Official Rules: Teacher Fixer Upper Giveaway
THIS PROMOTION IS A SWEEPSTAKES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AFFIRMS THAT HE/SHE HAS READ, UNDERSTOOD AND ACCEPTED THESE OFFICIAL RULES. WINNING A PRIZE IS CONTINGENT UPON FULFILLMENT OF ALL REQUIREMENTS SET FORTH HEREIN.
1. Overview: Teacher Fixer Upper Giveaway ("Sweepstakes") is sponsored and presented by ESGI, LLC ("Sponsor"), a Riverside Company. Sponsor is hosting this Sweepstakes on the Woobox contest platform. At the conclusion of the Sweepstakes Period, one (1) Grand Prize winner will be selected to receive the Classroom Fixer Upper” prize package. The prize package consists of:
Classroom design and decorating services from Jose Cortez
$5000 from Kindergarten Smorgasboard to be applied towards classroom materials and supplies as determined by the Sponsor.
$1000 from ESGI Software to be applied towards classroom materials and supplies as determined by the Sponsor.
Product from Really Good Stuff as determined by Sponsor.
A site license (Up to 10 teachers) year subscription to ESGI Software
$1000 from Mrs. Wills Kindergarten to be applied towards classroom materials and supplies as determined by the Sponsor.
2. Sweepstakes Period: The Sweepstakes begins on April 09, 2022, at 12:01 a.m. and ends on May 31st, 2022 at 11:59 p.m. (the "Sweepstakes Period"). All times stated by the Sponsor are in Eastern Time (local to New York, NY). Entries received before or after the Sweepstakes Period will not be accepted or be eligible to win the stated Prizes. The sponsor’s clock is the official clock of the Sweepstakes.
3. Eligibility: Eligibility to participate in the Sweepstakes or to win the Prize is limited to individual persons who, at the time of entry: (i) have reached the age of majority in the jurisdiction in which they reside, (ii) are legal residents of the 50 United States or the District of Columbia, (iii) are employed as an educator at an Elementary School (public or private) in the United States, and (iv) have an active ESGI teacher account (Paid or Free Trial). Entrants who disregard any of these Official Rules are not eligible to participate or win. Directors, officers, employees, contractors, and agents (and their immediate families and household members) of the Sponsor, its parents, affiliates, subsidiaries, advertising, and promotion agencies, or any other company involved with the design, production, execution, or distribution of the Sweepstakes, are not eligible to participate. The Sponsor’s determination of eligibility, in its sole discretion, shall be final.
4. How to Enter: The Sweepstakes is offered electronically via the Internet. To enter the Sweepstakes, access the Sweepstakes entry link to Teacher Fixer Upper Giveaway located on the Woobox Contest Platform at woobox.com or locate the link on the Facebook or Instagram pages of Sponsor and Prize Contributors ESGI Software, Kindergarten Smorgasboard, Mrs. Wills Kindergarten, Really Good Stuff, and then enter your:
City & state,
Classroom decor story explaining why you want to win the Teacher Fixer Upper Giveaway, and
Assurance that your school site administrator is in agreement with minor classroom modifications that could include but are not limited to wall paint and wall hangers.
Entrants may complete up to a maximum of three entries permitted per entrant.
The above methods of entry are not required to enter the Sweepstakes. In addition, Entrants may enter the Sweepstakes by using the following alternative means of entry: Entrants may receive one (1) entry by legibly printing the Entrant's name, street address, city, province/state, postal code, telephone number, and the name of this Sweepstakes, on a 3 x 5 inch (or 7.5 x 12.5 cm) piece of paper and mailing it to Teacher Fixer Upper Giveaway, Attn: KRISTEN SLOAN P.O.BOX 938 Elkhart, IN 46515 which must be received within the Sweepstakes Period. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned.
Any attempted entries received after the close of the Sweepstakes Period, or which are not in compliance with these Official Rules, will not be accepted. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, email addresses, registrations, and logins, or any other methods will subject the participant to disqualification from the Sweepstakes, in Sponsors’ sole and absolute discretion. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The "authorized account holder" is the natural person assigned an email address or other account by an Internet access provider, online service provider, or other organization responsible for assigning email addresses or the account for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder of the email address associated with the winning Entry.
5. Winner Selection and Notification: The Sponsor’s determination of the Winner and selection of Winner, in its sole discretion in accordance with these Official Rules, shall be final. Selection shall be made by an automated random drawing of entries by the Sponsor. The potential winner of the Sweepstakes will be notified by direct message to their email address or, if alternative entry, by private message on Facebook or Instagram. The sponsor may require the potential Winner to execute an affidavit of eligibility, publicity release, liability waiver, and/or other documents prior to the delivery of any prize. If the potential Winner does not respond to the notification within 7 days, is found to be ineligible, fails to execute the Affidavit or other documentation required by Sponsor, and/or the Prize is returned as undeliverable, the Sponsor may consider Winner to have forfeited the Prize, and another potential winner may be selected as time allows.
6. Prizes: Odds of Winning: The odds of winning depend on the number of eligible entries at the time of drawing. The following Prize will be awarded in the Sweepstakes:
Grand Prize (1):
Classroom design and decorating services from Jose Cortez & Sponsors.
Prizes are non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by a Sponsor in its sole and absolute discretion. All federal, state, and local taxes are the sole responsibility of the Winners. The prize consists of only those items specifically stated as part of the Prize. All expenses and costs associated with the acceptance or use of the Prize that is not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the Winner. The Winner will be issued a 1099 tax forms from Sponsors with respective prize values exceeding $600.
7. Prize Delivery: Prizes will be given in person, sent via email, or mailed or shipped (as determined by Sponsors’ sole discretion) to the confirmed or verified Winner in accordance with the information supplied at the time of the Entry. Prizes will not be shipped or delivered to P.O. boxes or addresses outside of the 50 United States and D.C. Allow up to 2 to 4 weeks after verification of eligibility prize delivery.
The Grand Prize winner will be notified within one week of completion of the Sweepstakes. Prize items and services will be delivered prior to the first official day of the Winning Teacher’s 2022 school year. Specific date of onsite visit for decorating services will to be mutually agreed upon by the Grand Prize Winner and Berteau & Co.
8. Entrant’s Grant of Rights. By entering the Contest and submitting an Entry, each Entrant hereby: (i) consents to Sponsor contacting Entrant through the contact information provided in the Entry, (ii) grants to the Sponsor, and Sponsor’s designees, at Sponsor’s choosing, including but not limited to Really Good Stuff, LLC, in perpetuity, a worldwide, non-exclusive, irrevocable, fully paid, license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, modify, edit, display the Entry, or any portion thereof or otherwise use the submission, in whole or in part in any media now known or hereafter devised; (iii) authorizes the Sponsor its designees to utilize the Entry in any manner they see fit; and (iv) waives all moral and publicity rights in and to his or her image or video included in the Entry in favor of the Sponsor.
9. Entrant’s Consent to Email for Marketing Purposes. By providing an email address in connection with Entering this Sweepstakes, Entrant hereby consents to the use of the submitted email address for future marketing purposes by Sponsor and its designees.
10. Prize Winner’s Grant of Rights. By accepting a Prize, Prize Winner grants Sponsor (and, at Sponsor’s choosing, its designee, including but not limited to Really Good Stuff, LLC) a non-revocable, perpetual, worldwide license to use Prize Winner's name, place of residence, Prize won, photograph, video, likeness, and/or statement for advertising, marketing and publicity purposes in any media know or hereafter known, including on the internet, email and social media, without additional notice, permission, or compensation. Prize Winner agrees to execute any documents requested by Sponsor to formalize this Grant of Rights.
10. Content: Originality and Permissions. Each Entry must be the original work of the Entrant and may not have previously been used in connection with any other Contest. Entrant is responsible for obtaining all necessary permissions, and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. ANY PHOTO OR ENTRY DEPICTING A PERSON UNDER THE AGE OF 18 MAY NOT BE USED WITHOUT THE CONSENT OF EACH’S PARENT/LEGAL GUARDIAN. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent, themselves or through their parent/legal guardian, to the use of Entry as set forth herein.
11. Prohibited Content. The following actions are not authorized, encouraged or sponsored by Sponsor and are prohibited: (a) unauthorized use of any third party’s name, image, likeness, and/or intellectual property, including but not limited to copyrights and trademarks, (b) any tortious act, libel, defamation and/or violation of rights of privacy or publicity of a third party; (c) use of words, statements or images considered, in Sponsor’s sole and absolute discretion, to be unlawful, sexually explicit, harassing, abusive or offensive to individuals of any race, ethnicity, gender, religion, family status, sexual orientation, socioeconomic group or other class of persons; or (d) statements concerning third party products, made in comparison to Sponsor’s products or otherwise, in connection with this Contest. Sponsor reserves the right to disqualify and seek the removal of any Entry that in Sponsor’s sole discretion and judgment violates these prohibitions.
12 No Affiliation. This Sweepstakes is not sponsored, endorsed, or administered by or associated with Facebook, Inc., Instagram, Inc. Any questions, comments or complaints regarding the Contest should be directed to Sponsor. Where applicable, the Terms of Service of Facebook and/or Instagram shall apply.
13. General Conditions of Participation: Each participant agrees to be bound by these Official Rules and the decisions of the Sponsors, and to accept delivery of any prize won based upon availability. In addition, each participant represents and warrants that all information contained in his/her entry is true and accurate. The Sponsor is not responsible for any printing errors in these Official Rules, in the entry or otherwise in any materials available at the website. Unless a participant otherwise opts out, Sponsor and its designees may use the participant's physical and/or e-mail address to contact the participant regarding Sponsor’s services and other offers and/or promotions. Sponsor shall not be responsible for any lost, late, misidentified or misdirected entry, or any telecommunication or computer hardware or software performance, errors, delays or failures. Sponsor is not responsible for any human or other error that may occur in the processing of the entries, nor are they responsible for any error, omission, interruption, deletion, defect, or delay in operation or transmission, theft or destruction or unauthorized access to or alteration of entries, or for technical, network, telephone, computer hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failures of any wireless or internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person's ability to participate in the Sweepstakes or receive communication from Sponsor. Sponsor assumes no responsibility for undeliverable messages resulting from filtration of a participant's email, wireless or Internet service provider or for insufficient space to receive messages. Sponsor reserves the right to cancel, terminate, suspend, or modify a Sweepstakes if fraud or technical failures destroy the integrity of a Sweepstakes; or if a technical problem corrupts the administration as determined by Sponsor, in their sole discretion. If the Sweepstakes is canceled, Sponsor may award the applicable Prize(s) from among all eligible Entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any participant in connection with the Sweepstakes. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Incomplete Entries are void.
14. Release and Indemnification: Each participant hereby releases, and agrees to defend, indemnify and hold harmless the Sponsor, those working on its behalf, Really Good Stuff, LLC, Woobox LLC, Facebook, Inc., Instagram, Inc., and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to, in whole or in part, participation in this Sweepstakes, these Official Rules, the awarding, acceptance, use or misuse of the Prize or any other substitute prize.
PARTICIPANT FURTHER UNDERSTANDS AND AGREES THAT IF THE PARTICIPANT IS A RESIDENT OF CALIFORNIA, ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED.SECTION 1542 READS AS FOLLOWS: "CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE NOT A RESIDENT OF CALIFORNIA, YOU WAIVE ALL RIGHTS UNDER ANY LAW SIMILAR TO SECTION 1542 THAT MAY EXIST IN YOUR STATE OF RESIDENCE.
15. Disclaimer: Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Game or use or redemption of any prize. The Winner acknowledges that the Prizes are provided by Sponsors on an "as is" basis with no warranty of any kind. SPONSOR DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
16. Limit of Liability: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, INCLUDING REASONABLE ATTORNEYS’ FEES, OTHER THAN PARTICIPANT’S OUT OF POCKET EXPENSES, AND FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE THIS LIMITATION OF LIABILITY SHOULD BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SPONSORS, ADMINISTRATOR, RELEASED PARTIES, PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, AND/OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, OR OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES.
17. Disputes, Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a location mutually convenient to entrant and Sponsor located in Elkhart, IN; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsors in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana, USA without regard to choice of law rules.
For information regarding Kindergarten Smorgasboard, visit: https://thekindergartensmorgasboard.com/
For information regarding Mrs Wills Kindergarten, visit: https://mrswillskindergarten.com/
For information regarding Really Good Stuff, visit: https://www.reallygoodstuff.com/
By providing his or her email address as a means of entering this Sweepstakes, participants understand that they will be placed on a digital mailing list to receive future notices and marketing materials from all Sweepstakes Sponsors.
18. Winner Information: For the name of the Grand Prize Winner (available after 5/31/2022) send a self-addressed, stamped envelope for receipt by 10/30/22 to: ESGI, LLC, Attn: The Digital Teacher Fixer Upper Giveaway Winner, P.O. Box 938, Elkhart, IN 46515.
19. Sponsor: ESGI, LLC P.O. Box 938 Elkhart, IN 96515.
© 2022 ESGI, LLC. All rights reserved. ESGI and the associated logos are trademarks of ESGI Software. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.