Revised August 10, 2020
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. ONLINE ACCESS REQUIRED.
Co-Sponsors: The Co-Sponsors of the 2020 PTO Today Merci® Social Contest (the "Contest") are School Family Media LLC, the owner and operator of the PTOToday.com website (“PTOToday”), with offices located at 100 Stonewall Blvd., Suite 3, Wrentham MA 02093 ("SFM"), and Storck USA, L.P., the U.S. distributor of merci® chocolates, with offices located at 325 North LaSalle St., Suite 400, Chicago, IL (“Storck”, and together with SFM, the “Co-Sponsors”). SFM will administer and manage the Contest on behalf of the Co-Sponsors. This Contest is not sponsored, endorsed or administered by, or associated with Instagram or Facebook. Any questions, comments or complaints must be directed to SFM, and not to Instagram or Facebook.
1. Contest Dates: The Contest begins August 14, 2020 at 12:00:00 AM Eastern Time and ends on Friday, August 21, 2020 at 11:59:59 PM Eastern Time (the "Contest Period"). SFM's computer is the official entry submission portal and time-keeping device for the Contest.
2. Eligibility: Subject to the additional restrictions in these Official Rules (the "Official Rules"), the Contest is only open to those who post entries on the Contest’s Facebook post or Instagram post (collectively, the “Official Contest Posts”), are legal residents of the fifty (50) United States and the District of Columbia, and are at least 18 years or older at the time of entry, and who meet the Entrant requirements (see section 4 in these Official Rules). Each Contest entrant (an “Entrant”) is entering the Contest on behalf of an associated school in the United States at which the Entrant is a member of its parent teacher organization (“Designated School”) and the Prize (defined in Section 5 below) awarded as part of the Contest will be for the teachers at a Designated School and mailed to the address of the Designated School. Employees of either Co-Sponsor or any of their respective affiliated entities, and the immediate family members of such employees, and any persons domiciled with any such persons, are not eligible to enter the Contest.
3. Participation: Participation constitutes Entrant’s unconditional agreement to these Official Rules and SFM's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements as set forth herein. All Entrant information is subject to Co-Sponsors' privacy policies: SFM privacy policy, Storck privacy policy.
4. How To Enter: During the Contest Period, Parent Teacher Associations, Parent Teacher Organizations or similar parent teacher groups can enter on behalf of their Designated School for a chance to win by posting a comment in the comments section of the Official Contest Posts on Facebook or Instagram. Each comment must be a unique and thoughtful way to say “thank you” to teachers and must not include personal information about any teacher, parent or student or any other individual or institution or organization. The comment cannot be defamatory or disparaging, nor include the intellectual property of any third party (“Contest Posting Criteria”). Participation is free. No purchase or pledge is required to enter.
5. Prize and Odds: Three Winners from Facebook or Instagram will be selected as winners (a “Winner”) from all eligible entries and each Winner will receive on behalf of their Designated School a box of merci® Finest Assortment chocolates for every full-time teacher at their Designated School as the prize (the “Prize”). The approximate retail value of one box of chocolates is $6.00. The total value of each prize will depend on the total number of full-time teachers at a Winner’s Designated School. A Winner will not receive any merchandise or prize from Co-Sponsors other than the opportunity to have the teachers at its Designated School receive the Prize.
The odds of winning a Prize depends on the number of eligible entries received during the Contest Period. The Prize is nontransferable, nonexchangeable, and has no cash value. There are no cash substitutions. If a Prize becomes unavailable, or at Co-Sponsor's sole discretion, Co-Sponsors may award substitute prizes of comparable or greater value. All Prize details are at Co-Sponsor's sole discretion. Limit one Prize per Winner. Prizes will only be provided to a Winner with the Winner’s consent and mailed to their Designated School. In the event a Winner does not consent to receive a prize, an alternate Winner may be selected.
6. Contest Judging, Notification, and Acceptance: The three Winners will be selected from all eligible entries received during the Contest Period by a panel of judges comprised of selected employees of the Co-Sponsors to be judged by September 4, 2020. The criteria for judging shall be the three most original posts (in the sole judgement of the Co-Sponsor judges) on how you plan to say “merci” to teachers this fall. After the judges have made their final selection of Winners, Winners will be contacted during Co-Sponsor's regular business hours by the Facebook or Instagram accounts the Entrant used at time of entry. Failure to reach a Winner by Facebook or Instagram after three attempts may result in the disqualification of that Winner and forfeiture of the Winner’s interest in the Prize. The Co-Sponsors will, at their sole and absolute discretion, be free to select an alternate Winner from among all remaining eligible Entrants. A Winner may waive its right to receive a Prize.
Winners are solely responsible for reporting and payment of any and all taxes on the Prize received, if applicable. Winners may be required to complete an Affidavit of Eligibility/Liability and Publicity and Prize Release ("Affidavit") (except where prohibited by law), which must be returned as directed by SFM in order to claim the Prize. Failure to complete, sign, and return the Affidavit or to comply with any term or condition of these Official Rules will result in a Winner's disqualification, the forfeiture of its interest in the Prize, and the award of the Prize to an alternate Winner. If a Prize is not won and claimed by the eligible Winner in accordance with these Official Rules, it will not be awarded and will remain the property of Co-Sponsors. The decisions of Co-Sponsors regarding the selection of Winners and all other aspects of the Contest shall be final and binding in all respects.
7. Limitations on Entry: Entrants may enter multiple times, but each entry must be a unique comment to qualify and be consistent with the Contest Posting Criteria. Use of any automated system to participate in the Contest or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. The Co-Sponsors and their respective parent companies, subsidiaries, suppliers, distributors, Prize suppliers, advertising and promotional agencies, and each of their respective officers, directors, employees and agents (collectively, "Contest Entities") are not liable for any injury or damage to Entrant's or any other person's computer or its contents relating to or resulting from participating in or downloading any materials concerning this Contest, or from other technical difficulties, failures, or other errors of any kind. SFM reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest, as solely determined by SFM. In the event that the Contest is compromised by a virus, non-authorized human intervention, tampering, or other causes beyond the reasonable control of SFM, that corrupt or impair the administration, security, fairness, or proper operation of the Contest, SFM reserves the right, in its sole discretion, to suspend, modify, or terminate the Contest. Should the Contest be terminated prior to the end of the Contest Period, SFM reserves the right to award Prizes based on the non-suspect, eligible entries received before the termination of the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SFM RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The Co-Sponsors and Contest Entities are not responsible for incomplete, inaccurate, illegible, unintelligible, damaged, lost, late, postage-due, misdirected, delayed, or stolen entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware, or software, whether originating with sender or a Co-Sponsor or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prize, or in any Contest-related materials. In the event of a dispute of who submitted an online entry, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent and he/she must comply with these Official Rules. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider, or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by SFM at its sole discretion, and SFM reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. All entries become the property of SFM and will not be acknowledged or returned.
8. Release of Liability: By entering the Contest, each Entrant: (a) agrees to be bound by these Official Rules and the decisions of SFM, whose decisions shall be final and binding; and (b) agree to release and hold harmless each Co-Sponsor, Contest Entities, Facebook and Instagram from and against any and all claims, suits, causes of action, or other proceedings of any kind for losses, costs, damages, or other liabilities of any kind arising out of their participation in the Contest and/or their acceptance and/or use of any Prize, including, without limitation, due to personal injury, death, and/or property damage; claims based on publicity rights, defamation, or invasion of privacy.
9. Publicity: Except where prohibited, participation in the Contest constitutes Entrant’s consent to SFM's and Contest Entities' use of Entrant's posted comment, name, likeness, photograph, voice, opinions, and/or hometown and state of residence for any commercial or promotional purpose in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification, or permission.
10. Winners’ Names: Names of Winners may be posted on the PTOToday.com website. To obtain a list of Winners, send a self-addressed, stamped envelope by December 31, 2020 with the Official Contest name written on the envelope, to: PTOToday c/o School Family Media LLC, 100 Stonewall Blvd., Suite 3, Wrentham MA 02093.
11. Choice of Law/Jurisdiction: These Officials Rules and the Contest shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon these Official Rules or the Contest may be instituted in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the city of Boston, and each Entrant irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. Each Entrant irrevocably and unconditionally waives any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waives and agrees not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
