Terms and Conditions
OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (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, OR EMPLOYED AS AN INSTRUCTOR AT, A HIGHER EDUCATIONAL INSTITUTION WITHIN ANY OF THE FIFTY (50) UNITED STATES OR D.C. VOID WHERE PROHIBITED. U.S. PROMOTION LAWS GOVERN THIS CONTEST.
- ELIGIBILITY: The Fall 2020 Macmillan Learning Black History, Black Stories Contest (the “Contest”), sponsored by Bedford, Freeman & Worth Publishing Group, LLC, doing business as Macmillan Learning (“Sponsor”), is open only to persons who, as of the date of entry (and, if a winner, as of the date of prize fulfillment), are legal residents of the fifty (50) United States and the District of Columbia, 18 years of age or older, enrolled as a student at, or employed as an instructor, at a higher educational institution within any of the fifty (50) United States or the District of Columbia. Any person who as of the date of entry (and, if a winner, as of the date of prize fulfillment) is an employee of Sponsor or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, is not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Contest. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Contest begins at 9 am Eastern Time (ET) on September 14, 2020 and continues through 11:59 pm ET on December 14, 2020 (the “Entry Period”). To enter, you must visit the contest website (located at https://go.macmillanlearning.com/black-history-black-stories.html) (the “Contest Website”) during the Entry Period and do one of the following:
- create and submit a video; or
- create and submit a written story accompanied by a photograph
(each, a “Submission”)
The Submission must answer the following question - “How are you drawing inspiration from historical Black events, movements, and leaders?” (the “Entry Topic”).
By submitting the Submission, together with an online entry form, the entrant acknowledges and consents to these Official Rules. Submissions must be posted prior to the conclusion of the Entry Period. Each Submission must comply with all of the guidelines set forth in Section 3. There is a limit of one (1) Submission per person.
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, if a video, should not be more than five (5) minutes in length; (b) the Submission, if a written story accompanied by a photograph, should not include more than three hundred words (300) in the written story; (c) the Submission must not exhibit the entrant engaging in or otherwise promoting any unsafe, illegal, illicit, violent or dangerous behavior; (d) the Submission must be original; (e) the Submission must not contain any music of any kind; (f) the entrant must own the copyright in the Submission; (g) the Submission must not previously have been published for commercial purposes or won any award; (h) the Submission must not contain any material that is defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda; (i) 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; (j) 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 (k) 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, six (6) potential prize winners (three winners in each category: (i) students; (ii) faculty) 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 in each category whose Submission receives the highest score form the Judges based on the Judging Criteria will be a first place prize winner, the entrant in each category whose Submission receives the next-highest score form the Judges based on the Judging Criteria will be second place prize winner, and the entrant in each category 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 email (sent to the e-mail address provided by the entrant when entering) and will be required to respond within seventy-two (72) hours of Sponsor’s initial notification attempt. Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”) within three (3) days of attempted delivery of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 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, sign and return any required Winner Verification Documents and/or IRS Form W-9 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: Six (6) prizes will be offered as follows:
- Two (2) First Place prizes: gift cards with a retail value of USD $1000; The aggregate approximate retail value (“ARV”) ARV of all First Place prizes is $2,000 USD
- Two (2) Second Place prizes: gift cards with a retail value of USD $500; The aggregate ARV of all Second Place prizes is $1000 USD; and
- Two (2) Third Place prizes: gift cards with a retail value of USD $250. The aggregate ARV of all Third Place prizes is $500 USD.
- The aggregate ARV of all prizes is $3,500 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 at 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. Use of gift cards is subject to the gift card issuer’s terms and conditions. All expenses or costs associated with the acceptance or use of a prize or any prize component 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. In no event will more than the number of prizes specified in these Official Rules be awarded.
- GRANT OF RIGHTS: By entering the Contest, each entrant grants permission to Sponsor and each of Sponsor’s parent companies, affiliates, subsidiaries and advertising and promotion agencies ,and the successors and assigns and licensees of each of the foregoing (all of the foregoing, the “Contest Entities”) to use the entrant’s name, biographical information, voice likeness and/or statements attributed to the entrant (“Personality Rights”), 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 the Contest, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Contest Entities, all other companies involved in the development or operation of the Contest, all other companies involved in the provision of any prize or any prize component, the successors and assigns of each of the foregoing, and the directors, officers, employees and agents and contractors of each of the foregoing (all of them, the “Released Parties”), from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, the entrant’s participation in the Contest, the use of the Contest Website, the creation of any Submission, the provision, acceptance or use of any prize or any prize component or the use of the entrant’s Personality Rights and/or Submission, as permitted pursuant to these Official Rules including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation, defamation or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Contest, the use of the Contest Website or the provision, acceptance or use of any prize or any prize component. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize or winner. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Contest Website, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Contest. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
- GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Contest at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts 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 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 or local law, order or regulation or court order). In the event of termination of the Contest, a notice will be posted on the Contest Website and a random drawing will be conducted to award the prize(s) from among all eligible entries received prior to the time of termination. Sponsor has 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 Website or the Contest by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. All federal, state and local laws and regulations 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 the provision, acceptance and/or use of any prize or any prize component, 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 entrants who 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 respective 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.
- USE OF INFORMATION: Please review Sponsor's Privacy Notice at https://store.macmillanlearning.com/us/privacy-notice. By entering the Contest, each entrant hereby agrees to Sponsor's collection and use of the entrant’s personal information in accordance with such Notice, including the use of entrant’s personal information to send the entrant email updates and request feedback about products and services and to send the entrant other information from Sponsor and its related companies.
- WINNER’S NAME AND RULES REQUESTS: For a complete list of the names of the winners, available after February 1, 2021, or a copy of these Official Rules, send a self-addressed, stamped envelope to: Fall 2020 Macmillan Learning Black History, Black Stories 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, NY, 10004. The Contest is in no way sponsored, endorsed or administered by, or associated with, any manufacturer or provider of any prize.
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