Raise Your Hand Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION DESCRIPTION: The Raise Your Hand Promotion (referred to herein as the “Promotion”) is a public vote promotion and will take place from April 1, 2019 to May 15, 2019. The intent of the Promotion is to invite individuals to vote for his/her state/U.S. territory to determine one (1) Grand Prize winner, one (1) Second Place Prize winner, and one (1) Third Place Prize winner. Eligible individuals who are also 4‑H members, volunteers or alumni may also submit a vote for the state/U.S. territory in which he/she is a 4‑H member, volunteer or alumni to determine winners of fifteen (15) Random Drawing Prizes of a $1,000 JOANN gift card, randomly drawn from among all Land Grant Universities receiving votes from 4‑H members/volunteer/alumni as further described herein. The total number of Promotion Votes, as defined below, received for each state/territory will be weighted by dividing the number of votes for that state/ territory by the state/territory’s percentage of the US population (as determined using 2010 U.S. Census data) to determine the state/territory’s weighted Promotion Votes (the “Weighted Votes”).
By participating in the Promotion, each voter and Land Grant University (collectively referred to herein as “Participant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of National 4‑H Council (“Sponsor”) and US. Sweepstakes & Fulfillment Co. (the “Administrator”) which shall be final and binding in all respects.
ELIGIBILITY: Only National 4‑H Council affiliated Land Grant Universities are eligible to receive prizes in the Promotion. Participation in the voting component of the Promotion is open to legal residents of the 50 United States, the District of Columbia, America Samoa, Guam, Northern Mariana islands, Puerto Rico and US Virgin Islands, who are age 13 or older at the time of entry. Void outside the U.S., and wherever else prohibited by law. Promotion is subject to all applicable federal, state and local laws and regulations.
TIMING: The Promotion begins at 12:00:01 AM Eastern Time (“ET”) on Monday, April 1, 2019 and ends at 11:59:59 PM ET on Wednesday, May 15, 2019 (the “Promotion Period”). The Sponsor’s computer is the official timekeeping device for this Promotion.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
• Grand Prize: One (1) Grand Prize is available to be won consisting of a $20,000 grant.
• Second Place Prize: One (1) Second Place Prize is available to be won consisting of a $10,000 grant.
• Third Place Prize: One (1) Third Place Prize is available to be won consisting of a $5,000 grant.
• Random Drawing Prizes: Fifteen (15) Random Drawing Prizes are available to be won consisting of one (1) $1,000 JOANN gift cards each.
• Grand, Second Place and Third Place Prizes will be awarded in the form of a grant for the National 4‑H Council approved fiscal organization, as designated by the State/Territory Program Leader, associated with the Grand Prize Winner’s state/territory of residence (“Grant Gift”).
• Grant Gifts will be awarded in the form of a check.
• The total ARV of all prizes available to be won: $50,000.
There is a limit of one (1) Vote per person per email address during of the Promotion Period. All Votes must be received between 12:00:01 AM ET on Monday, April 1, 2019 and 11:59:59 PM ET on Tuesday, May 15, 2019.
The Votes become sole property of Sponsor and none will be acknowledged or returned. Nothing in these Official Rules shall obligate Sponsor to publish or otherwise disclose any Vote submitted in connection with this Promotion. Multiple Voters are not permitted to share the same email address.
Any attempt by any person/entity to gain Votes by promising a benefit to the Voter or any other person, including the use of sites such as Vote Exchange or other similar social media sites, may subject the Voter to disqualification in the sole discretion of the Sponsor. Voters who spam or create false accounts for the purpose of casting Votes (or otherwise undertake any act intended to manipulate or undermine the integrity of the Promotion) may have their Votes disqualified. Decisions of the Sponsor are final relating to all aspects of the voting process and results. The Sponsor may disqualify any Voter, or related parties, who violate or is suspected of violating any of the terms and conditions of the Promotion or these Official Rules.
LEADERBOARDS DISPLAYED ONLINE MAY NOT BE ACCURATE. RESULTS ARE UNOFFICIAL UNTIL ALL ONLINE VOTES HAVE BEEN TALLIED AND VERIFIED BY SPONSOR OR ITS AGENT.
PRIZE WINNER DETERMINATION, NOTIFICATION & ACCEPTANCE REQUIREMENTS: The National 4‑H Council affiliated Land Grant University located in the one (1) state/territory that receives the most Weighted Votes during the Promotion Period will be deemed the potential Grand Prize winner. The National 4‑H Council affiliated Land Grant University located in the one (1) state/territory that receives the second most Weighted Votes during the Promotion Period will be deemed the potential Second Place Prize winner. The National 4‑H Council affiliated Land Grant University located in the one (1) state/territory that receives the third most Weighted Votes during the Promotion Period will be deemed the potential Third Place Prize winner. In the event of a tie, winners will be selected in a random drawing from among the states/territories whose Weighted Vote totals are tied. A random drawing will take place on or about Tuesday, May 21, 2019 from among all Member/Volunteer/Alumni Votes received during the Promotion Period to determine the fifteen (15) potential winning states/territories whose winning National 4‑H Council affiliated Land Grant Universities will be deemed a potential Random Drawing Prize. All states/territories that received Member/Volunteer/Alumni Votes are eligible for the random drawing.
An authorized agent of each of the potential prize winners will be notified on or about Tuesday, May 21, 2019, via email and/or phone and given instructions on how to claim the prize. The National 4‑H Council approved fiscal organization, as designated by the State/Territory Program Leader, to receive the prize may be required to complete, sign and return as instructed a Memorandum of Understanding (“MOU”) to accept the prize from the Sponsor by the deadline provided by Sponsor. If any winning state/territory does not have an approved fiscal representative designated by Sponsor, prize will be awarded to the National 4‑H Council-affiliated Land Grand University associated with such state/territory. If such state/territory has multiple National 4‑H Council-affiliated Land Grant Universities, and there is a need to split the prize, the 1862 Land Grant University will receive 90% of the prize and the 1890 Land Grant University will receive 10% of the prize. Noncompliance will result in disqualification and the state/territory that received the next highest number of Weighted Votes will be deemed the potential Grand, Second Place or Third Place Prize winner, or an alternate winner selected in a random drawing if such prize is a Random Drawing Prize and will be notified as described above. The prizes will be awarded within approximately 60 days after verification. Prize winners will be publicly announced on or about Friday, June 14, 2019, pending completion of any required documentation.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules such winner will be disqualified.
Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winning Participant’s name, prize won, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting a prize, Participant further agrees to release the Promotion Entities (as defined below) from any and all liability, loss or damage of any kind arising out of or in connection with its participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
GENERAL: Participants and Voters agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each (collectively, the “Promotion Entities”), harmless from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Participants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize.
Although subsequent attempts to submit a Vote may be received, only the first complete Promotion Vote and the first complete Member/Volunteer/Alumni Vote received from a particular Voter will be eligible; subsequent attempts by the same person to vote, including Votes submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of a Voter, Vote will be deemed submitted by the “Authorized Account Holder” of the email address submitted by the Voter. Authorized Account Holder means the natural person to whom the email address is registered. Any Voter may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Vote materials/data that have been tampered with or altered, or mass Votes or Votes generated by a script, macro or use of automated devices are void. The Promotion Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible Votes; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Promotion materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Voter’s or any other person’s computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any Participant or person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor is not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any Participant or individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Vote process or the operation of the Promotion. Sponsor reserves the right to disqualify any Participant or Voter at any time during the Promotion Period that may be found ineligible.
In the event any Participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Participant, Voter or winner and void any Votes of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL OR PARTICIPANT TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY PARTICIPATING IN THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Montgomery County, Maryland and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Montgomery County, Maryland. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Montgomery County, Maryland. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://4-h.org/raise-your-hand/ or send a self-addressed, stamped envelope by May 15, 2019 to: Raise Your Hand Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 06/14/19), send a stamped, self-addressed envelope (no later than 07/14/19) to: Raise Your Hand Promotion Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: National 4‑H Council, 7100 Connecticut Ave., Chevy Chase, MD 20815.
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