Thank You, Teachers Contest Official Rules
NOMINATE YOUR FAVORITE TEACHER WHO HAS SHOWN A SPECIAL COMMITMENT TO THEIR STUDENTS TO WIN A $5000 CASH PRIZE AND A $1000 SHUTTERFLY CREDIT IN CELEBRATION OF NATIONAL SCHOOL PICTURE DAY. BY PARTICIPATING IN THE CONTEST (WHETHER AS AN ENTRANT, A NOMINEE, OR OTHERWISE), YOU AGREE TO ABIDE AND BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH MAY BE MADE IN SPONSOR'S SOLE DISCRETION AND ARE FINAL AND BINDING. .
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR AND CONTEST SITE. The Lifetouch Thank You Teachers Contest ("Contest") is sponsored by Shutterfly Lifetouch, LLC, 11000 Viking Drive ("Sponsor"). The Contest is operated at www.Lifetouch.com/Contest ("Contest Site"). This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Pinterest, LinkedIn, or Wyng. .
2. CONTEST PERIOD. The Contest begins at 7:00 a.m. CT on Friday, August 7, 2020 ("Start Date"), and ends at 11:59 p.m. CT on Friday, August 21, 2020 ("End Date"), and such period ("Contest Period"). Entries will not be accepted after the End Date.
4. THE CONTEST.
a. REGISTRATION. Beginning on the Start Date, you may register to participate in the Contest by visiting the Contest Site (www.Lifetouch.com/Contest) and following the entry instructions. Entrants will be required to fill out and submit the entry form, as well as upload a photo submission. As part of an entry, Entrant must agree to these Official Rules, enter their first and last name and valid email address, identify the Nominee that they would like to submit (including their name and school), and write a brief summary (500 words or less) of how the Nominee has shown a special commitment to their students and deserves to win the Contest. Each individual who so enters the Contest will be deemed an "Entrant." Each teacher nominated by an Entrant will be deemed a “Nominee.” You may not register as an Entrant more than once or using more than one Facebook account, email address, identity, username, or registration. Entrant represents and warrants that his/her entry is 100% the original work of the entrant produced for this Contest, is truthful, and has not been previously published or entered in or won previous contests or awards. Entries are subject to verification by Sponsor, all entries become the property of Sponsor, and none will be returned or acknowledged.
ii. CONTEST COMMUNICATIONS. In order for you to participate in the Contest, you hereby consent to the receipt of communications regarding the operation of the Contest that may be sent to you from Shutterfly or other companies it may use to perform services necessary for the operation of the Contest. If you do not wish to receive communications about the Contest, do not enter the Contest.
iv. REPRESENTATIONS AND WARRANTIES REGARDING ENTRIES. You represent and warrant that your Entries do not and shall not comprise or contain, as determined in Sponsor's sole discretion: (A) false statements or misrepresentations of your affiliation with a person or entity; (B) personally identifying information or other personal or identifying information about you or any individual, except as necessary to properly identify yourself and the Nominee (e.g. name); (C) materials or statements that are false, deceptive, misleading, scandalous, indecent, obscene, pornographic, unlawful, defamatory, libelous, fraudulent, tortious, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or that contain nudity, pornographic images, explicit sexual themes, or graphic violence; (D) anything encouraging conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate; (E) any advertising, promotion or other solicitation, or any third party brand name or trademark; (F) any material, non-public information about any Contest Entity; or (G) any virus, worm, Trojan horse, or other harmful code or component.
c. ENTRIES. Sponsor may take whatever actions it deems necessary or appropriate in its sole and subjective discretion to protect the Contest Entities and the operation of the Contest, including without limitation removing or disqualifying any Entrant, Nominee, or Entry, and retains sole and subjective discretion as to what constitutes unsuitable content. Any Entry that does not meet all Entry Requirements or any Entrant or Nominee that participates in unfair play may, upon discovery by Sponsor, be subject to disqualification. No means of entry other than through the Contest Site will be accepted. You may not submit identical or substantially similar Entries more than once during the Contest Period or use any robotic, automatic, macro, programmed, or like methods to enter the Contest. No changes may be made to Entries once they have been submitted. Sponsor does not assume responsibility for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider, Internet, web site (including the Contest Site), or software inaccessibility or unavailability; Internet traffic congestion; or unauthorized intervention. Sponsor is not responsible for any typographical or other errors or inaccuracies in connection with the Contest. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute regarding the origin of an Entry, the authorized holder of the applicable email account will be deemed to be the Entrant.
d. JUDGING: On or about August 24, 2020, up to fifty (50) Entries will be selected at random to progress to Submission Judging. Entries deemed ineligible for any reason will not be included in the random drawing. The fifty randomly drawn Entrants/Nominees WILL NOT receive notice of their status. Sponsor reserves the right to proceed to Submission Judging with fewer than fifty Submissions should there be fewer than fifty eligible Submissions received. Odds of being selected depend on the number of eligible Entries received. Between 9:00 a.m. CT on August 25, 2020 and 11:59 p.m. CT on August 28, 2020, a panel of judges appointed by Sponsor ("Panel") will review the fifty randomly selected Entries and choose one (1) Winner based on the following criteria:
i. Nominee is a currently working teacher;
ii. Submission showcases how the nominee has gone above and beyond to support their students;
iii. Quality of submission, including relevance of submission to Lifetouch’s brand principles – Simple. Real. Joyful; and
iv. Sponsor reserves the right to disqualify an Enrant for any reason.
The Panel will select one Entry from the fifty randomly selected Entries that, in the Panel’s sole and subjective discretion, best fulfills the judging criteria. The Nominee featured in this Entry will be the “Winner.” .
Winner will be notified between August 28, 2020 and September 2, 2020. All decisions made by Sponsor on all matters related to the Contest will be final and binding and within its sole and subjective discretion. Winning is contingent upon compliance with all terms and conditions set forth in these Official Rules. If the Winner is ineligible or is unable or unwilling to accept the Prize for whatever reason, the Panel will select an alternate Entry whose Nominee will be the Winner. If that winner is ineligible or is unable or unwilling to accept the Prize, the Panel will continue selecting Winners until the prize is accepted. The Winner’s identity will be available for six months after award of prizes by sending a self-addressed envelope with sufficient prepaid postage (residents of Vermont do not have to include return postage) to:
Shutterfly Lifetouch, LLC
Attn: America’s Yearbook Sweepstakes
11000 Viking Drive
Eden Prairie, MN 55344
e. NOTIFICATION; RESPONSE REQUIREMENTS. Winner and Entrant nominating the Winner will be notified by phone, U.S. mail and/or email by no later than one week after selection of a Winner. Within forty-eight (48) hours of notification, Winner and Entrant nominating the Winner must respond to the Sponsor. Within five (5) days of notification, Winner must complete, execute and return to the Sponsor any tax form, affidavit, waiver, release, indemnity agreement, and/or any additional documents required by the Sponsor in the Sponsor’s sole discretion. Failure to comply with the requirements of this paragraph (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, in which case the Prize may be awarded to an alternate winner. .
f. PRIZES. Total approximate retail value (ARV) for all prizes: US $5000 cash prize and US $1000 Shutterfly credit (US $6000 total ARV). Issuance and use of gift card or promotion code Prizes is subject to recipient's compliance with all laws, rules, and regulations, as well as any terms, conditions, restrictions, criteria, and conditions imposed by issuer and its agents (which may include age and other restrictions on use); see issuer web site for details. All federal, state, local, and other taxes on or in connection with any Prize (including on purchase made with any Prize), and all tax reporting consequences, are the sole responsibility of Winner. Sponsor may substitute a prize of equal or greater value if any Prize is unavailable. Endorsement, transfer, or substitution of Prizes by Winner is prohibited. If Winner is unable to comply with these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select a new Winner. .
5. RIGHTS IN ENTRIES. By submitting Entries to the Contest, you grant to Shutterfly a worldwide, non-exclusive, sublicenseable, transferable, assignable, royalty-free, fully paid-up, perpetual, irrevocable right and license to: (a) reproduce, distribute (through multiple tiers), adapt, modify, edit, create derivative works of, transmit, perform and display (publicly or otherwise), make available, use and exploit (and have others exercise such rights on behalf of Sponsor, through multiple tiers) such Entries and any ideas embodied therein, in any current or future format or media on or in connection with the Contest Site and the Sponsor’s websites, and on or in advertisements and other promotional materials (whether on the Contest Site or the Sponsor’s websites or otherwise); (b) review and vote on such Entries; and (c) use your name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising or promotional purposes in connection with such Entries; in each case, without compensation or other consideration to, or any obligation to report to, you or any third party. The foregoing license shall survive any termination or expiration of these Official Rules. All Entries will be deemed to be non-confidential and may be used on a non-restricted basis. To the maximum extent permitted by law, you agrees to forever release, discharge, and waive all claims against Sponsor and each of the other Contest Entities from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against any Contest Entity with respect to, any Losses (as defined in Section 7(d) below) that relate in any way to the Contest, these Official Rules, or any Entries, including without limitation any claim for idea misappropriation. Entrant intends to expressly waive and relinquish, and hereby expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California ("Section 1542") or any similar principle of law with respect to any Losses, and does so understanding and acknowledging the significance of such specific waiver of Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Additionally, you waive any and all rights that you may have under any laws or statutes worldwide that concern "moral rights" or "droit moral," in connection with your Entries.
a. REPRESENTATIONS AND WARRANTIES. By submitting an Entry to the Contest, you represent and warrant that: (i) you have the legal right and authority to agree to these Official Rules with Sponsor; (ii) all information you provide in connection with the Contest is and will remain true, accurate, and complete; (iii) such Entries are your original, sole work; (iv) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under such Entries and to grant to Sponsor the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in such Entries, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant to Sponsor the rights and licenses set forth herein, and you will provide such clearances to Sponsor upon request; (v) to the extent that any identifiable individual appears in such Entries, you have obtained the written consent, release, and/or permission of each such individual, to use such individual's name and likeness for purposes of using and otherwise exploiting such Entries as contemplated by these Official Rules, and, if any such individual is a Minor, you have obtained such written consent, release and/or permission from such individual's parent or guardian, and in each case you will provide such consents, releases and/or permissions to Sponsor upon request; (vi) such Entries, and the use and other exploitation thereof by Sponsor and its designees, do not and will not infringe upon or violate any intellectual property rights or other rights of any third party; (vii) with respect to Entries comprising audiovisual materials, such materials and all characters, roles, plots, subplots, and concepts therein are novel and original to you, that no other persons participated in the production of the materials, and that no person involved in the creation of such materials is a member of the Writer's Guild of America, Screen Actors Guild, American Federation of Television and Radio Artists, Directors Guild of America or any other guild or performing rights society (and that no payments are required to be made to any such entity) or is entitled to any type of compensation concerning such materials or their distribution; (viii) such Entries are not confidential and do not contain any confidential information; and (ix) in creating and submitting such Entries, you have complied and will comply with all laws, rules, and regulations, and you have not violated and will not violate any understanding or agreement by which you are bound. Sponsor reserves the right (but has no obligation) to verify that all necessary rights, clearances, consents, releases, and/or permissions in connection with any Entry have been obtained, and to disqualify any Entrant from the Contest and/or to refuse, reject, remove, or delete any Entry if Sponsor determines at any time that all necessary rights, clearances, consents, releases, and/or permissions have not been obtained. You agree to cooperate with Sponsor in any verification or inquiries related to the foregoing. This Section 7(a) shall survive any expiration or termination of these Official Rules.
b. DATES AND DEADLINES; CHANGES TO CONTEST. In light of the unique nature and scope of the Contest and the complexity of the technology underlying its administration, Sponsor reserves the right, in addition to the other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Contest. Further, if the Contest is not capable of continuing as planned for any reason, including without limitation by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in Sponsor's sole opinion, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to modify, postpone, clarify, delay, suspend, cancel, and/or terminate the Contest, in whole or in part, including without limitation by modifying these Official Rules.
c. DISCLAIMER AND LIMITATION OF LIABILITY. The Contest Entities are not responsible for any incorrect or inaccurate information, reviews, votes, or other materials, whether caused or created by users of the Contest Site or the Sponsor’s websites, by tampering or "hacking," or by any of the equipment, software, or programming related to the Contest Site, the Sponsor’s websites, or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Contest Site, the Sponsor’s websites, or any Entry, or any inability to upload or submit any Entry. Although Sponsor attempts to ensure the integrity of the Contest, Sponsor is not responsible for the actions of Entrants or other participants in connection with the Contest, including Entrants' or others' attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other equipment, or person in connection with the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE OR ANY ENTRIES, REMOVAL FROM THE CONTEST SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE, OR OTHERWISE ASSOCIATED WITH THE CONTEST OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE CONTEST SITE OR THE SPONSOR’S WEBSITES, AND ALL PRIZES, ARE MADE AVAILABLE BY SPONSOR "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE CONTEST SITE IS ENTIRELY AT YOUR OWN RISK. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
d. RELEASE AND INDEMNIFICATION. BY ENTERING THE CONTEST, YOU RELEASE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, TWITTER, PINTEREST, LINKEDIN, OR WYNG AND THE OTHER CONTEST ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: (I) THE CONTEST OR PARTICIPATION THEREIN; (II) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE OFFICIAL RULES, ANY AFFIDAVIT/RELEASE OR OTHER DOCUMENT IN CONNECTION WITH THE CONTEST, OR ANY OTHER TERMS AND CONDITIONS (INCLUDING OF THIRD PARTIES) TO WHICH YOU MAY BE BOUND; (III) YOUR ENTRIES AND ANY OTHER MATERIALS AND INFORMATION YOU PROVIDE IN CONNECTION WITH THE CONTEST OR ANY CLAIM THAT YOUR ENTRIES OR THE USE THEREOF INFRINGE UPON OR VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF, OR HARM, ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION PAST, PRESENT OR FUTURE INFRINGEMENT, MISAPPROPRIATION, LIBEL, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY, OR VIOLATION OF ANY RIGHTS RELATED TO THE FOREGOING); OR (IV) ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE.
e. GOVERNING LAW; DISPUTES. All federal, state, and local laws and regulations apply to the Contest. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the State of California, without regard to its principles of conflicts of law. As a condition of participating in this Contest, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with these Official Rules and/or this Contest shall be resolved individually, without resort to any form of class action, exclusively before any State or Federal court located in the County of San Mateo, California, and you irrevocably agree to submit to the exclusive jurisdiction of and waive any jurisdictional, venue or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonably attorneys' fees), other than your actual out-of-pocket expenses (i.e., costs directly incurred in entering this Contest) and you further waive all rights to have damages multiplied or increased. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. Without limitation, you agree that a printed version of these Official Rules will be admissible in any proceedings based on or relating to these Official Rules to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
g. SEVERABILITY. If any provision of these Official Rules, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Official Rules, and the remainder of these Official Rules and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
h. NON-ENDORSEMENT. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Contest Site or the Contest.
i. MISCELLANEOUS. Any heading, caption or section title contained in these Official Rules is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any conflict between any information provided on the Contest Site or the Sponsor’s websites regarding the Contest (such as a "F.A.Q."), on the one hand, and these Official Rules, on the other, these Official Rules shall govern. These Official Rules, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Sponsor without restriction. The licenses, rights, waivers, and releases granted by you herein, and all warranties, indemnities, and other provisions of these Official Rules that may reasonably be interpreted or construed as surviving the expiration or termination of these Official Rules, shall survive any expiration or termination of these Official Rules.
These Official Rules ©2020 Shutterfly Lifetouch, LLC. All rights reserved.