The Stick With Art! Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state and local laws.
Promotion Entry Period: The Stick With Art! Contest (the "Promotion") begins at 12:00 a.m. Eastern Time (“ET”) on November 1, 2023 and ends at 11:59 p.m. ET on December 10, 2023 (the "Promotion Period"). The entire duration of the Promotion runs September 26, 2023 until potential winners have been notified, verified and prizes have been awarded (“Entire Promotion Period”).
Eligibility: Art teachers must be legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry, who teach children between the ages of 6 and 18 years of age inclusive at a federally recognized public/private/charter school, and have made or are currently planning to make Popsicle stick creations as part of their class (either in class or as a homework assignment) (“Teacher”). Parents must be legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry, who have a child between the ages of 6 and 18 years of age inclusive that have made or are currently planning to make Popsicle stick creations in their art class (either in class or as a homework assignment) (“Parent”). Parents who homeschool their child/charge are not eligible. Persons who at any time during the Entire Promotion Period are employees, officers or directors of Conopco, Inc., d/b/a Unilever (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Daniel J. Edelman, Inc., and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Sponsor, Administrator and Related Parties”) and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winners.
Sponsor/Administrator: The Sponsor is Conopco, Inc. d/b/a Unilever, 800 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
How to Enter: During the Promotion Period, eligible Entrants [who may be Parents submitting an Entry (as defined above) on behalf of their child/charge’s Teacher, or may be Teachers submitting an Entry on their own behalf] may enter on Instagram.com or on their web enabled mobile device using the Instagram application by posting a photo of their child/charge/students’ (as applicable) Popsicle stick creation(s) (not including any child’s information including imagery, name or likeness) using the hashtag #StickWithArtContest and tagging @popsicle, which otherwise complies with the “Entry Requirements” in Section 5 to receive one (1) entry (the “Entry”) into the random drawing, as described below. You must have an Instagram account. The Parent or Teacher submitting the Entry will be known as the “Entrant”. If you do not have an Instagram account, and you would like to create one for free, visit instagram.com or download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. There is no limit to the number of Entries an Entrant may submit, but each Entry must be unique.
Entry Requirements, Representations and Warranties:
You acknowledge and agree to the following with respect to the Entry you submit: Receipt of Entries will not be acknowledged. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email used to enter or associated with Entrant’s Instagram account will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Entrant’s social media profiles must be keeping with Sponsor’s image or Entrant may be disqualified. Normal time rates, data rates and other fees or charges, if any, charged by the Entrant’s Internet access, phone or mobile service provider will apply.
By submitting an Entry, each Entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing the right to use the Entrant’s name, likeness, voice, persona, biographical information and/or statements attributed to the Entrant and the Entrant’s Entry (including, without limitation, and if applicable, Teacher Essay (collectively, “Personality Rights”), in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for advertising, trade, promotional and commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law.
Any Entry or Teacher Essay, where applicable (defined below) not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
Entries must not include names, likenesses, or personally identifiable information. Entrant must have permission from their students’ parent/legal guardian to submit Popsicle stick creation, and if Sponsor asks to see the permissions, the Entrant must provide them upon request or Entrant will be disqualified.
Entry must not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property or include pranks or comedic content with negative intent on others.
Entry must not contain illegal drugs or stimulants.
The Entry/Teacher Essay, or portion thereof, must not contain obscene, profane, lewd, nudity, offensive language, defamatory, vulgarity or inappropriate content or language, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion.
Entry must not, and you represent and warrant that it will not, violate or infringe any third-party copyright, trademark, trade dress, logos, or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light.
Entry/Teacher Essay must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Popsicle), slogans, political, or religious statements, or be otherwise objectionable.
Entry/Teacher Essay must not include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address.
Entrants and all submitted Entries/Teacher Essays must be in keeping with the image or message of the Sponsor in its sole discretion, or Entry/Teacher Essay will be disqualified from the Promotion.
Entry must include the students’ sole original work(s) and may not have been submitted previously in a Promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
You must own all rights to the Entry/Teacher Essay and have the right to grant Sponsor a license to use the Teacher Essay or the Entry (any material embodied in the Teacher Essay/Entry).
Entry/Teacher Essay must not contain material that promotes bigotry, racism, hate speech, terrorism, bullying or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Entry/Teacher Essay must not contain overtly sexual content.
The Entry/Teacher Essay cannot defame, misrepresent or contain disparaging remarks about Sponsor and its Administrator or their products or other people, products or companies.
Entry/Teacher Essay must not contain content that is known by you to be false, inaccurate or misleading.
Random Drawing: On or about December 11, 2023, up to forty (40) Entries will be randomly selected from among all eligible Entries received throughout the Promotion Period. In the event there are fewer than forty (40) eligible Entries received, there will be no random drawing and all eligible Teacher Essays (as defined below) will proceed to the School Prize winner judging provided the Entrant completes and returns the Declaration, as outlined below. Drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the random drawing, if applicable. The odds of being selected in the random drawing to be judged depend on the total number of eligible Entries received throughout the Promotion Period.
Entrant/Winner Notification/Contest Submission: Potential winning Entrants be notified by direct message from @popsicle on Instagram using the Instagram account used to enter the Promotion and must follow the instructions provided within the direct message within twenty-four (24) hours of notification. If potential winning Entrant is a Parent, they will be required to provide the contact information of their child/charge’s art Teacher from their Entry and must then sign and return via DocuSign, a Declaration of Compliance, Liability & Publicity Release (where legal) and Assignment of Rights (collectively, “Declaration”) within forty-eight (48) hours after delivery. All potential Teacher Prize winners must sign and return via DocuSign, a Declaration of Compliance, Liability & Publicity Release (where legal) and Assignment of Rights (collectively, “Declaration”). In addition, potential Teacher Prize winners will be required to provide employment verification (in the form of either a recent paystub or a letter from their school verifying employment). The Declaration(s) must be completed, signed and returned, along with the employment verification, via a method specified by Sponsor within forty-eight (48) hours after delivery of the Declaration to the winner. Lastly, in order to submit a Contest submission for the winning Teacher’s School (defined below), potential Teacher Prize winners will be required to respond to three (3) to four (4) essay questions (the “Teacher Essay”) provided in a format determined by Sponsor in the timeframe stated below or Teacher Essay may be disqualified and that Teacher will have no opportunity to win a School Prize. Teacher Essay must meet all Entry parameters listed above, as well. Teacher Essays must be completed as directed by January 24, 2024 or School prize may be forfeited.
The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner/Entrant for any reason. If, despite reasonable efforts, a potential winner/Entrant does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner/Entrant, or if Declaration is returned undeliverable, or in the event that potential winner/Entrant is ineligible or does not submit a Teacher Essay for any reason or has not complied with these Official Rules such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner/Entrant is found to be ineligible, or if the potential winner/Entrant has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner/Entrant will be disqualified and an alternate winner/Entrant may be selected and notified, as described above.
School Prize Winner Judging: On or about January 29, 2024, the Teacher Essays will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria:
Teacher’s sense of serving all students with instructional proficiency – 20%
Teacher’s sense of creative use of funds and demonstrated need – 20%
Teacher’s sense of the current state of need and how to improve their instruction for students – 20%
Teacher’s sense of advocating support for learning in art within their immediate school community and the larger community – 40%
The school that employs the Teacher who writes the Teacher Essay that receives the highest score from the Judges will be deemed the potential School Grand Prize winner, subject to verification, and the school in which the winner teaches (the “School”) will receive the School Grand Prize, as described below and subject to verification. The Schools of the next four (4) Teacher Essays that receive the highest scores from the Judges will be deemed the potential School First Prize winners, subject to verification, and the Teacher’s Schools will receive the School First Prizes, as described below and subject to verification. In the event of a tie, tied Entries will be re-judged by the Judges based on Teacher’s sense of serving all students with instructional proficiency. Sponsor/Judges’ decisions are final with respect to all matters relating to the judging. By participating, Entrants/Teachers/Schools agree to the decisions of the Judges/Administrator, which shall be final and binding in all respects. No information regarding Entries/Teacher Essays, random drawing or judging will be disclosed to any third party not involved in the conduct of the Promotion.
School Prize Winner Notification: Potential Teacher Prize winners whose corresponding Schools were determined Grand and First Prize winning Schools will be notified via email. The potential Teacher winners must then have an authorized representative of their School (“School Administrator”) sign and return via email, an Affidavit of Eligibility, Liability & Publicity Release (where legal) (collectively, “Affidavit”). The Affidavit must be completed, signed and returned within seventy-two (72) hours after delivery of the Affidavit to the winning School Administrator (not including weekends and/or federal holidays). In addition, the School’s Administrator will be asked to provide an IRS determination tax exemption status letter or a letter from the School indicating such. The Released Parties shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or if Affidavit is returned undeliverable, or in the event that potential winner is ineligible for any reason or has not complied with these Official Rules such potential winner will forfeit his or her prize and an alternate winner may be determined as described above. If any potential winner is found to be ineligible, or if the potential winner has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner/School will be disqualified and an alternate winner/School may be determined.
Prizes: The following prizes will be available:
School Grand Prize (1): A $20,000 check made payable to the Grand Prize-winning School that must be used to support the arts in the School, such as through materials, equipment, professional development, field trips, community partnerships, arts infused ED&I initiatives, and/or community artwork (murals, etc.).
School First Prize (4): A $10,000 check made payable to the First Prize-winning School that must be used to support the arts in the School, such as through materials, equipment, professional development, field trips, community partnerships, arts infused ED&I initiatives, and/or community artwork (murals, etc.).
Teacher Prize (Up to 40): A $1,000 check made payable to the Teacher Prize winner that must be used towards art supplies only.
Parents associated with winning Entries will not receive a prize. Prize winning Schools will be required to provide Sponsor with a report (after the check has been used) showing exactly how the applicable School Prizes were used as directed by Sponsor. No more than advertised number of prizes will be awarded. Prizes will be delivered only to addresses in the 50 United States and the District of Columbia. No transfer, assignment, or substitution for any prize will be permitted, except at the sole discretion of the Sponsor.
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the applicable prize winner. Teacher Prize winners will be issued a 1099 tax form for the actual value of the prize. Any taxes related to the School prizes are the sole responsibility of the School, if applicable. The School Administrator must supply an IRS determination tax exemption status letter or a letter from the School indicating such.
Neither Sponsor shall have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Promotion and/or any Entrant’s/Teacher’s/School’s participation in the Promotion.
General Conditions: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Promotion, or any part of it, to modify these Official Rules immaterially and to change any of the dates and/or times indicated in these Official Rules, at any time in its discretion, including without limitation in the event of any changes to the terms applicable to the use of any social channel, government shutdowns or in connection with any fraud, technical failure or problem or occurrence that in Sponsor's judgment impairs the integrity or proper functioning of the Promotion or prevents the Promotion from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Promotion, the random drawing (if applicable) for the Teacher Prizes will be conducted from all eligible Entries received prior to cancelation and School Prize winners will be determined based on judging in accordance with the procedures set forth in these Official Rules. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor, in its sole discretion, will determine the validity of each Entry/Teacher Essay. If Sponsor determines or believes that any Entry/Teacher Essay is fraudulent, illegitimate or invalid, or that any Entrant has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected Entrant and/or to void any suspect or affected Entries/Teacher Essays. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Promotion information provided elsewhere (including, without limitation, in advertising or marketing materials), these Official Rules shall prevail.
Rights In Submissions: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant/Teacher winner hereby irrevocably grants to the Sponsor, Administrator and Related Parties, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry/Teacher Essay, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Sponsor, Administrator and Related Parties shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry/Teacher Essay for any purpose which the Sponsor, Administrator and Related Parties deem necessary or desirable, and each Entrant/Teacher winner irrevocably waives any and all so-called “moral rights” they may have therein. The Sponsor, Administrator and Related Parties shall retain the rights granted in each Entry/Teacher Essay even if the submission is disqualified or fails to meet the Entry requirements or even if it determined that the Entrant who made the Entry/Teacher Essay is ineligible to enter the Promotion.
Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) the Entry/Teacher Essay does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry/Teacher Essay meets the Entry requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each winner agrees to indemnify the Sponsor, Administrator and Related Parties and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by winner of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by winner while participating in the Promotion.
Nature Of Relationship/Waiver Of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor, Administrator and Related Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry (if applicable) or Teacher Essay to Sponsor for purposes of the Promotion does not place the Sponsor, Administrator and Related Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s/Teacher’s Entry/Teacher Essay. Each Entrant understands and acknowledges that the Sponsor, Administrator and Related Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Sponsor, Administrator and Related Parties or being developed by their own employees. Each Entrant/Teacher also acknowledges that many ideas may be competitive with, similar or identical to the Entry/Teacher Essay and/or each other in theme, idea, plot, format or other respects. Each Entrant/Teacher acknowledges and agrees that such Entrant/Teacher will not be entitled to any compensation as a result of any Sponsor, Administrator and Related Parties’ use of any such similar or identical material. Each Entrant/Teacher acknowledges and agrees that the Sponsor, Administrator and Related Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry/Teacher Essay. Finally, each Entrant acknowledges that, with respect to any claim by Entrant/Teacher relating to or arising out of a Sponsor, Administrator and Related Parties’ actual or alleged exploitation or use of any Entry/Teacher Essay or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant/Teacher will not be irreparable or otherwise sufficient to entitle such Entrant/Teacher to seek injunctive or other equitable relief and Entrant’s/Teacher’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
No Obligation to Use: The Sponsor, Administrator and Related Parties shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Sponsor, Administrator and Related Parties may at any time abandon the use of the Entry/Teacher Essay for any reason, with or without legal justification or excuse, and Entrants/Teachers shall not be entitled to any damages or other relief by reason thereof.
Dates & Deadlines/Anticipated Number of Contestants: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of Entrants who will participate in the Promotion.
Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry/Teacher Essay or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
Release and Limitations of Liability: All Entrants, as a condition of entry into the Promotion, Teachers, and School Administrators for School Prizes, agree to release and hold harmless Sponsor, Administrator and Related Parties, Instagram, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Promotion (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry/Teacher Essay or otherwise participating in any aspect of the Promotion, the receipt, ownership or use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Promotion or use or misuse or redemption of Prize. Acceptance of a Prize constitutes permission to use winners’ names, likenesses, Instagram usernames, Teacher Essay, Entry for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Promotion which may limit the ability to participate, or by any human error which may occur in the processing of the Entries/Teaches Essays in the Promotion. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Promotion (each a “Promotion Change”) if no Entries are received during the Promotion Entry Period or if the Promotion cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control. In such event, Sponsor may (a) cancel the Promotion entirely, (b) award the Teacher Prizes from eligible Entries received prior to the Unforeseen Event resulting in the Promotion Change if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion) and then determine the School winners from among those applicable Teacher Essays, or (c) extend the Promotion Entry Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Sweepstake Change to be effectuated by Sponsor and that such Promotion Change is not simply at Sponsor’s option for any reason.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Arbitration Provision: By participating in this Promotion, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Promotion, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Activation; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com
Social Network Release And Disclaimer: Each Entrant acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Promotion, each Entrant hereby releases and agrees to hold harmless Instagram completely from any liability in respect of the Promotion.
Winners: For a list of winners, available for ninety (90) days after February 15, 2024, send an email to: Winners@dja.com with “Stick With Art! Contest Winners” as the subject line. Winners List will be sent after all prizes have been awarded.