stated herein, the Sponsor make no representations or warranties of any kind and expressly disclaims any implied representations and warranties, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose, or use, or non-infringement, or affiliation or sponsorship of any Promotional Partner or any School or School District. Sponsor does not authorize anyone to make any representation or warranty of any kind on Sponsor's behalf and Entrant may not rely on any third party statement of warranty as a representation or warranty by Sponsor.
13. LIMITATIONS OF LIABILITY: Sponsor and Released Parties disclaim liability and are not responsible for: (a) damage to any computer system resulting from participation in, or accessing or downloading information in connection with this Promotion; (b) any printing, typographical, mechanical or other error in the making of the offer, administration of the Promotion or the announcement of the prize; (c) any late, lost, undeliverable, stolen, damaged, garbled, incomplete, misaddressed, postage due or misdirected entries, e-mails or other communications; (d) errors, inaccuracies, omissions, interruptions, deletions, disconnections, failures, malfunctions, defects or delays in operations, programming or transmission of information, in each case whether caused by Entrant or arising by way of technical or other failures or malfunctions of computer hardware, software, networks, communications devices or transmission lines associated with or utilized in the Promotion; (e) data corruption, theft, destruction, unauthorized intervention or access to or alteration of the entry materials or the entry process of the Promotion; (f) technical or human error which may occur in the administration of the Promotion or the processing of entries; (g) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's e-mail account to receive e-mail messages; and (h) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's and/or School or School District's participation in the promotion or receipt or use or misuse of any prize. Without limiting the foregoing, Sponsor reserves the right to correct any such error. In the event that an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Promotion, provided that, if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
14. DISPUTES. Except where prohibited, Entrant agrees that: (1) any and all controversies, disputes, claims or causes of action, arising out of or in connection with this Promotion or any prize awarded must be resolved individually, without resort to any form of class action, and shall be settled by binding arbitration in accordance with the provisions of the Florida Arbitration Code found at Chapter 682, Florida Statutes, and administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof for enforcement; and (2) any legal actions in connection with the Arbitrator's decision, or otherwise if the Parties agree not to arbitrate, then any and all controversies, disputes, claims or causes of action, arising out of or in connection with this Promotion or any prize awarded, must be brought exclusively in the United States District Court for the Southern District of Florida, or other appropriate Florida State Court of competent jurisdiction located in Broward County, Florida; (3) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION; and (4) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
15. CAUTION. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THOSE MAKING SUCH ATTEMPTS TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
16. NAMES OF WINNER(S). To obtain a list of the winning Schools and/or School Districts, send a self-addressed, stamped envelope to: "The Balancing Act's Dream School Challenge Contest Winner(s) Request", The Balancing Act TV, 2001 W. Sample Rd., Pompano Beach, FL 33064, Attn: Digital Media Department. All requests must be received on or before August 1, 2012. Names of winner(s) will be sent after selection and verification of winner(s). Names of winner(s) may also be available on www.thebalancingact.com/sweepstakes after selection and verification.
17. PROMOTIONAL PARTNERS. Providers of the Prize Package ("Promotional Partners"), including individuals, companies and/or organizations, have provided donations, grants, products and/or services, in support of grant Awards to be provided by the Balancing Act TV, LLC through the Dream School Challenge Contest. For information on the individual Promotional Partners, including an updated list of the Promotional Partners and prizes offered, visit www.thebalancingact.com/sweepstakes. The Promotional Partners that have agreed to participate as of the date of these Official Rules are as follows:
- U Write Touch
- Virco Mfg. Corp.
- The Source for Learning
- Infinite Mind
- Madcap Logic, LLC
18. SPONSOR/ADMINISTRATOR. The Balancing Act TV, 2001 W. Sample Rd., Pompano Beach, FL 33064.
© 2011 The Balancing Act TV. All rights reserved.
