The NC School Heroes Promotion ("Promotion") is sponsored by the North Carolina Education Lottery ("Sponsor"), located at 2728 Capital Boulevard, Suite 144, Raleigh, NC 27604.
1. PROMOTION PERIOD: The Promotion begins on February 18, 2019 at 12:00 PM (noon) Eastern Time ("ET") and ends on March 31, 2019 at 11:59:59 AM ET ("Promotion Period"). During the Promotion Period, North Carolinians, 18 years of age or older, may submit a nomination or entry for an outstanding K through 12 public school employee.
|Entry Period||Start Date
(at 12:00 PM ET)
(at 11:59:59 AM ET)
(on or about)
The Prize Winners will be informed first as set forth below and then via posting on the Promotion Page. Only one (1) Prize will be awarded per person regardless of the number of Entries submitted (see Section 5 below for further details).
2. ELIGIBILITY: An Entrant (as defined in Section 3 below) must be a legal resident of North Carolina and be at least eighteen (18) years of age at the time of entry. Commissioners, Officers, directors, agents, sales representatives, distributors, and employees of the North Carolina Education Lottery, Mullen Lowe, IGT, SGI, Pollard Banknote, their parent companies, subsidiaries, affiliates, and the Sponsor's advertising, promotion and web design agencies (”Promotion Entities”) and their household members and immediate family members, e.g., children, spouse, siblings, parents and the "steps" of each of the aforementioned and other individuals/entities directly associated with this Promotion are not eligible to enter or win.
The Promotion is subject to all applicable federal, state and local laws and/or regulations and every action taken by an Entrant in the Promotion must comply with these laws and regulations.
Participation in the Promotion consists of an Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entrant must be the authorized account holder of the e-mail address associated with the account used to submit the entry or the e-mail address submitted through the Website. "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 other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. HOW TO ENTER: During the Entry Period, an eligible entrant ("Entrant") may enter the Promotion via the NCSchoolHeroes website. To enter the Promotion through the Website, the Entrant must logon to the Website, provide the requested information, and follow the on-screen prompts to answer questions and upload photos or video.
By submitting an entry, Entrant hereby grants permission for the entry to be posted on the Website, the Sponsor's website, social networks or other website for public view as solely determined by the Sponsor.
By submitting an entry, each Entrant agrees to the terms and conditions set forth in these Official Rules, and agrees that his or her entry conforms to the entry guidelines and restrictions set forth in Section 4 of these Official Rules ("Entry Requirements").
4. ENTRY REQUIREMENTS:Each entry:
NOTE: Sponsor reserves the right to disqualify any Entrant whose entry is in violation of these Entry Requirements or who violates any other provision of these Official Rules, as determined by Sponsor in its sole discretion.
In addition, by participating in the Promotion, Entrant agrees that: (a) all rights, titles and interests in Sponsor's IP, and all goodwill related thereto, belong exclusively to Sponsor, (b)Entrant has not and will not take any action that might harm or adversely affect such rights, (c) no rights, titles or interests in and to the Sponsor's IP, except for the limited license granted to Entrant in these Official Rules, are transferred or created hereby, (d) Sponsor's IP rights are valid and enforceable, and that Entrant will do nothing to challenge the validity or enforceability of Sponsor's IP in any forum, and (e) the use of Sponsor's IP is permitted only for the purpose of making a submission in this Promotion and any use of Sponsor's IP (whether in a Promotion entry or otherwise) that exceeds the scope of this limited license infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
5. ODDS OF WINNING: The odds of winning a prize depend on the number of eligible entries received during the Entry Period and the quality of each entry as evaluated by the judge(s) on the basis of the judging criteria described in these Official Rules. Sponsor cannot predict or guarantee any specific number of eligible entries for this Promotion. NO PURCHASE IS NECESSARY TO PARTICIPATE.
6. GENERAL SUBMISSION TERMS: Entries generated by script, macro or other automated means are void. Each Entrant hereby irrevocably grants Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional and/or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the entry. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. All entry materials submitted by Entrants become the property of Sponsor and will not be returned. Sponsor reserves the right to remove an Entrant's entry (if applicable) and disqualify an Entrant from the Promotion if Sponsor determines, in its sole and absolute discretion, that an entry fails to conform to the entry requirements set forth herein.
7. JUDGING AND WINNER SELECTION: Entrants and visitors to the NCSchoolHeroes website may vote for their favorite entries. The top 200 eligible entries (Finalists) as determined by the number of likes received during the Promotion period will be judged by a panel of judges who are employees of Mullen Lowe, the Sponsor's designated advertising firm and who are experienced marketing professionals (“Judges”) to select ten (10) potential winners. The Judges will score each entry on a scale of 0 to 5 on its merits according to two key criteria: (1) entry must reflect the values of the NCEL; and (2) the entry must provide strong emotional resonance. All selected candidates will be deemed potential winners, pending verification of eligibility and compliance with these Official Rules, as determined by Sponsor, at Sponsor's sole discretion. In no event will there be more than ten (10) winners. Limit one (1) prize per person/household. The Judges' decisions are final and binding in all matters.
8. PRIZES AND CONDITIONS:
Prizes (10) per category of winners: The total estimated value of prizes to be awarded in the Promotion is as follows:
A. Prize Conditions: The right to receive a prize is non-transferable and non-assignable. Sponsor reserves the right to substitute a prize of equal or greater value at Sponsor's sole discretion. Any additional Federal, state and local taxes, if any, are the sole responsibility of each winner.
9. PRIZE NOTIFICATION/HOW TO CLAIM A PRIZE: On or about the Notification Dates set forth in the chart in Section 1 above, the potential winners selected will be sent a notification with further instructions on how to claim a prize, including requesting the potential winner to provide his or her mailing address. Potential winners will be contacted at the e-mail address provided when submitting the entry. Each potential winner will be required to follow instructions in the Direct Message/on the posting/in the notification e-mail, and provide the Sponsor with his/her e-mail address, first name, last name (no initials), complete street address (no PO Box), city, state, Zip Code, and birth date. In addition, before being declared a winner, each potential winner may be required to sign and return an affidavit of eligibility and a liability and/or publicity release ("Affidavit") which must be received by Sponsor within five (5) business days from the date of notification or the applicable prize may (in Sponsor's sole discretion) be forfeited and, in Sponsor's sole discretion, awarded to an alternate winner as set forth below. Prizes will be awarded approximately two to four weeks after verification of a winner's eligibility and Sponsor's receipt of the Affidavit. In the event that a winner notification is returned as undeliverable, or if there no response to a winner notification within twenty-four (24) hours, or if a potential winner is found ineligible or does not comply with these Official Rules (including returning the Affidavit within 5 business days), that potential winner may, at the Sponsor's sole discretion, be disqualified, and the prize he or she may have been awarded will be forfeited. If a potential winner is disqualified for any reason, the Entrant whose entry receives the next-highest score from the Judges as set forth in Section 7 may be designated an alternate potential winner.
10. LIMITATION OF LIABILITY; RELEASE; INDEMNITY: By participating in this Promotion, Entrants agree that the Promotion Entities, the State of North Carolina, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective commissioners, officers, directors, employees, representatives, designees and agents, and any advertising or social media platform, such as Facebook, Twitter or Instagram, on which the Promotion is advertised or through which it is accessed or entered, and the successors and assigns of all such persons ("Released Parties") are not responsible or liable for, and to the maximum extent permitted by law, releases and hold harmless the Released Parties from and against, any and all claims, injuries, liabilities, costs, expenses, losses, damages or injuries of any kind, and resulting from (i) participation in the Promotion or any Promotion-related activity, (ii) from Entrants' acceptance, receipt, possession and/or use or misuse of any prize, (iii) any breach or other violation by such Entrant of these Official Rules, any applicable site or platform policies, or applicable law; (iv) any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by Entrant, printing errors, human error, or by any of the equipment, services, or programming associated with or utilized in the Promotion, (v) any damage to an Entrant's equipment (such as a computer system or mobile device) which is occasioned by accessing the Promotion Site, Twitter, or participating in the Promotion, (vi) miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message); (vii) for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; (viii) any entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; (ix) any failure of any postal or delivery service; (x) any use of the Entrant's personal information and entries as permitted under these Official Rules; or (xi) any events beyond Sponsor's reasonable control. Further, each Entrants agrees to defend, indemnify, hold harmless and release the Released Parties from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred as a result of Entrant's violation of these Official Rules (including without limitation any entry of Entrant in violation of any terms contained in these Official Rules), and/or any entry of Entrant that violates any laws or regulations, including, but not limited to, those concerning copyright, trademark, defamation and invasion of privacy. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a Prize.
Without limiting the generality of the above, by taking any action to create an entry for the Promotion, each Entrant, on his or her own behalf and on behalf of his or her personal representatives, heirs, executors, and assigns, acknowledges and agrees that: (a) there may be danger and risk of bodily injury, death, or property damage involved in creating an entry; (b) these risks and dangers may arise from foreseeable or unforeseeable causes; (c) such Entrant and his or her personal representatives, heirs, executors, and assigns assume all risks and responsibility for any personal injury, death, property damage, or other loss arising out of the creation of any entry, whether caused by negligence or any other cause; and (d) such Entrant and his or her personal representatives, heirs, executors, and assigns are relinquishing any and all rights he, she, or they now have or may have in the future to sue or take any other action against any Released Party on the basis of any injury, death, damage, or other loss that may be suffered arising from any action taken in the creation of any entry, including but not limited to claims based on allegations of negligence by any of the Released Parties.
If, for any reason, an entry is erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Promotion, the Entrant's sole remedy is to enter the Promotion again to receive another entry during the Promotion Period. If, for any reason, the Promotion is not capable of running as planned (including, without limitation, due to any changes or service interruptions in the website platform), Sponsor reserves the right, at its sole discretion, to cancel, terminate, extend, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the determination of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension in accordance with the judging criteria set forth above. This Promotion is subject to all federal, state and local laws and regulations.
NONE OF THE RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION, ANY PRIZE, OR THESE OFFICIAL RULES, HOWEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH RELEASED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. THE RELEASED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE PROMOTION OR ANY PRIZE.
11. DISPUTES: THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN WAKE COUNTY, NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each Entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his or her name, biographical information, photos and/or likeness, entry and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including, but not limited to, in live television, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
14. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to provide the Entrant's entry to Sponsor for purposes of the Promotion does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's entry. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or photos may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Promotion Entity's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
15. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
16. DATES & DEADLINES: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion.
17. DISQUALIFICATION: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor reserves the right to disqualify any individual found, in Sponsor's sole discretion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
18. CONFLICT: In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
19. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
20. TWITTER, INSTAGRAM, AND OTHER SOCIAL MEDIA PLATFORMS: The Promotion may be advertised on or accessed through one or more social media platforms, such as Twitter or Instagram. However, the Promotion is in no way sponsored, endorsed, or administered by, or associated with, any such platforms.
Tweet and Twitter are registered trademarks of Twitter, Inc. All rights reserved.
Instagram is a registered trademark of Instagram, LLC. All rights reserved.
Facebook is a registered trademark of Facebook, Inc. All rights reserved.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook Inc., Twitter, Inc. and Instagram, LLC.