Spring 2018 Macmillan Learning Student Store Study Tips Contest
Official Rules
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO, AS OF THE DATE OF ENTRY, ARE 18 YEARS OF AGE OR OLDER , ARE ENROLLED AS A STUDENT AT A HIGHER EDUCATIONAL INSTITUTION WITHIN ANY OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND WHO HAVE VISITED THE ONLINE MACMILLAN LEARNING STUDENT STORE (located at store.macmillanlearning.com). VOID WHERE PROHIBITED. U.S. PROMOTION LAWS GOVERN THIS CONTEST.
-
ELIGIBILITY: The Spring 2018 Macmillan Learning Student Store Study Tips Contest (the “Contest”), sponsored by Bedford, Freeman & Worth Publishing Group, LLC, doing business as Macmillan Learning (“Sponsor”), is open only to legal residents of the 50 United States and the District of Columbia who as of the date of entry are 18 years of age or older, are enrolled as a student at a higher educational institution within any of the fifty (50) United States or the District of Columbia and who have visited the online Macmillan Learning Student Store (located at store.macmillanlearning.com). Employees of Sponsor or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies, and members of the household (whether related or not) of any such employee, are not eligible. Void where prohibited by law.
-
HOW TO ENTER: The entry period for the Contest begins at 12:01am Eastern Time (ET) on February 1, 2018 and continues through 11:59pm ET on February 19, 2018 (the “Entry Period”). To enter, you must (1) follow @MacmillanLearning on Instagram and (2) create and post to your Instagram account during the Entry Period an original video in which you answer the question - “What is your best study tip to prepare for midterms or finals” (the “Entry Topic”). Your Instagram post must contain @MacmillanLearning and the hashtags #macmillansmart and #contest (the “Hashtags”). Making an Instagram post during the Entry Period that includes an original video in which you address the Entry Topic and a caption that includes @MacmillanLearning and the Hashtags (collectively, a “Submission”) constitutes acknowledgement of and consent to these Official Rules. The entrant must ensure that the Submission remains viewable on his or her Instagram account throughout the remainder of the Entry Period. Each Submission must comply with the Instagram Terms of Use and the Instagram Community Guidelines and with all technical requirements of Instagram. Submissions must be posted prior to the conclusion of the Entry Period. The entrant must be the owner of the Instagram account used to post the Submission. Each Submission must comply with all of the guidelines set forth in Section 3. There is a limit of one (1) entry per person and per Instagram account. Each entrant may only use one Instagram account to enter. Each Submission must be unique and an entrant cannot submit the same Submission more than once. All entries are subject to verification at any time. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
-
SUBMISSION GUIDELINES: By submitting a Submission, the entrant represents and warrants that he or she has complied with all of the requirements set forth in this Section 3. Sponsor reserves the right in its sole discretion to disqualify any Submission that Sponsor determines does not comply with the guidelines set forth in this Section 3 or to require the entrant to make such changes to any Submission as are necessary to make it compliant. The Submission must comply with the following guidelines: (a) the Submission must not exhibit the entrant engaging in or otherwise promoting any unsafe, illegal, illicit, violent or dangerous behavior; (b) the Submission must be original; (c) the entrant must own the copyright in the Submission; (d) the Submission must not previously have been published for commercial purposes or won any award; (e) the Submission must not contain any material that is defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda; (f) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use by the Contest Entities requires a license or permission from or payment to any third party; (g) if the Submission identifies or depicts any person other than the entrant, the entrant must have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified or depicted is a minor) to the use by the Contest Entities of the Submission including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder; and (h) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or for posting on Sponsor’s website and/or social media channels. By submitting a Submission, the entrant represents and warrants that he or she has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission as permitted pursuant to Section 6 of these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. In addition, Sponsor may in its discretion require that the consents from or with respect to people identified or depicted in the entrant’s Submission be in a form specified by Sponsor, and at Sponsor’s request, each entrant agrees to obtain from each such person (or a parent or guardian, if applicable) a signed release in such form specified by Sponsor.
-
WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, three (3) potential prize winners will be selected by judges designated by Sponsor (the “Judges”) from among all eligible Submissions received during the Entry Period, by applying the following criteria (the “Judging Criteria”), weighted as indicated: (a) extent to which the Submission addresses the Entry Topic (33%), (b) creativity and thoughtfulness (33%), and (c) overall impression (34%). The entrant whose Submission receives the highest score form the Judges based on the Judging Criteria will be the first place prize winner, the entrant whose Submission receives the next-highest score form the Judges based on the Judging Criteria will be the second place prize winner, and the entrant whose Submission receives the next-highest score form the Judges based on the Judging Criteria will be the third place prize winner, in each instance subject to verification of the winner’s eligibility. In the event of a tie, the tie will be broken based on the tied entrants’ “overall impression” score. The odds of winning depend on the number and quality of eligible entries received. The potential winners will be notified via Instagram Direct and will be required to respond within seventy-two (72) hours of Sponsor’s initial notification attempt with his or her first name, last name, date of birth, mailing address, e-mail address and such other information as sponsor may require in its discretion. Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within three (3) days of attempted delivery of same. If a potential winner cannot be reached or does not respond within seventy-two (72) hours of the initial notification attempt, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required documentation within three (3) days of attempted delivery of same, or if a potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor's discretion, be selected for the prize from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
-
PRIZES: Three (3)] prizes will be offered. The prizes are gift cards with the following face values: First place: USD $500, Second place: USD $250 and Third place: USD $100. The approximate retail value (“ARV”) of each prize is set forth in the prior sentence. The aggregate ARV of all prizes is $850 USD. All prize details will be determined by Sponsor in its discretion. Use of gift cards is subject to the issuer’s terms and conditions. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize with a prize or prize component of equal or greater value selected by Sponsor in its discretion. Each prize consists only of those item(s) expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of a prize are the responsibility of the winner. All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued in the prize recipient’s name if required by law. Each prize is awarded “as is” and without any warranty, except as required by law.
-
GRANT OF RIGHTS: By entering the Contest, each entrant grants permission to Sponsor and each of Sponsor’s parent companies, affiliates, subsidiaries and successors, and each of their agents and licensees (all of the foregoing, the “Contest Entities”) to use the entrant’s name, biographical information, voice and likeness for purposes of advertising, trade and other commercial purposes and for any other purpose, worldwide, in all media and formats whether now or later known or developed, without further notice or compensation, unless prohibited by law. In addition, by entering the Contest, each entrant grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest and/or Macmillan Learning or for any other purpose (including, without limitation, posting the Submission on Sponsor’s website and social media channels), worldwide, in all media and formats whether now or later known or developed, without further notice or compensation.
-
RELEASE AND LIMITATION OF LIABILITY: By entering, each entrant releases and agrees to hold each of the Contest Entities, all other companies involved in the development or operation of the Contest and Instagram, and the directors, officers, employees and assigns of all of the foregoing (all of them, the “Released Parties”), harmless from and against any and all claims and liability arising out of the entrant’s participation in the Contest, the creation of any Submission, the operation of the Contest, the acceptance or use of a prize or the use of the entrant’s name, biographical information, voice, likeness and/or Submission, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, copyright infringement, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize or winner. In no event will more than the number of prizes specified in these Official Rules be awarded.
-
GENERAL RULES: Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Contest at any time in its discretion, including without limitation in the event of any changes to the terms applicable to the use of Instagram. Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Submission with these Official Rules, or as a result of any technical or other problems, or because of any other circumstance which, in the opinion of Sponsor, in its sole and absolute discretion, affects the proper administration of the Contest as contemplated in these Official Rules, or for any other reason. The Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Submissions, entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of Submissions or entries or the administration of the Contest. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, technical problem, entrant fraud or misconduct, or other cause beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest or if for any other reason Sponsor is not able to conduct the Contest as planned (including without limitation in the event the operation of the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state, provincial/territorial or local law, order or regulation or court order). In the event of termination of the Contest, a notice will be posted and the winner(s) selected in accordance with the procedures set forth in these Official Rules from among all eligible entries received prior to the time of termination to award any remaining prize. All federal, state and local laws and regulations apply. Proof of submission does not constitute proof of entry. Entry times will be determined based on the timestamp attributed to the Submission by the Instagram platform. Normal time rates and/or data rates (as applicable), if any, charged by the entrant’s internet or mobile service provider will apply. All entry materials become the property of Sponsor and will not be verified or returned. By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
-
DISPUTES: By entering the Contest, each entrant agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction.); and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Contest. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail. All entries are subject to verification at any time.
-
USE OF INFORMATION: Sponsor and/or its agents or contractors will collect personal information regarding Contest entrants, which will be subject to Sponsor’s privacy policy available at http://www.macmillanhighered.com/Catalog/other/privacy. By entering the Contest, each entrant agrees that information submitted in connection therewith may be used as permitted pursuant to such Privacy Policy and may also be used in connection with the administration of the Contest.
-
WINNER’S NAME AND RULES REQUESTS: For a complete list of the names of the winners, available after February 26, 2018, send a self-addressed, stamped envelope to: Macmillan Learning Spring 2018 Student Store Contest, c/o Bedford, Freeman & Worth Publishing Group, LLC, One New York Plaza, New York, NY 10004.
-
SPONSOR: Bedford, Freeman & Worth Publishing Group, LLC, doing business as Macmillan Learning, New York, NY10004. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.