This contest (the “Contest”) is being offered by Edmodo, Inc., located at 1200 Park Place, Suite 400, San Mateo, CA 94403. To be eligible for the Contest, you must be a registered teacher or administrator user of Edmodo.com (a “Current Edmodo Teacher”), eighteen (18) years of age or older and received the promotional email from Edmodo. You may not participate in the Contest if you are (i) an employee or consultant of Edmodo, or a member of such employee or consultant’s immediate family or household, (ii) an agent or representative acting on behalf of Edmodo, including, but not limited to, those involved in the development, implementation, or distribution of the Contest, or (iii) any other person or entity associated with the Contest.
To be eligible, you must agree to abide by these terms and conditions and be bound by all Edmodo decisions relating to the Contest, which are final and binding in all respects, including, but not limited to, Edmodo’s determination of the winner. All information submitted in connection with the Contest must also be complete, accurate, and truthful. Submitting an entry into the Contest constitutes the entrant’s full and unconditional acceptance of these Official Rules and the decisions of Edmodo, which are final and legally binding in all respects.
To enter the Contest (an “Entry”), you must click on the email announcing the give-away and successfully enter the Edmodo.com site at www.edmodo.com. You will then see a message on the Edmodo site confirming your entry. No purchase or payment is necessary to enter. You can enter the Contest at any time beginning on March 5, 2017, until March 11, 2017, at 7 p.m., Pacific time. The Contest is limited to one (1) Entry per person, per applicable time period. Any attempt to enter by using (i) multiple or different or fake email addresses, identities, or accounts, or (ii) scripts, macros, or other mechanical or automated programs, will void that entrant’s Entry and that entrant may be disqualified. Edmodo reserves the right to reject any submitted Entry that it determines, in its sole discretion, fails to meet any of these eligibility requirements.
The Contest will run from March 5, 2017to March 11, 2017. 10 iPads (“the Prize”) will be awarded to randomly drawn winners, chosen from all eligible entrants by a random drawing. Each Prize will consist of one (1) iPad Air 2 32GB (Space Gray) tablet that will be awarded to the teacher’s school for use by the teacher in his or her classroom(s); the approximate retail value of each Prize is $399.
Each winner is responsible for the payment of all taxes (including income and withholding taxes) associated with the receipt of the Prize, if any. Edmodo will issue the recipient an IRS Form 1099-MISC for the value of the Prizes to the winner’s school. The winner of a Prize is also responsible for any applicable fees, surcharges, service charges, or accessories associated with receipt or use of the Prize. No substitution or transfer of Prizes is permitted, except that Edmodo reserves the right to award a substitute prize, of an equal or greater value, to the winner if necessary, as determined by Edmodo in its sole discretion. Each current Edmodo teacher is entitled to one Prize only.
Announcement of Prize Winners
The name and school of each Prize winner will be announced by Edmodo and posted on social media on or before March 25, 2017 Edmodo will also send the winners a Prize notification letter by email to the email address to which the winner originally received the contest. Entrants will not be notified if their Entry is disqualified or if their Entry does not qualify as a finalist or winner. If (i) any Prize notification email is returned as undeliverable, or (ii) a winner is disqualified or held to be ineligible, the Prize will be awarded to an alternate winner selected by Edmodo based on the Criteria outlined above. The winners must also sign any applicable forms required by tax authorities and Edmodo before obtaining their prizes. The Prize will only be awarded to the winners if he/she complies with these rules, and executes and submits to Edmodo an Affidavit of Eligibility and Liability and Public Release, which includes certain additional terms, conditions, and limitations regarding the Prize. Arrangements for the delivery of the Prize will be made following Edmodo’s receipt of the Affidavits.
By entering this contest, each entrant, including the winners, hereby forever releases and grants Edmodo the right to use his/her name, school name, and city and state of the school, as well as his/her photograph, image, or likeness, in connection with any Edmodo promotion of the contest results or related publicity, including, but not limited to, any press releases and/or blog posts. For clarity, the Edmodo Terms of Service (the “Terms”) govern your use of or access to the Services (as defined in the Terms) in any manner, provided that in the event of any direct conflict between these rules and the Terms, these rules shall govern with respect to the subject matter of these rules.
Limitation of Liability, Release, and Indemnity
Edmodo is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions, whether caused by Edmodo, you, or by any of the equipment or programming associated with or utilized in association with the Contest, or by any technical or human error that may occur in the processing of submissions that may limit an entrant’s ability to participate in the Contest. You likewise agree to release, indemnify, and hold harmless Edmodo and each of its directors, employees, officers, and agents (the “Released Parties”), from and against any injuries, death, losses, damages, claims, actions, and other liability of any kind resulting from or arising from the Contest or acceptance, possession, use, misuse, or non-use of the Prize that may be awarded. Each winner further acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee (express or implied, in fact or in law) in connection with any Prize or the use or enjoyment of any Prize.
BY ACCEPTING DELIVERY OF ANY PRIZE, EACH WINNER AGREES THAT EACH PRIZE IS AWARDED ON THE CONDITION THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, TAXES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF SUCH PRIZE, EXCEPT FOR THE COST OF ENTERING AND PARTICIPATING IN THE CONTEST OR THE VALUE OF THE PRIZE IF THE ENTRANT WAS PROPERLY SELECTED AS A WINNER AND DOES NOT RECEIVE THE PRIZE. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS’ FEES. ENTRANT WAIVES ALL RIGHTS TO CLAIM ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.
The decisions of Edmodo are final and binding on all matters relating to this Contest. Edmodo reserves the right, in its sole discretion, to disqualify any entrant or any individual it finds to be tampering with the entry process or the operation of the contest, or to be acting in violation of these rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Edmodo’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. If Edmodo determines, in its sole discretion, that the Contest is compromised by corruption of the administration, security, or proper play of the contest, then Edmodo may cancel the Contest at any time. In the event of any non-compliance with any requirement stated herein, a winner’s Prize may be forfeited and awarded to an alternate winner. This Contest is governed by and shall be construed under the laws of the State of California, without regard to the conflicts of law provisions therein. The parties hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Mateo County, California and Santa Clara County, California, respectively. The Prizes will be subject to all applicable taxes and withholding. This Contest is void where prohibited or restricted by any relevant federal, state, or local law, including, but not limited to, jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied.