America's Yearbook Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSORS: This promotion (“Sweepstakes”) is sponsored by Shutterfly, LLC, 2800 Bridge Parkway, Redwood City, CA 94065 (“Shutterfly”), and its brand Shutterfly Lifetouch, LLC (“Lifetouch”) (collectively, “Sponsors”), subject to the following terms and conditions. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or Wyng.
2. ELIGIBILITY: The Sweepstakes is open only to public and/or nonprofit primary and/or secondary schools located in the United States, excluding Rhode Island, New York, Florida, Puerto Rico, and other U.S. territories, with an existing agreement for Lifetouch school photography services for the 2020-2021 school year at the time the Sweepstakes begins (“Eligible Schools”). Void where prohibited by law. Individuals submitting an entry for an eligible school must be at least 18 years of age at time of entry and must possess a valid form of identification. Invalid or ineligible entries shall be excluded from consideration. Employees of Sponsors, their respective parents, subsidiaries, affiliated companies, and agents, and foregoing employees’ household or immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter the Sweepstakes. By their submission of entry, participants warrant they are legally entitled and authorized to make such submission, either on their own behalf, or as to information submitted upon the express authorization of another on whose behalf the information is submitted. In the event of a dispute as to the winner’s identity, entries will be deemed made by the holder of the email account associated with the entry.
3. HOW TO ENTER: Entries may be submitted at Lifetouch.com/sweepstakes]. To enter, you must provide your first and last name, e-mail address, Eligible School’s name, city and state, upload a Lifetouch school yearbook photo of yourself or a child for whom you are the parent or legal guardian, and complete a release for the use of the photography in Lifetouch’s “America’s Yearbook” feature. By submitting a photo, you warrant that you are legally entitled and authorized to make such submission, either on your own behalf, or as the parent or legal guardian of the child (with the permission of any other parent(s) and/or legal guardian(s) of the child to submit the child’s photo). You also warrant that you possess the copyright to or a copyright release for the submitted image, or that the Individual Entrant otherwise has the rights necessary to release the image to Lifetouch for use in Lifetouch’s “America’s Yearbook” feature online, in print, or in any other medium.
Only one entry per e-mail address. Entries become the property of Sponsors and will not be acknowledged or returned.
4. ALTERNATE METHOD OF ENTRY: To enter the Sweepstakes without submitting a Lifetouch school yearbook photo via the website, write your name, valid postal address, e-mail address, and daytime telephone number on a 3x5 card and mail it to:
Shutterfly Lifetouch, LLC
Attn: America’s Yearbook Sweepstakes
11000 Viking Drive
Eden Prairie, MN 55344
Multiple entries are not permitted. Mailed entries must arrive at Lifetouch within the Promotion Period. Please print all information clearly and legibly. Illegible, incomplete, or late entries will be disqualified.
5. TIMING: The Sweepstakes begins at 9:00 a.m. Central Time (“CT”) on September 1, 2020 and continues until 11:59 p.m. CT on September 17, 2020 (“Sweepstakes Period”).
6. PRIZES AND ODDS: The winning Eligible Schools (“Winning Schools”) will receive one (1) promotional code for digital image access per student photographed on that school’s Fall Picture Day; one (1) Lifetouch yearbook; one (1) set of Shutterfly folders per student; and one (1) Shutterfly notebook per student (collectively, “Prize Package”). All prizes will be sent directly to the Winning Schools by Sponsors to be distributed to students by the Winning Schools. Total retail value (ARV) for all prizes will vary based on the size of the Winning Schools but will be approximately US $112.98 per individual student at each Winning School. Odds of winning will be determined by the number of eligible entries received. Prize Packages will be awarded to five (5) Winning Schools. Prizes are nontransferable and must be accepted as awarded. No prizes will be awarded directly to individuals submitting an entry for an Eligible School. No alternate prize(s) will be available for Winning Schools for students who have already purchased digital image access at the time of prize distribution. Winning Schools will be responsible for any required taxes (federal, state, and local), if applicable, and all expenses not listed herein related to acceptance and use of any prize. Prize will be awarded if properly claimed. Limit one Prize Package per Eligible School.
7. DRAWING: Winning Schools will be selected by random drawing from all valid eligible entries received. The drawing will be held on or about September 18, 2020. The drawing will be conducted by Sponsors, whose decisions on all matters related to the Sweepstakes will be final and binding and within their sole and subjective discretion. Winning is contingent upon compliance with all terms and conditions set forth in these Official Rules; any entry drawn or any potential winner(s) identified thereby found at any time to fail to comply with these Official Rules will be held invalid and ineligible for award.
8. NOTIFICATION; RESPONSE REQUIREMENTS: LIST OF WINNERS: Winning Schools will be notified by phone, U.S. mail, and/or email within five (5) business days following the drawing, on or before September 25, 2020. Within five (5) business days of notification, Winning Schools must respond to Sponsors. Within ten (10) days of notification, Winning Schools must complete, execute and return to Sponsors any tax form, affidavit, waiver, release, indemnity agreement, and/or any additional documents reasonably required by Sponsors in Sponsors’ sole and subjective discretion. Failure to comply with the requirements of this paragraph, participating in unfair play (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a Prize Package, in which case the relevant Prize Package will be awarded to an alternate by random drawing. A list of Winning Schools will be available for six months after award of prizes by sending a self-addressed envelope with sufficient prepaid postage to:
Shutterfly Lifetouch, LLC
Attn: America’s Yearbook Sweepstakes
11000 Viking Drive Eden Prairie, MN 55344
Residents of Vermont do not have to include return postage.
10. RELEASE: By participating in the Sweepstakes and/or accepting a prize, a participant/winner agrees to defend, release and hold harmless the Sponsors and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the foregoing companies’ officers, directors, shareholders, employees, representatives and agents, and Facebook (collectively “Releasees”) from and against any actions, claims and/or liability for injury, death, loss or damage of any kind, (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, and/or the use, misuse, inability to use, defect, delivery, acceptance, receipt or possession of a Sweepstakes prize, and/or participation in a Sweepstakes prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information.
By participating in the Sweepstakes and/or accepting a prize, a participant/winner consents to and gives the Sponsors the right to use, publish, and display a winner’s and/or participant’s name, school name, city and state, and prize awarded, for advertising, trade, publicity and/or promotional purposes, in any media now known or hereafter discovered, worldwide, and on the Web, without review, notification or approval, all without additional consideration, unless prohibited by law.
11. CONDITIONS: Participants and Winning Schools agree that by participating they release the Releasees from any liability in connection with: a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected: b) Any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a prize(s); and c) Any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. In the event that the Sweepstakes is infected by a computer virus/worm, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of entrants, or technical failure) or any other cause which in the sole opinion of Sponsors corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsors reserve the right in their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the entry website(s) mentioned above, and winner(s) will be determined solely by Sponsors in a random drawing from among all eligible non-suspect and/or non-disqualified entries. In such event, Releasees shall have no liability to any participant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
12. LAW: Subject to all federal, state, and local laws and regulations. Void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsors in connection with any drawing or award, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles. Any cause of action by participants and/or winners with respect to the offer (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these official rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these official rules shall be brought solely in San Mateo County, California. By participating and/or accepting a prize, participants and/or winners expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.