CULEARN 2018 SCHOLARSHIP SWEEPSTAKES TERMS AND CONDITIONS NO PURCHASE OR SUBMISSION OF ARTICLES NECESSARY TO ENTER OR WIN.
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1 CULEARN 2018 SCHOLARSHIP SWEEPSTAKES TERMS AND CONDITIONS NO PURCHASE OR SUBMISSION OF ARTICLES NECESSARY TO ENTER OR WIN. As more fully detailed below, each individual whose name is drawn may be required to respond to a notification and/or complete and execute agreements or other documents, within the timeframe required by sponsor, or prize may be forfeited. By entering or attempting to enter, you agree to these official rules, which are a contract. Read them carefully before deciding whether to enter. This contract includes, among other things, a limitation of your rights and remedies. 1. PROMOTION PERIOD: This sweepstakes promotion begins February 15, 2018 at 9 AM Central Time and ends November 17, 2018 at 5 PM Central Time. No entry, by any method, will be valid if received by Sponsor before or after the Promotion Period, regardless of when submitted. 2. ELIGBILITY: This sweepstakes promotion is open to all legal U.S. residents who are 18 years of age or older as of the date they enter the sweepstakes; reside in the 50 states or the District of Columbia, excluding New York and Florida; are enrolled, on the date that they submit a request for entry into the drawing and on the date they are notified of winning, in an accredited post-secondary educational institution or program (including four-year college, university, community college, or trade school), and who owe tuition or fees, or have other related educational expenses, payable to their institution, such that they are able to make use of the prize. All of the following are ineligible and may not enter: 1) Residents of New York and Florida; 2) employees, contractors, officers, and directors of Sponsor, or of Thrivent Financial for Lutherans or any of its subsidiary or affiliated entities, or of Thrivent Federal Credit Union; any immediate family members of any such person (defined as spouse, domestic partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren); and anyone living in the same household of any such person. 3. VOID WHERE PROHIBITED. This sweepstakes is void where prohibited by law, rule, regulation, or ordinance, and subject to all federal, state, and local laws. 4. SPONSOR: culearn, LLC, 625 Fourth Ave S, Minneapolis, MN 55415, is the sponsor ( Sponsor ) of this promotional sweepstakes. 5. PRIZES, APPROXIMATE RETAIL VALUE: Prize Prize Description Approximate Number of Prizes Ret l Value $2,018 Scholarship A $2,108 USD scholarship to be used for enrollment or attendance at an accredited secondary or post-secondary educational institution or program, or for fees, books, supplies, and equipment required for its courses, awarded to a student enrolled in that educational institution or program, and payable by check to both the student and that educational institution or program. $2,108 USD 22
2 6. PRIZE WINNER RESPONSIBLE FOR EXPENSES AND TAX LIABILITIES: Any and all expenses associated with the prize, including all tax liabilities connected with receiving the prize, are the sole responsibility of the winner of the prize (each a Prize Winner ). Notwithstanding that Sponsor will pay the prize by check payable to both the Prize Winner and their accredited educational institution, and that Sponsor requires the Prize Winner to use the prize solely for enrollment or attendance, or for fees, books, supplies, and equipment required for courses, the Prize Winner shall have sole responsibility for determining whether the Prize, in whole or in part, is subject to tax, which responsibility includes determining whether the Prize was used entirely for such qualified tuition and related expenses. Pursuant to IRS recommendations, Sponsor hereby advises that tax may be owing if the aggregate scholarship or fellowship amounts received by the recipient exceed tuition and fees (not including room and board) required for enrollment or attendance at the educational institution and for related expenses. If a Prize Winner does not wish to or cannot accept responsibility for such expenses and taxes, no alternative prize will be provided. Instead, another Prize Winner will be selected using the method described herein. 7. AGREEMENT TO OFFICIAL RULES: Each person entering or attempting to enter this sweepstakes, whether eligible or not, and whether successful in requesting any entries or not (each such person a Participant ), agrees to be bound and to abide by these official rules, as solely interpreted or later amended by Sponsor. 8. HOW TO PLAY: Each eligible Participant may receive one initial entry ( Initial Entry ) into the sweepstakes drawing and, if and only if an Initial Entry has been properly requested, up to five (5) additional entries ( Additional Entries ). Each entry from an eligible Participant, whether an Initial Entry or an Additional Entry, constitutes one chance to win the Prize. Each eligible participant may win only one prize, regardless of the number of entries received. There are two methods to request an Initial Entry and two methods to request Additional Entries. No request for either an Initial Entry or Additional Entries, regardless of method used, will be acknowledged or confirmed to be valid. Requests become the property of Sponsor and requests by mail will not be returned. Any attempt to compromise the sweepstakes by attempting to get more than the maximum number of entries, by, for example only, using different or multiple addresses, identities, log-ins, automatic entry software or any other method is prohibited and will result in disqualification. A. First Method to Request Initial Entry: US Mail-- An eligible person who has not requested or received an Initial Entry by the Second Method to Request an Initial Entry (below) may receive an Initial Entry by sending a hand addressed, handwritten letter, on standard 8.5 x 11 paper, in a standard business envelope, via First Class US mail, postage prepaid, to the following address: culearn, LLC Attn: Administrator of culearn 2018 Scholarship Sweepstakes 625 Fourth Avenue South Minneapolis, MN The letter must contain all of the following elements in easily legible handwriting: The person s: o First and last name;
3 o Complete mailing address; o Phone number; o address; o The college or other accredited post-secondary educational institution or program where the person is enrolled; o The person s expected graduation date; The statement I agree to the Official Rules, and I request an Initial Entry into the culearn 2018 Scholarship Sweepstakes. Entry by this First Method to Request an Initial Entry will be valid only if the letter is actually received by Sponsor, at the address above, before the end of the Promotion Period, without any regard to when the letter was sent or postmarked. Sponsor has no responsibility for letters lost in the mail or not received within the Promotion Period for any reason. B. Second Method to Request Initial Entry: Automatic Entry Upon Request to Receive Notification of Blog Updates from Sponsor An eligible person who has not requested or received an Initial Entry by the First Method to Request an Initial Entry will automatically receive an Initial Entry by requesting notification of blog updates from Sponsor. To make this request, a person may complete and submit the online request form ( Online Request Form ) at resources.culearn.org/scholarships (the Promotion Web Page ) during the Promotion Period. Upon fully and accurately completing and submitting the Online Request Form in this way, a Participant will automatically receive his or her Initial Entry in this sweepstakes, if he or she meets the eligibility requirements stated above. After receiving the Initial Entry, a Participant may opt out of receiving notification of blog updates at any time, and doing so will not affect the Participant s Initial Entry, any Additional Entries that Participant may receive, or the Participant s odds of winning. Participants may use this method of entry only once to receive one Initial Entry. C. First Method to Request Additional Entries: US Mail--An eligible person who has validly requested an Initial Entry, by either method above, may receive up to five Additional Entries by sending a hand addressed, handwritten letter, on standard 8.5 x 11 paper, in a standard business envelope, via First Class US mail, postage prepaid, to the following address: culearn, LLC Attn: Administrator of culearn 2018 Scholarship Sweepstakes 625 Fourth Avenue South Minneapolis, MN The letter must contain all of the following elements in easily legible handwriting: The person s: o First and last name; o Complete mailing address; o Phone number; o address; o The college or other accredited post-secondary educational institution or program where the person is enrolled; o The person s expected graduation date; The statement I agree to the Official Rules, and I request the maximum number of Additional Entries into the culearn 2018 Scholarship Sweepstakes.
4 Entry by the First Method to Request Additional Entries will be valid only if the letter is actually received by Sponsor, at the address above, before the end of the Promotion Period, without any regard to when the letter was sent or postmarked. Sponsor has no responsibility for letters lost in the mail or not received within the Promotion Period for any reason. Each Participant properly submitting a request by this First Method to Request Additional Entries will receive a number of Additional Entries equal to five (5) minus the number of Additional Entries he or she has requested by the Second Method to Request Additional Entries, below. D. Second Method to Request Additional Entries: Automatic Entry For Each Submission of a Blog Post to info@culearn.org An eligible person who has validly requested an Initial Entry, by either method above, may receive an Additional Entry by submitting an original blog post meeting the requirements, and submitted via the method, described below (each a Blog Post Submission ). Each valid Blog Post Submission will result in one Additional Entry, and up to five Additional Entries may be requested and received in this way. Each valid Blog Post Submission must be a separate containing all of the following elements: The must be sent from the same address that the person used in the request for the Participant s Initial Entry; The s subject line must contain the phrase culearn 2018 Scholarship Entry; The body of the must contain: o The person s first and last name; o The college or other accredited post-secondary educational institution or program where the person is enrolled; o An original essay of the person s own authorship of between approximately 250 and 500 words containing the person s advice based on his or her experience or ideas on how to pay for college while avoiding excessive debt. Each Participant submitting a Blog Post Submission agrees that it may be used for promotional purposes by Sponsor, as follows: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Sponsor, Thrivent Financial, and all others acting with the permission of either of them (collectively, the Grantees ) the right and consent to use (including, but not limited to, to reproduce, display, broadcast, televise, publish, post and distribute) without restriction or limitation, 1) identifying information including at least my first name and last initial, the school I have identified as my school, and any other identifying information contained in my Blog Post Submission essay; 2) my statements, opinions, and/or testimonials as contained in my Blog Post Submission (my Statements ), in whole or in part, as edited by Grantees for advertising, publicity, business trade or art purposes, or for any other legal purpose, in perpetuity, throughout the world, in any and all media. I agree that my Statements may be used alone and/or with captions, film, artwork, audio track, photographs, or any other material. I agree that the Grantees shall have the right to attribute statements to me, which are expressions of my personal experience(s) and belief(s). I agree that the Grantees shall have the right to have my likeness and/or my voice portrayed by actor(s) and to use any photographs and footage to illustrate events described in my Statements. I hereby represent that I am the original author of and sole owner of copyright in my Statements and that Grantee s use of the my Statements shall not violate or infringe upon the rights of any third party. I
5 hereby release the Grantees from any and all liability arising out of the aforementioned use. I further agree that Grantees are under no obligation to use my Statements in any way and I understand that I will receive no compensation for the use of my Statements. I hereby waive any right that I may have to inspect and/or approve the finished advertising, including but not limited to the copy that may be used in connection therewith, and/or to the use to which the advertising may be applied. I hereby assign all my copyrights, privacy, publicity or any other property rights, if any, in and to the advertising or any part thereof to Grantees; provided, however, that I shall remain the owner of the Statements. I warrant and represent that this consent does not in any way conflict with any existing commitment on my part. I am at least eighteen (18) years of age and have the full right to make this agreement and grant the rights set forth herein. 9. RELEASE OF SOCIAL MEDIA COMPANIES. PARTCIPANTS ACKNOWLEDGE THAT THIS PROMOTION, ALTHOUGH IT MAY HAVE BEEN ADVERTISED IN SOCIAL MEDIA, IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER, OR LINKEDIN, AND PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS EACH OF THEM FROM AND AGAINST ANY CLAIMS OR CAUSES OF ACTIONS ARISING OUT OF PARTICIPATION IN THE PROMOTIONAL DRAWING. 10. SELECTION OF WINNERS: All valid entries will be included in a drawing, conducted by the Sponsor on or around [May 18, August 18, November 18, 2018]. In the drawing, twenty-two Participants will be randomly selected as Prize Winners. If more than one entry from an individual Participant is randomly selected, all entries after the first will be disregarded; each Participant may win no more than one prize. If a Participant selected as a Prize Winner is ineligible, fails to demonstrate their eligibility to Sponsor (which shall be determined in Sponsor s sole discretion), or otherwise fails to meet the requirements of the Prize Winner (described below), another random drawing will be conducted to determine a substitute Prize Winner. The odds of a particular Participant being selected in depend on the total number of entries received. 11. DATA HANDLING: With the exception of data in Blog Post Submissions submitted by Participants via the Second Method to Request Additonal Entries, which is subject to the terms provided in Section 8, above, data collected from Participants will be handled pursuant to Sponsor s Privacy and Security Policy, available for review at NOTIFICATION AND REQUIREMENTS OF PRIZE WINNER: Sponsor will notify Prize Winner that his or her entry has been selected by sending an , to the address provided with Prize Winner s request(s) for entry (the Notification ), within five days after the random drawing described above. Notification will be considered to have been adequately made on the date that Sponsor sends the Notification (the Notification Date ), without any regard to when or whether it is received or read by the Prize Winner. At Sponsor s sole discretion, Sponsor may, but is in no way required, to follow the Notification with further communications to the Prize Winner by , telephone, US mail, or other methods, using any contact information it has. Sponsor may, wherever lawful, require Prize Winner to provide proof, in a form to be specified at Sponsor s sole discretion, of eligibility, including current enrollment in an accredited post-secondary educational institution or program, and to complete an affidavit of eligibility, and agree to and sign a liability release, publicity release, and/or other related agreements (collectively, the Required Documents ), as a precondition to award of the Prize. Forms to be completed as part of the Required
6 Documents may be attached to the Notification or sent later by or by other method, at Sponsor s sole discretion. The Prize Winner must respond to the Notification , by contacting Sponsor using a method to be described in the Notification , and must also complete and return (via any reasonable method later specified by Sponsor) any required Documents, within 10 days after the Notification Date. If any Prize Winner fails to meet this deadline, Sponsor may immediately (or, at its sole discretion, after granting minimal additional time to comply) determine that Prize Winner is disqualified and randomly select a new Prize Winner from the remaining valid entries, using the procedure described above. 13. SPONSOR HAS NO RESPONSIBILITY FOR TECHINCAL PROBLEMS OR LOST MAIL: Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions, or other errors, failures, delayed computer transactions, network connection, or lost, stolen, or misdirected mail, whether human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this promotion; or by any technical or human error that my occur in the processing or delivery of entries, that may limit, delay or prevent a Participant or Prize Winner s ability to enter the sweepstakes, read, receive, or respond to a Notification , or otherwise participate in the promotion. Sponsor reserves the right, in its sole discretion, to cancel or suspend this promotion and award a prize from entries received up to the time of termination or suspension should virus, bugs, or other causes beyond Sponsor s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the promotion or proper submission of entries. 14. PRIZE WINNERS LIST: To obtain a list of the Prize Winners, send a letter clearly requesting the culearn 2018 Scholarship Sweepstakes prize winners list, together with a self-addressed stamped envelope, to culearn 2018 Scholarship Sweepstakes, 6 th Floor, 625 Fourth Ave S, Minneapolis, MN All such requests must be actually received by Sponsor within 6 months after the end of the Promotion Period. 15. DISPUTES: EACH PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, TO TAKE PLACE IN MINNESOTA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT AND
7 SPONSOR IN CONNECTION WITH THE PROMOTION, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF MINNESOTA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF MINNESOTA. 16. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING UNDER THESE OFFICIAL RULES, YOU AGREE THAT NEITHER SPONSOR NOR THRIVENT FINANCIAL FOR LUTHERANS, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, WILL BE HELD LIABLE FOR ANY NEGLIGENCE IMPLIED OR OTHERWISE IN ANY CLAIM, ACTION, LIABILITY, LOSS, INJURY OR DAMAGE TO PARTICIPANT OR ANY OTHER PERSON OR ENTITY DUE TO, DIRECTLY OR INDIRECTLY, THE ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE OR PARTICIPATION IN THIS PROMOTION. PARTICIPANT(S) AGREE TO WAIVE THE RIGHT TO COLLECT PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR ANY OTHER DAMAGES IN RELATION TO THE AFOREMENTIONED.
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