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Be Fearless Pledge (iPad) Sweepstakes
SWEEPSTAKES DESCRIPTION. These official rules ("Official Rules") apply to the “Be Fearless Pledge Sweepstakes” (the "Sweepstakes") offered by the Case Foundation in connection with the Case Foundation’s dedicated Be Fearless website (www.casefoundation.org/BeFearless) and Facebook page (www.facebook.com/casefoundation). The Sweepstakes’ purpose is to generate awareness about the Be Fearless campaign and encourage Facebook visitors to take the Be Fearless online pledge. Each eligible participant is offered the chance to win one (1) 16G, Wi-Fi enabled iPad (approximate retail value is $499.00 US).
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This Sweepstakes is sponsored by The Stephen Case Foundation (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
2. ENTRY PERIOD: The Sweepstakes for the iPad commences at 2:00:00 PM ET on June 4, 2012, and ends at 3:00:00 PM ET on July 13, 2012, (the “Sweepstakes Period”). All entries must be received by 3:00:00 PM ET on July 13, 2012, and any entries received thereafter shall be null and void, and ineligible for the Sweepstakes.
3. ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia. Entrants must be at least 13 years of age or older at time of entry. Employees ((and their immediate families) (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings)) of Sponsor and any affiliated companies, sponsors, advertising agencies, and third party fulfillment agencies are not eligible.
Entrants are eligible to win a maximum of one (1) iPad during this sweepstakes.
4. HOW TO ENTER: There are two ways to enter into the Sweepstakes and become an eligible entrant (“Entrant”), subject to the terms and conditions set forth herein:
(B) ALTERNATIVE ENTRY: In order to be entered into the Sweepstakes without completing and submitting the online entry form, an Entrant must send an e-mail with the Entrant’s first and last name, physical address, e-mail address, date of birth, and telephone number to email@example.com with the subject title of “Be Fearless Pledge Sweepstakes,” prior to conclusion of the Sweepstakes Period in accordance with the terms and condition set forth herein.
(C) GENERAL ENTRY TERMS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.” Entrants are limited to one (1) entry. In the event of a dispute over who submitted the winning entry, the authorized subscriber of the e-mail account used to participate in the Sweepstakes at the actual time of entry, will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries (both e-mail and electronic) and materials become the property of Sponsor and will not be acknowledged or returned. THE ODDS OF WINNING THE SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
6. PRIZE WINNER SELECTION AND NOTIFICATION: Subject to the terms and conditions set forth herein, there will be one (1) iPad winner randomly selected from among qualifying Entrants.
The iPad winner will be selected on or about 12 days after the conclusion of the Sweepstakes Period. The Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winner using the e-mail address provided by the Entrant as part of the entry process. If the potential Prize Winner cannot be contacted or do not respond (within 48 hours of attempted notification) and/or return two (2) copies of the completed Sweepstakes Documentation (as defined herein) within five (5) days of said attempted notification, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Sponsor for any e-mail(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, without limitation, as described in Article 7 below, which may require more than six weeks for processing and confirmation of same.
7. PRIZE WINNER VERIFICATION: Upon the request of Sponsor, the potential Prize Winner must sign and return the following documents in order to be eligible to receive the a Prize (as defined herein): (a) an affidavit of eligibility, (b) a publicity/liability release, (c) any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (a), (b) and (c) above), releasing Sponsor from any and all liability, loss, claims, demands, and causes of action for or related to (i) personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the receipt and/or use of any Prize and (ii) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, without limitation, the use/misuse and/or acceptance of any Prize; and (d) except where prohibited by law, a promotional release granting Sponsor the right to use each potential Prize Winner’s name and likeness for advertising, marketing and publicity purposes without additional compensation, credit, accounting, notification or approval (collectively, the “Sweepstakes Documentation”). By entering into the Sweepstakes, each Entrant (or the Entrant's parent/legal guardian, if the Entrant is deemed a minor in his/her state of legal residence) agrees to promptly sign and return all of the Sweepstakes Documentation.
8. PRIZE TERMS AND RESTRICTIONS: Only the Prize as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute any Prize with another prize of equal or greater value, including a cash award, in the event that the applicable Prize (or any component thereof) is not available.
Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winner. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use and redemption of any Prize. The Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety or performance of any Prize. Restrictions, conditions, and limitations apply. Sponsor shall not be liable for nor replace any lost or stolen element of any Prize. Designation as a Prize Winner is non-transferable or assignable to any other person or entity.
9. PRIZE DESCRIPTION AND CONDITIONS: Subject to all of the terms set forth in these Official Rules, the prize for the Sweepstakes is a 16G, Wi-Fi enabled iPad (color to be determined by the Sponsor). The approximate retail value of the prize is $499.00 US dollars, and the value of same may vary depending upon market conditions at the time of fulfillment and/or redemption. Any difference between the approximate retail value and the actual value, if any, will not be rewarded.
10. POSTING TERMS; RESTRICTIONS; LICENSE: In order to promote, market and publicize the Sweepstakes, the Sponsor Entities and certain other related initiatives, entities and services, the Sponsor Entities require a license to use any and all information, materials and content posted, made available or submitted in connection with each Entrant’s participation in the Sweepstakes, including, without limitation, each Entrant’s name (and likeness), user name(s), biographical information, and any other personal information (collectively, the “Postings”). By way of example and by no means limitation, the Postings may be used in connection with leader boards, widgets, Entrant lists, news feeds, emails, notifications, message boards, forums, blogs, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Sponsor Entities and/or other affiliated parties' property and branding (including, without limitation, promotional materials such as banners, photos, logos, trademarks, audio-visual content, widgets, etc.). Accordingly, each Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) hereby expressly grants the Sponsor Entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Postings in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection, royalty, accounting, liability or obligation of any kind to any Entrant or any other third party.
11. GENERAL TERMS: The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Sweepstakes or any Entrant’s activities associated therewith that may be deemed, in Sponsor’s sole discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Sweepstakes.
ANY VIOLATION OF THESE TERMS BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.
Sponsor reserves the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Sponsor is not responsible for errors in the administration or fulfillment of the Sweepstakes, including, without limitation, mechanical, human, printing, distribution or production errors, and may modify or cancel the Sweepstakes for any reason or no reason in its sole discretion without liability or obligation. Sponsor assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Postings, Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of any materials, administration of the Sweepstakes, or in the announcement of the Prize Winners. If, for any reason, any functionality or other aspect of the Sweepstakes is not capable of being offered and/or operated as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. Sponsor reserves the right in its sole discretion to disqualify any Entrant or other party for any reason, including those it finds to (a) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (b) be acting in violation of these Official Rules or the spirit of the Sweepstakes; or (c) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Sweepstakes, including, without limitation, on any entries or legal documents submitted in connection with the Sweepstakes or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct, in Sponsor’s sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrants agree to (a) indemnify and hold harmless Sponsor and Facebook from any and all liability resulting or arising from the Entrants acts or omissions in connection the Sweepstakes, and (b) to completely release and discharge Sponsor and Facebook from any and all claims, liability, actions, suits, debts, dues, contracts, controversies, agreements, direct or consequential damages, judgments, executions, and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, resulting or arising from or in connection with the Sweepstakes and hereby acknowledges that neither Sponsor nor Facebook have made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes or otherwise.
12. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or in connection with this Sweepstakes, or the Prizes awarded, or the determination of the Prize Winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and each Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. The Sponsor Entities and each Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.
14. PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner’s name, send a separate, stamped, self-addressed envelope to: Be Fearless Pledge Sweepstakes, Stephen Case Foundation, 1717 Rhode Island Avenue, N.W., Washington, DC 20036. Vermont residents may omit return postage. Requests received 30 days after the end of the Sweepstakes Period shall not be honored.
15. SPONSOR: This Sweepstakes is sponsored by Stephen Case Foundation, 1717 Rhode Island Avenue, N.W., Washington, DC 20036.