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RAISE Texas Save‘N Smile Family Video Contest Official Rules

             

            No purchase necessary to enter or win. Contributions or support of RAISE Texas and/or RAISE Texas activities will not increase a family’s chance to win.

 

These Official Rules apply to the RAISE Texas Save ‘n Smile Family Video Contest, (“Contest”) conducted by RAISE Texas (“RAISE”) at 1811 West 38th Street, Austin, Texas 78731 and promoted on www.raisetexas.org. The Contest begins on December 5, 2011 at 12:00 AM Central Standard Time (CST) and ends January 20, 2012 at 11:59:59 PM Central Standard Time (CST) (“Entry Period”). No videos will be accepted after this time. This Contest is subject to all applicable federal, state and local laws and regulations.

 

Way To Enter:

Participants must post a video (no longer than 3 minutes in length) answering the following question: “How can starting a college savings account make an individual’s life easier?”  Explain what it would mean for you and your family if you were to win two-thousand ($2,000) dollars to start a college savings account through the Texas Tuition Promise Fund (“TTPF”). The $2,000 prize into the TTPF would cover up to one (1) year of tuition and fees at a 2-year college in Texas, or cover part of the tuition and fees at a Texas 4-year college.

 

Eligibility:

By posting a video for consideration (an “Entry” or “Entries”), participant acknowledges compliance with the Official Rules and all eligibility requirements listed below. All determinations as to eligibility shall be under RAISE Texas’ sole discretion, final and binding.

I.       Entry Eligibility

Only Eligible Entries will be taken into consideration. In order for an Entry to be considered Eligible it must meet all factors provided below:

a.       Must run no longer than three (3) minutes in length total.

b.      Must have the rights to use, display, and publish all images, music, text, and other content included and MUST be the original work of the participant.

c.       There may only be one (1) entry per family.  Any additional entries submitted by a participant or a participant’s family shall be considered void.

d.      Must be submitted by an Eligible Participant as defined below. An Entry submitted by an Ineligible Participant shall be rendered void.

II.    INELIGIBLE ENTRIES

Entries that contain any of the following shall be considered ineligible and automatically rendered void.

a.       Entries that include profanity, nudity, or copyrighted content in which permission has not been obtained.

b.      Because Entries will be viewed by the public, any Entry including personal information (i.e. address, phone numbers, social security numbers, etc.) in the content of the videos.

c.       Entries that have been previously entered into any other contest, distributed or aired in any way, or won any awards in other competitions.

d.      Entries posted or submitted through avenues other than through YouTube.

e.       Entries that invade the privacy rights of, or defame, any person, living or deceased, or infringe upon any third-party personal or proprietary rights.

f.       An incomplete, unintelligible, garbled, inaccurate, late, or defective Entry, as well as any Entry that does not comply with these Official Rules, shall be deemed to be an Ineligible Entry and thus disqualified.

III. eligible PARTICIPANTS

For the purposes of this Contest, only Entries submitted by Eligible participants shall be taken into consideration. In order for a participant to be Eligible they must fully comply with these Official Rules as well as:

a.       Be A legal resident of Texas (THIS CONTEST SHALL BE VOID OUTSIDE OF TEXAS);

b.      If submitting an Entry, be 18 years or older as of the time the Entry Period starts. For clarification, individuals filmed in an Entry may be 18 years or younger, however, Entries may only be submitted by someone 18 years or older; and

c.       Be a parent or legal guardian of a child aged 12 years or younger.

IV. INELIGIBLE PARTICIPANTS

a.       RAISE, its affiliates, subsidiaries, divisions, advertising and promotion agencies, sponsors, and its respective officers, directors, shareholders, employees, contractors and their relatives and household members are not eligible to enter the Contest.

SUBMITTING AN ENTRY:

In order for an Entry to qualify as submitted, participants must, by the end of the Entry Period: i) upload Entries to YouTube; and ii) once uploaded send an email with the corresponding URL for the YouTube Entry, as well as the participant’s first and last name, home address, email address, phone number, age of child, and relationship to child to savensmile@raisetexas.org. Participant’s failure to satisfy both requirements fully shall result in an Entry being deemed as Ineligible.

Once the URL for an Entry has been sent to RAISE Texas, any edits, modifications, or changes to the Entry will not be considered. RAISE reserves the right to request participants to provide legal releases for any content used in an Entry that is alleged or determined not to be owned by the participant (such as, but not limited to logos, trademarks, slogans, music). Participant’s failure to provide a requested release within ten (10) days of receiving a formal, written request from RAISE shall constitute as a forfeit and participant will be deemed to have surrendered all rights to any prizes. RAISE shall not be responsible for obtaining, or helping a participant obtain legal releases.

RAISE reserves the right to report behavior believed to be contrary to any applicable federal, state and local laws. RAISE also reserves the right to dispose of any Entries in RAISE’S discretion. RAISE is not responsible for any lost, late, delayed, incomplete or misdirected Entries or any computer system, phone line, technical, hardware, software or program failures of any kind or lost or unavailable network connections. Participant recognizes that any attempt to deliberately damage any online service or website, tamper with the judging process, or otherwise undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, RAISE Texas reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

By submitting an Entry participant permits RAISE to alter any winning Entry by adding captions, audio description and/or other accessibility features required by law. Participant may remove an Entry from the contest by emailing savensmile@raisetexas.org on or before February 10, 2012.

 

Entry Judging:

            All Entries will be subject to verification by RAISE Texas’ Video Contest Committee (the “Committee”). Note the Committee may include RAISE staff, Board Members, and individuals from different organizations and institutions. All decisions are in the sole discretion of the Committee and shall be final and binding in regards to all Contest matters.

            Once the Entry Period ends, the Committee will choose up to five (5) Entries to advance to the finals for one (1) $2,000 Grand Prize and two (2) $250 Runner-Up Prizes. These Entries will be picked based upon the quality, integrity, cohesiveness and persuasion of their answer to the question “How can starting a college savings account make an individual’s life easier?” Up to five (5) Entries will be posted on the RAISE Contest web page at www.raisetexas.org on, or about, January 30th, 2012 until February 10th, 2012 where the general public will be able to view each Entry and vote on their favorite. The Grand Prize will be awarded to the Entry that most impresses the Committee as well as receives the most general public votes online. The two (2) Runner-up Prizes shall be awarded to the second and third Entries that most impress the Committee as well as receive the second and third highest amount of general public votes online (once verified all shall be collectively known as “Winners”). The Winners will ultimately be selected based on the Committee’s determination, public determination and the creativity/quality of the Entry.  The Committee’s determination will account for 50%, with the public determination and the creativity/quality of the Entry each accounting for 25% of the overall score.  

            With respect to voting online, RAISE is not responsible for any lost, late, delayed, incomplete or misdirected votes as well as any computer system, phone line, technical, hardware, software or program failures of any kind, lost or unavailable network connections or incorrect/inaccurate vote information whether caused by Internet Users of any of the equipment or programming associated with or utilized by this Contest or any technical or human error which may occur in processing the votes in this Contest. In the event there are not enough Eligible or qualifying Entries (qualifying meaning Entries that have been able to satisfy verification of compliance with the terms herein) RAISE Texas reserves the right to not award the Grand Prize or Runner-Up prizes.

If for any reason this Contest is not capable of being executed as planned, or any cause beyond the control of RAISE Texas (such as but not limited to tampering, fraud, computer virus, technical failures, Acts of God) affects the administration, security, integrity, or proper conduct of the video contest, RAISE Texas reserves the right to disqualify participants, cancel, terminate, or modify the contest.

 

            Contest Prizes

            One (1) Grand Prize Winner will be awarded with a $2,000 deposit into a college savings account in their child’s name through the Texas Tuition Promise Fund (the “Account”).  An Account is typically owned by a parent or legal guardian of the child, with the child a beneficiary of the account.  We encourage the winner to continue to save in the account towards college for their child even after the video contest ends. Two (2) Runner-Up Winners will receive a $250 deposit into an Account through the Texas Tuition Promise Fund in their child’s name. Mentors will be provided to all Winners to assist with enrolling in the Texas Tuition Promise Fund before the February 29, 2012 deadline. 

            For clarification, RAISE Texas, RAISE Texas staff, the RAISE Texas Board, and any entity or individuals affiliated with RAISE Texas will not have ownership over, responsibility for or association with any of the Accounts.   Once prizes are disseminated, and mentors have assisted with enrollment, all future correspondence with regard to the Accounts must be between Winners and the Texas Tuition Promise Fund.  Winners are solely responsible for any expenses, taxes or fees (including but not limited to early withdrawal fees, service fees, or administration fees) related to the Accounts.  The only fee that RAISE Texas will take responsibility for is the actuarial soundness fee of twenty-five (25) dollars required to open an Account. Prizes cannot be transferred or substituted in any manner.

             

            AWARDING/CLAIMING A PRIZE

           The eligibility and age of Winners shall be subject to verification by RAISE. A participant will only be considered a Winner if they: i) are chosen by the Committee; ii) an Eligible Participant; iii) have fully complied with these Official Rules; and iv) under-gone verification. Those participants not meeting all of these factors shall be considered Ineligible and deemed as having forfeited.

           Upon being verified, the Grand Prize Winner and Runner-Up Winners will be notified by phone or email on or about February 13, 2012.  RAISE will connect all Winners with a Mentor to assist them with opening an Account in their child’s name.  Once the Winners are announced, RAISE Texas will send a check to the Texas Tuition Promise Fund to be deposited into each Winner’s Account on behalf of the Winner’s child.  Winners will also be announced at an official ceremony on February 20, 2012 as part of Texas Saves Week. Winning Entries submitted by Winners will be posted on the RAISE Texas website at www.raisetexas.org after February 20, 2012. In claiming a Prize, the participant doing so must be 18 years of age or older as of the time the prize is being claimed.

           The Grand Prize Winner must attend the award ceremony in Austin on February 20, 2012 and failure to do so, without prior written consent of RAISE, shall constitute as a forfeit and surrender of all rights to the Grand Prize. In such an event, the Runner-Up Winner that received the second highest amounts of public online votes shall automatically become the Grand Prize Winner and the Runner-Up Winners shall be determined in a similar fashion.   RAISE will work out the details of the trip with the Grand Prize Winner once he/she is notified and cover the travel, lodging and meal expenses of the Grand Prize Winner at their discretion and based upon availability.  RAISE Texas will assist the Grand Prize Winner in making air travel and hotel arrangements once the Grand Prize Winner is notified.  Meal expenses will be based on the federal per diem rate. The Grand Prize and two Runner-Up Prizes will be the only compensation awarded for this Contest.  No other compensation will be paid to any participant for an Entry or for RAISE’s future use of the Entry in any manner. RAISE is not responsible for any lost or misplaced prizes. Winners may be required to complete and return a signed and notarized W9 Taxpayer Identification Form and/or Affidavit of Eligibility/Liability/Publicity Release prior to being awarded a prize and within seven (7) days of being notified they are a Winner.

 

            TAXES

            All federal, state and local income taxes are the sole responsibility of each Winner. The taxable value of the prizes may be treated as ordinary income to the Winners for federal and state income tax purposes, and each winner may be required by law to pre-pay a portion of the tax liability incurred in connection with his/her receipt of the prizes before receiving his/her prize from RAISE.

             

            Release of liability; releases

            By submitting an Entry participant agrees to defend, release, indemnify and hold harmless RAISE, its affiliates, subsidiaries, divisions, advertising and promotion agencies, sponsors, and their respective officers, directors, shareholders and employees and agents (“RAISE Group”) from and against any claims, action and/or liability for injury, loss or damage of any kind, REGARDLESS OF THE CAUSE OF ACTION, resulting from participation, acceptance, use or mis-use IN this Contest. Except where and as may be prohibited by law, participation in the Contest constitutes express permission to use such participant’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation. If you do not agree to these terms, you should not participate in the Contest. Participant unconditionally assigns and transfers to RAISE all rights, title, interest and claim, which they now have or may have in the future to Entries whether acceptable or not regardless of the form they take, or any element(s) thereof including, without limitation, the copyright therein and further grants RAISE the right to use, publish, exploit and/or modify any ENTRY submitted in connection herewith in any manner it wishes. Participant agrees that if selected as the Grand Prize Winner or one of the RUNNER-Up winners, they grant RAISE Texas and its designees the right to film, photograph, and later publish footage, pictures, and quotes of the winners.

             

            LIMITATION OF LIABILITY

RAISE Group is not responsible for incorrect or inaccurate transcription of contest entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, or any other error or malfunction, or any injury or damage to contest participant or any other person’s computer related to or resulting from participation in this contest, or for any injury to person or property, including but not limited to video equipment, arising from the contest participant’s participation in this contest or for the use or misuse of any prize won. Except where prohibited: i) participant agrees that any and all claims, judgments or awards shall be limited to the actual out-of-pocket expenses incurred, but in no event attorneys fees; ii) in no event shall participant be permitted to obtain awards for, and the participant hereby waives any and all rights to claim, punitive, incidental, consequential or any other damages, other than actual out-of-pocket expenses and hereby waiveS any and all right to have damages multiplied; and III) Any errors in Contest-related materials or in the administration of the Contest, such as errors in processing Entries, identifying Winners, determining Winners, or announcing or delivering prizes.

 

            Privacy Statement

The personal information participant provides in connection with this Contest will only be used to contact participant if there is a question or issue regarding an Entry, an Entry’s content, if there is information about the Contest that participant should be aware of, or if participant is determined to be a Winner of the Contest.  RAISE Texas will not disclose, sell, transfer, or give away any personal information about participant, unless required by federal, state or local law. RAISE Texas will not correspond with participant about their Entry other than to award the Grand Prize and the two Runner-Up Prizes.  RAISE Texas will, to the best of its ability, discard all personal information submitted by any participant that is not deemed a Winner immediately after the contest ends.  The information of the three Winners will be kept in compliance with any local, state or federal laws solely in regard to reporting requirements.  If during the course of the contest a participant is uncomfortable with the terms and the personal information provided to RAISE, send us an email to savensmile@raisetexas.org and we will make best efforts to remove any personal information submitted upon receipt of the email. 

Children’s Online Privacy Protection Act (COPPA)

RAISE Texas takes special care in protecting the privacy of children. For this reason, we do not knowingly collect personal information from children under the age of thirteen (13). All information submitted in furtherance of this Contest must be done so by a parent or legal guardian, or, by someone 18 years or older with the consent of a parent or legal guardian. RAISE Texas will not be responsible for verifying whether participant has obtained such consent and participant shall indemnify RAISE Texas against any damages that result from participant’s failure to do so.

             

            Contest Restrictions

            By submitting an Entry, participant represents they will comply with these Official Rules fully and waives any right to claim ambiguity in these Official Rules. The failure or delay of RAISE Texas in enforcing any particular clause, provision or aspect of these Official Rules shall not impact validity, enforceability of such clause or provision.

             

            Governing Law; SEVERABILITY

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and/or RAISE Texas in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to conflicts of law/choice of law doctrine of Texas or any other jurisdiction, and all proceedings shall exclusively take place in Travis County, Austin, Texas. Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right. If a court of competent jurisdiction finds that any provision of these Official Rules is invalid, illegal or unenforceable all other conditions or provisions shall remain in full force and effect and such provision shall be negotiated, between the parties, and modified so as to comply with law.  In the event any provision cannot be modified to comply with the law, said provision shall be deemed to be deleted and the remaining terms and conditions shall remain in full force and effect.

 

 

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