ExploreLearning® 2024 Testimonial Sweepstakes
OFFICIAL RULES

NOT OPEN TO THE GENERAL PUBLIC. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.   For a copy of these Official Rules, please visit https://bit.ly/3T7IDOf.

1. ENTRY PERIOD.  The ExploreLearning 2024 Testimonial Sweepstakes (this "Sweepstakes") begins on March 25, 2024 at 12:00:01AM Eastern Time (the "Entry Period"). Sponsor's computer is the official time-keeping device for this Sweepstakes.

2. ELIGIBILITY. This Sweepstakes is not open to the general public and offered only to teachers or educators (“Entrant”) who are: (1) legal residents of the 50 United States, including the District of Columbia and Puerto Rico; (2) at least 18 years old (or the age of majority in their state if higher than 18) at the time of entry; and (3) are Educators at a full or part-time employees at a School or school district located in the United States or Puerto Rico who are using or have used an Eligible ExploreLearning Product in their classrooms in the 12 months prior to the start of the Entry period. A “School” is defined as kindergarten through 12^th grade public or private school in the United States or Puerto Rico that is tax-exempt under section 501(c)(3) of the Internal Revenue Service Tax Code or is a registered public school with the national Center for Educational Statistics. The "Eligible ExploreLearning Products" are ExploreLearng FRAX®, Gizmos® or Reflex®.

Employees, officers, directors or agents of Sponsor and its affiliate companies, as well as their immediate family members (spouse, parents, siblings and children) and household members of each such employee of such entities are ineligible to enter. This Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void where prohibited or restricted by law. All federal, state, and local laws and regulations apply. All prizes will be awarded to the winning Entrant for use in their classroom for the benefit of the School or classroom serving an educational purpose. If Entrant is not a teacher of a classroom, the prize will be awarded to the Entrant’s School of employment for the benefit of the School for education-related use. No prizes will be awarded for personal use by the Entrant.

By participating in this Sweepstakes and subsequently accepting any Prize awarded, the Entrant represents and warrants that Entrant has reviewed any policies or restrictions related hereto, including the School or classroom’s potential involvement or use of the Prize, and that Entrant’s participation does not violate any School or district policies with which Entrant is required to comply. The awarding of the Prize is subject to any such policies. If, for any reason, an Entrant is unable to accept the Prize, including due to School or district policies, the Prize will be forfeited, and Sponsor will have no further obligation to such Entrant. Sponsor hereby disclaims any and all liability or responsibility for disputes arising between Entrant, School, or district related to this Sweepstakes.

3. HOW TO ENTER. 

Send in your Video Testimonial. During the Entry Period, Entrant can visit the following page: [LINK TO SITE] (the “Site”) hosted by Vocal Video where Entrant can follow the online instructions for recording and submitting a video testimonial in response to given prompts for the chosen Eligible ExploreLearning Product (FRAX, Gizmos, or Reflex) (“Entry”). The submission will require the Entrant to provide their name, email and contract information, School of employment, title, and grade(s) taught. If an Entrant uses both Eligible ExploreLearning Products, the Entrant may enter one video for each (i.e., an Entrant can submit one Entry for FRAX, a unique Entry for Gizmos, and unique Entry for Reflex). By clicking and visiting the Site, Entrant acknowledges and agrees that they will be visiting a third-party site not under Sponsor’s control, and such visitation may be subject to Vocal Video terms and privacy policies.

Video Requirements: By submitting an Entry, Entrant represents and warrants that the Entry does not infringe upon the rights of any third party, including but not limited to, copyright, trademark, and rights of privacy and publicity. Entrant further represents and warrants that the Entry does not contain any commercial or corporate logos, advertisements, endorsements, and does not feature any individual(s) other than the Entrant, unless Entrant has obtained the necessary express written consent from such individuals for their appearance in the Entry and for use of the Entry as contemplated herein. Entrant understands and agrees that ExploreLearning reserves the right, in its sole discretion, to disqualify and remove any Entry from consideration that does not comply with these requirements.

4. ENTRIES.  There is a limit of one (1) entry per person per Eligible ExploreLearning Product. Any automated confirmation of submission will not constitute proof of actual receipt of an entry by Sponsor.  Entries cannot contain profanity, violence, threatening language, illegal or offensive material, derogatory or defamatory comments, or be inappropriate, indecent or obscene as determined by Sponsor, in its sole discretion.  Entries must be in keeping with Sponsor’s image, and may not violate the privacy rights or publicity rights of any person or otherwise infringe upon any person’s or entity’s intellectual property, personal or proprietary rights.  All non-conforming entries will be disqualified, as determined by Sponsor in its sole discretion.  Any incomplete or garbled entries will be disqualified.  Entrant agrees to hold Sponsor harmless in the event that an Entrant’s Entry violates any third-party intellectual property, publicity or privacy rights. Once submitted, all Entries become the exclusive property of Sponsor and will not be returned. By responding to the Sweepstakes, you acknowledge and agree that: (i) Sponsor may use or not use and product improvement suggestions in entries in its discretion; (ii) Sponsor is under no obligation to attribute any product improvement ideas to any particular entrant; and (iii) it is possible that Sponsor, its employees and agents have independently developed similar concepts on their own.

5. PRIZE(S); ODDS; DRAWING; WINNER NOTIFICATION.  

Sponsor will award three (3) prizes, regardless of the Eligible ExploreLearning Product used for the Entry. Prize is an Eligible ExploreLearning Product Bundle, the contents of which will correspond with the Eligible ExploreLearning Product used by the Entrant in the winning Entry, as detailed below (Approximate Retail Value: (1) Reflex Bundle: $26 USD; (2) FRAX Bundle: $30 USD; or Gizmos Bundle: $29 USD). The Reflex bundle will include the following: 50 Ninja brag tags, Happy Crabby stamps, poster pack, and 5 Get the Green Sticker Sheets. The FRAX bundle will include: 50 FRAX brag tags, a FRAX poster, and 50 FRAX pencils. The Gizmos Bundle will include: 50 Gizmos pencils, 1 Gizmos Poster Pack, 1 Steps to Inquiry Poster, and 5 Gizmos lanyards. If the Winning Entrant utilizes all Eligible ExploreLearning Products in their classroom, they will have the choice between the bundles.

Odds of winning a prize depend on the number of eligible entries received during the Entry Period.  Limit one (1) prize per person.  Sponsor makes no representation to any winner as to the fitness or suitability of a prize for any purpose, and Sponsor hereby disclaims any and all warranties, express or implied, concerning any prize. Following the conclusion of the Entry Period, on or around May 6, 2024, Sponsor or its designee will randomly select the Winner from among all eligible Entries submitted during the Entry Period. All entries must conform to these Official Rules to be eligible. By entering this Sweepstakes, each Entrant consents to be contacted by email at the email address included in the Entry for purposes relating to this Sweepstakes. A potential winner is required to respond within two (2) days of Sponsor’s initial notification attempts. A potential winner may be required to sign, have notarized and return an affidavit of eligibility and release of liability and publicity release and IRS Form W-9 (Request for Taxpayer Identification) within five (5) business days of potential winner’s receipt of such documents to claim a prize. Winner may also be required to provide a copy of winner’s driver license for eligibility verification.  If potential winner (1) cannot be contacted; (2) fails to reply to notification within two (2) days of notification; (3) fails to comply with these Official Rules; and/or (4) does not return any required documentation or eligibility verification by the due date, then the potential winner may be disqualified and the prize forfeited and Sponsor may select an alternate potential winner from the remaining eligible entries received during the Entry Period. Sponsor shall not be held responsible for any delays in awarding a prize for any reason. Prize will be delivered to the mailing address provided by the Winning Entrant. Please allow up to thirty (30) days for prize delivery after winner verification. Prize is non-transferable. No prize substitution or cash equivalent of any prize is permitted, except at Sponsor’s sole discretion, and then only for a prize of equal or greater value.  All taxes or expenses, including, without limitation, sales tax, federal, state, and local income tax, and any other costs incurred in claiming or using prize, are the sole responsibility of the prize winner.

6. GENERAL TERMS.  Any attempted form of participation in the Sweepstakes other than as described in these Official Rules is void. Entries received from an Entrant in excess of the stated limitation will be void. Multiple Entrants are not permitted to share the same email address. If it is discovered that an Entrant attempts to receive additional entries in excess of the stated limitation, including, without limitation, if an Entrant is found to use multiple email addresses to enter this Sweepstakes, then the Entrant may, at Sponsor’s sole discretion, be disqualified from the Sweepstakes.  In the event of a dispute as to the identity of a winner or Entrant, the winner or Entrant will be the person who is the authorized account holder of the email address used to enter the Sweepstakes.  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.  Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third party, or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same.  CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. 

7. LIMITS ON LIABILITY.  By entering, Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which will be final and binding in all respects. By entering, Entrants acknowledge and agree that Sponsor, its affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agencies (the “Released Parties”) are not responsible and shall have no liability for: (a) Entries that contain incomplete or inaccurate information or do not otherwise comply with these Official Rules; (b) Entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, garbled, misdirected, or otherwise not received by Sponsor or its agents for any reason; (c) any typographical or other error in any materials relating to this Sweepstakes; (d) any problems or technical malfunctions, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes.  Except where prohibited by law, by participating, Entrants and winners agree to, and hereby waive, release and hold harmless the Released Parties from and against (1) any and all claims, actions, and/or liability, for loss, harm, damage, injury, cost or expense whatsoever and of any kind with respect to or in any way arising from entry or participation in the Sweepstakes and/or in any Sweepstakes-related activity and/or use of the Prize, including, without limitation, property damage, liability for personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize, and (2) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of this Sweepstakes; or (ii) acting in violation of these Official Rules. If Sponsor determines, in its sole discretion, that this Sweepstakes cannot be executed as planned, including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised in any way, electronically or otherwise, Sponsor reserves the right to terminate this Sweepstakes, and to award the Prize by a random drawing from all eligible Entries received prior to the date of cancellation or suspension. 

8. PRIVACY.  Notwithstanding anything herein, any personal information collected from an Entrant’s participation in the Sweepstakes is subject to use in accordance with Sponsor’s privacy policy available at https://apps.explorelearning.com/account/gizmos/privacy. Participation in this Sweepstakes and submission of an Entry video constitutes your consent to ExploreLearning, directly and via Vocal Video, collection, use, and disclosure of personal information provided in connection with the Sweepstakes for the purposes of administering the Sweepstakes, prize fulfillment, and other license granted herein, including Section 9 below.

9. PUBLICITY RELEASE. By entering the Sweepstakes, Entrant grants Sponsor and its designees the perpetual worldwide right to use and/or publish Entrant’s name, biographical information, photos, video and/or other likeness, Entry and any statements or other information provided as part of the Entry, in whole or in part, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without additional compensation or notice to entrant, or review or approval by entrant, except where prohibited by law.

10. GOVERNING LAW; FORUM.   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 this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.  If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of the Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Virginia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) 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.

11. SPONSOR.   The “Sponsor” of this Sweepstakes is ExploreLearning located at 110 Avon Street, Charlottesville, VA, 22902.

WINNER LIST. To receive a winner list or copy of these Official Rules, send a stamped, self-addressed envelope to Sponsor within three (3) months after the Entry Period ends, which July 30, 2024. Please address the request to Sponsor at: ExploreLearning, Testimonial Sweepstakes Information Request, Attention: ExploreLearning Outreach, 110 Avon Street, Charlottesville, VA, 22902.

ExploreLearning® is a Charlottesville, VA based company that develops online solutions to improve student learning in math and science.

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Charlottesville, VA 22902, USA

866-882-4141

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