5 Days, 5 Ways Giveaway
No Purchase Required to Enter or Win; VOID WHERE PROHIBITED BY LAW
The "5 Days, 5 Ways" giveaway (the “Giveaway”) is open only to individuals who are (i) legal residents of the fifty (50) United States and the District of Columbia, (ii) an Educator (as described below) who has registered or does register before the Cut-Off Date (defined below) as a member (a “Member”) on www.teachingchannel.org (the “Teaching Channel Site”) by submitting their name and email, as well as submitting the name and location and any other requested information regarding the Qualified Educational Institution at which they are an Educator, and (iii) 18 years of age or older at the time such individual becomes a Member. An individual who meets all of the foregoing criteria is referred to as a “Qualified Member”.
“Educator” is an individual who meets each of the following: (a) is actively working at the beginning of the Giveaway Period (defined below) as a teacher, administrator, coach, or support staff in a Qualified Educational Institution; and (b) completes and submits accurate and complete information about the Qualified Educational Institutional as requested on the Teaching Channel Site. “Qualified Educational Institution” means an accredited school or other accredited educational institution in the United States for children in Pre-K through 12th grade.
Proof of age, residency and Educator status may be required. Employees of Teaching Channel ("Sponsor"), contractors, any agents acting for, or on behalf of Sponsor, its parent company, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the prizes or Giveaways and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All U.S. federal, state and local and municipal laws and regulations apply. The Giveaway is void where prohibited or restricted by law.
2. To Enter:
All Qualified Members will be entered into the Giveaway. Cut-Off Date: Any individual who becomes a Qualified Member on any day (prior to 11:59 pm Pacific Time) during the Giveaway Period (as defined below), will be entered only in the Giveaway drawing(s) conducted on the remaining days (if any) in the Giveaway Period beginning with the day after the date on which such individual becomes a Qualified Member. Limit one (1) entry per person per e-mail address. Entries will be deemed to have been submitted by the authorized account holder of the e-mail address at the time of the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The following Giveaway prize(s) with the stated approximate retail value (ARV) will be awarded to winners drawn on each of the following dates from May 5, 2014 through May 9, 2014 Pacific Time (the “Giveaway Period”): 20 Zappos gift cards with ARV of $50 each for the drawing held on Monday, May 5, 2014; 25 SpaFinder gift cards with ARV of $75 each for the drawing held on Tuesday, May 6, 2014; 30 Chalkfly gift cards with ARV of $25 each for the drawing held on Wednesday, May 7, 2014; 45 Amazon gift cards with ARV of $25 each for the drawing held on Thursday, May 8, 2014; 100 Starbucks gift cards with ARV of $10 each for the drawing held on Friday, May 9, 2014; and one (1) two-night Kimpton-brand hotel stay & restaurant voucher (the “Grand Prize”) with ARV of $550 for the drawing held on Friday, May 9, 2014. The winner of the Grand Prize is responsible for his/her own transportation to and from destination and must be used/redeemed by May 9, 2015. Winners of all prizes are subject to the terms and conditions for use of such prize as are stated on the applicable gift certificate. PRIZES WILL BE SENT ONLY TO THE ADDRESS OF THE EDUCATIONAL INSTITUTION LISTED IN WINNER'S REGISTRATION FOR THE TEACHING CHANNEL SITE. Sponsor will not be liable for unsuccessful efforts to deliver the prize. No cash or other substitution may be made except by Sponsor, in which case a prize of equal or greater value may be substituted. Any prize or portion of a prize that is not used is forfeited. All costs, taxes, fees, and expenses associated with the prize or the acceptance and use of any element of the prize are the sole responsibility of the winners. The providers of the Giveaway prizes are not participants, sponsors or affiliated with the Giveaway, and all trademarks relating to the prizes are the property of such providers.
5. Awarding Prizes:
Each day during the Giveaway Period, Sponsor will conduct a separate random drawing of all Qualified Members as of the preceding day, excluding any previous winners in the Giveaway (each a “Provisional Winner”) for a number of winners equal to the number of prizes to be awarded on that day. The Provisional Winners may be announced on the Teaching Channel Site and the Teaching Channel email newsletter, and each entrant in the Giveaway consents to use of his/her name in connection with such announcement. However, each entrant agrees that publication of a Provisional Winner’s name may occur prior to confirmation that the Provisional Winner has met all of the requirements to be a winner. Therefore, publication of a Provisional Winner’s name will not obligate Sponsor to award a prize to such Provisional Winner if he/she does not meet all requirements. Odds of winning any Giveaway daily drawing will depend on the number of eligible entries received prior to the drawing date as well as the number of prizes to be awarded on that day.
6. Provisional Winner Notification and Requirements:
Each Provisional Winner will be notified by email, using the information provided on the Provisional Winner's registration for the Teaching Channel Site. Except where prohibited, the Provisional Winner of the Grand Prize will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within fourteen (14) days of being notified. The Affidavit/Release will include verification of Educator status, such as a copy of the Educator’s school ID or business card. Provisional Winners of all prizes other than the Grand Prize will be required to respond to the email notification with the requested information within fourteen (14) days of being notified. Each Provisional Winner must send a reply email or return an accurate and complete Affidavit/Release, including proof of Educator status, as applicable depending on the prize, within the time period specified or the prize may be forfeited. Sponsor will not be liable for unsuccessful efforts to notify the Provisional Winner. Decisions by Sponsor of winner eligibility, notification, and acceptance or disqualification will be final and binding. Failure to comply with these Official Rules may result in disqualification.
The Giveaway Sponsor is Teaching Channel, 2201 Broadway, Suite #400, Oakland, CA 94612.
8. General Conditions:
The use of any agencies or automated software to submit entries will void all entries submitted by that person. Mechanically altered or reproduced entries are not eligible. In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Giveaway, or with any website promoting the Giveaway; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Giveaway multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made, as defined in Section 2.
9. Release of Liability; Disclaimer of Warranty:
This Giveaway is subject to all applicable federal, state and local laws. By participating, entrants waive any right to claim ambiguity in the Giveaway or these Official Rules. BY VIRTUE OF REGISTERING FOR THIS GIVEAWAY, WINNERS, PROVISIONAL WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS TEACHING CHANNEL AND ITS SUBSIDIARIES, AFFILIATES, DIVISIONS, PARTNERS, REPRESENTATIVES, SUPPLIERS (INCLUDING PRIZE SUPPLIERS), AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (THE "SPONSOR PARTIES") FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS) TO ANY PERSON (INCLUDING DEATH), OR TO PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN THIS GIVEAWAY OR ANY GIVEAWAY RELATED ACTIVITY AND FOR ANY CLAIMS OR CAUSES OF ACTION BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. THE SPONSOR PARTIES ASSUME NO RESPONSIBILITY FOR ANY INJURY OR DAMAGE TO ENTRANTS OR TO ANY OTHER PERSON'S COMPUTER, REGARDLESS OF HOW CAUSED, RELATING TO OR RESULTING FROM ENTERING THIS GIVEAWAY. ALL PRIZES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY FROM THE SPONSOR PARTIES OF ANY KIND. ENTRANTS AND WINNERS ACKNOWLEDGE THAT NONE OF THE SPONSOR PARTIES HAS MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES PROVIDED BY THE SUPPLIER OF ANY PRIZE (OR ANY COMPONENT THEREOF) OR THEIR AFFILIATES.
10. Limitations of Liability; Right to Cancel, Modify:
Sponsor shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right to terminate, cancel or suspend the Giveaway for any reason in Sponsor's sole discretion. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway promotion, including the entire Giveaway promotion, and/or modify the Giveaway. In the event of any such termination, cancellation, suspension and/or modification of the Giveaway, Sponsor reserves the right, in its discretion, to conduct a random drawing to award the prize using all eligible entries received as of the date of such termination, cancellation, suspension and/or modification. Any trade names, trademarks or service marks shown as part of the materials associated with the Giveaway are the property of their respective owners.
11. Claims/Choice of Law:
(a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts of law doctrine, and all proceedings shall take place in California. All entrants who enter the Giveaway agree to submit to the exclusive jurisdiction of the courts of the State of California and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Giveaway or these Official Rules.
12. Giveaway Results:
To request the names of the winners, send a self-addressed stamped envelope to Teaching Channel, 2201 Broadway, Suite #400, Oakland, CA 94612 and write “ATTN: 5 Days, 5 Ways Giveaway.” Requests must be received no later than July 1, 2014.