"I Can" Essay Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: "I Can" Essay Contest (the "Promotion") is open only to legal residents of: Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin who are at least eighteen (18) years old at the time of entry. Employees of Kimberly Clark Global Sales, Inc., Dollar General Corporation ("Dollar General"), JWT/Ogilvy Action, Reckitt-Benckiser Group plc, Unilever, The Sun Products Corporation, ePrize, LLC, and any of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The Promotion contains a contest ("Contest") and an instant win game ("Instant Win Game").
2. Sponsor: Kimberly Clark Global Sales, Inc., 2100 Winchester Rd, Neenah, WI 54957. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on July 26, 2011 at 12:00 a.m. Eastern Time ("ET") and ends on August 31, 2011 at 11:59 p.m. ET (the "Promotion Period"). Administrator's computer is the official time-keeping device for the Promotion.
5. How to Enter: During the Promotion Period, visit http://dollargeneral.promo.eprize.com/ican/ ("website"), and complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. To enter the Contest, follow the directions to submit one (1) essay describing, "What you can do with a college education" (the "Submission"). By uploading your Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, may disqualify you from the Promotion if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
The Submission must be in text format;
The Submission must not exceed 250 words in length;
The Submission must be in English; and
The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate into his/her Submission for this Contest;
The Submission must not contain text not created by entrant;
The Submission must not contain text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
Once you have submitted the registration form, and on each subsequent day you login, you will automatically receive one (1) Instant Win Game play for that day. To play the Instant Win Game, follow the links and instructions and Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each entrant may upload one (1) Submission total during the Promotion Period and may play the Instant Win Game one (1) time per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/Submissions by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/Submission and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Entrant must have permission from all individuals mentioned in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
In the event of a dispute regarding any play/Submission, the authorized account holder of the email address used to register will be deemed to be the entrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT
SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY/ENTRY AND IS VOID AND WILL NOT BE HONORED.
7. Winner Determination:
a. Contest: After the conclusion of the Promotion Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the potential Contest Prize winners from among all eligible Submissions received, based on an application of the following criteria ("Judging Criteria"):
Quality of Submission (25%); and
Fit to Contest Theme (50%)
The entrant with the highest scoring Submission will be the potential Grand Prize winner, the entrants with the next three (3) highest scoring Submissions will be potential First Prize winners, and the entrants with the next twenty (20) highest scoring Submissions will be the potential Second Prize winners. In the event of a tie, the tied Submissions will be judged by an additional tie-breaking judge using the same Judging Criteria, as determined by the additional tie-breaking judge in his/her sole discretion, the entrant whose Submission received the higher score will be deemed the potential winner. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
b. Instant Win Game: There will be five hundred thirty-one (531) random, computer-generated winning times, during the Promotion Period. For the Fourth Prize there will be one (1) random, computer-generated winning time per day, during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated.
8. Winner Requirements: The Contest Prize winners will be notified on or around September 15, 2011. Each potential Grand through Second Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), which must be received by Administrator within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. If a potential Grand through Second Prize winner is disqualified for any reason, an alternate winner will be selected by the qualified judges based on the Judging Criteria. If a potential Third Prize winner is disqualified for any reason, an alternate winner will be selected through a random drawing from among all eligible entries. Only three (3) alternate winners will be determined for any prize, after which the applicable prize may remain unawarded. Unclaimed Fourth Prizes will not be awarded. First through Fourth Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the
Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 10, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
a. Contest: ONE (1) GRAND PRIZE: A trip for winner and immediate family (up to four (4) people total) to Nashville, TN and a $50,000 educational grant (grant awarded in the form of a check). Trip package includes round-trip, coach-class air transportation for four (4) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Nashville, TN; one (1) night's accommodations at the Opryland Hotel or a comparable hotel determined by Sponsor in its sole discretion (two (2) rooms, double occupancy); ground transportation between the airport and hotel; and attendance for the entire party at a check presentation ceremony (all details of ceremony determined by Sponsor in its sole discretion). In order for the winner to attend the check presentation ceremony, winner must travel surrounding the date of the check presentation ceremony (between the dates of October 22, 2011 and October 23, 2011). If winner is unable to travel surrounding the date of the check presentation ceremony, winner may forfeit the event related portion of the prize and select alternate dates to travel and claim the remaining portions of the prize (travel related portions will be awarded as a $5,000 check, if applicable). Any alternate travel must be arranged prior to end of 2011. Travel must be round-trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless children of winner, travel companions must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, at least one travel companion must be winner’s parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the check presentation ceremony is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value ("ARV"): $57,000 USD. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between
actual and approximate retail value. THREE (3) FIRST PRIZES: A $25,000 educational grant awarded as a check. ARV: $25,000 USD. TWENTY (20) SECOND PRIZES: A $5,000 educational grant awarded as a check. ARV: $5,000 USD. Total ARV of Contest Prizes: $232,000 USD.
b. Instant Win Game: FIVE HUNDRED (500) THIRD PRIZES: A $100 Dollar General gift card. ARV: $100 USD. THIRTY-SEVEN (37) FOURTH PRIZES: A $25 Dollar General gift card. ARV: $25 USD. Odds of winning a prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person. Total ARV of Instant Win Game Prizes: $50,925 USD.
For All Prizes: Terms and conditions of gift cards apply. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize, or a portion thereof, for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion. Total ARV of all prizes: $282,775 USD.
10. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Kimberly Clark Global Sales, Inc., Dollar General Corporation, JWT/Ogilvy Action, Reckitt-Benckiser Group plc, Unilever, The Sun Products Corporation, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees, representatives and agents (collectively, the "Released Parties") from and against any allegations, claims, demands, liabilities or causes of action, including, but not limited to, the risks of travel and of attendance and/or participation at the Grand Prize event, monetary loss, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion (including, but not limited to the use of the website) or receipt or use or misuse of any prize.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor may, in its sole discretion, determine the Contest winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above, and Sponsor reserves the right to award the Instant Win Game Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) printing, typographical,
technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Instant Win Game play, if it is possible. If the Instant Win Game, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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 entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: For a winner list containing the first name and last initial and hometown of the winner, visit http://bit.ly/qscdCB. The winner list will be posted after winner confirmation is complete.
© 2011 ePrize, LLC. All rights reserved.