Walking with Dinosaurs: Reading Contest "OFFICIAL RULES"

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1 Walking with Dinosaurs: Reading Contest "OFFICIAL RULES" Ask Your Parents for Permission to Enter and to Explain These Official Rules and How to Enter 1. NO PURCHASE NECESSARY TO ENTER OR WIN. MANY WILL ENTER, FEW WILL WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. FOR THE CONTEST (DEFINED BELOW), EACH MINOR ENTRANT S PARENT OR LEGAL GUARDIAN AGREES, ON BEHALF OF THE MINOR ENTRANT TO THESE OFFICIAL RULES. THE PARENT OR LEGAL GUARDIAN OF EACH MINOR WINNER MAY BE REQUIRED TO EXECUTE A RELEASE AND PRIZE ACCEPTANCE AGREEMENT. Void where prohibited. 2. Eligibility. The Walking with Dinosaurs Reading Contest (the "Contest") is open to natural persons who are legal residents of one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations), who are registered users of the Website (defined below), between the ages of seven (7) and sixteen (16) (inclusive) as of November 1, Employees of Sylvan Learning, Inc. ("Sponsor"), Educate, Inc., Twentieth Century Fox, Inc., and each of their respective parents, subsidiaries, affiliates, directors, officers, governors, distributors, advertising and promotional agencies, their immediate family members (defined for these purposes as including spouses, parents, step parents, children, step children, siblings, step siblings, and each of their respective spouses) and/or those living in the same household of each (whether legally related or not) are not eligible to enter or win. Limit one (1) entry per person. 3. Contest Period. The Contest begins at 12:00 A.M. Eastern Time ("ET") on November 1, 2013, and ends at 12:00 A.M. ET on December 21, 2013 (the "Contest Period"). 4. How to Enter. In order to enter the Contest, entrants must have an existing, or must create a new, Book Adventure account. Signing up for a Book Adventure account is free. Entrants may create an account by visiting Book Adventure s website ( (the "Website"), clicking on the New Users Register Now! button, agreeing to the Website's Terms and Conditions and following all instructions as noted on the prize page on the website. To participate, entrants will log into their Book Adventure account, click on My Contests then click Join a Contest and enter the following information: 1

2 Contest name: Walking with Dinosaurs Contest Pin: WS416 Entrants will then answer quizzes based on books they have read. In order to count towards an entrant's total Contest points, all quizzes must be completed prior to the close of the Contest Period. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements are void. Entrants may not submit entries using computer programs, macro, programmed, robotic, script, or other forms of automatic entry, all of which are prohibited and will result in disqualification. Sponsor will not be responsible for incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to transmission failure or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. The validity of any and all entries shall be determined by Sponsor, in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. All entries become the property of Sponsor. Contest is subject to federal, state and local laws and regulations. Failure to provide true and accurate information will automatically disqualify entrants from participating in the Contest. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. 5. Selection of Winner. Entrants of the Contest will earn points based on their correct answers to multiple choice quizzes. Point values vary based on the grade level of the individual completing the quiz, as follows: Book Grade Level Questions Per Max. Possible Pts. Per Quiz Quiz Grades Grades The thirty eight (38) entrants who enter the Contest and receive the highest point totals during the Contest Period among entrants of the Contest will each be awarded one (1) Prize as defined below. The three (3) entrants with the highest point totals will be awarded the Grand Prize. The five (5) entrants with the next highest point totals will be awarded the First Prize. The five (5) entrants with the next highest point totals will be awarded the Second Prize. The twenty five (25) entrants with the next highest point total will be awarded the Third Prize. Ties will be resolved in favor of the individual who achieved a score of ninety percent (90%) or above in the most number of quizzes. If a tie still remains, the tie will be determined in favor of the individual who completed the most quizzes overall, regardless of score. The correct answers to quizzes, as well as the appropriate grade level of each book, are determined by the Sponsor, in its sole discretion. 2

3 6. Prizes. The following prizes will be awarded: Grand Prize (3 winners): Four (4) movie tickets and a set of all BBC-recommended dinosaur books First Prize (5 winners): 4 movie tickets Second Prize (5 winners): Select BBC-recommended dinosaur books Total combined ARV: $1,200 Third Prize (25 winners): Movie posters 7. Winner Notification and Acceptance. The parent or legal guardian of each potential prize winner will be notified by e mail sent to the parent at the e mail address provided at the time of registration with Book Adventure on the Website, on or about December 23, Return of prize notification (or any other Contest communication) as undeliverable after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) may result in disqualification and an alternate potential winner may be selected. The prizes will be awarded in the name of the entrant's parent or legal guardian and documents allowing the winner to claim the prize will be sent to the physical address provided by the parent or legal guardian at time of prize verification and acceptance. The parent or guardian of winners may waive their right to receive their prize. Prizes are non assignable and nontransferable. No substitutions allowed, except that prizes are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value for any reason, including, without limitation, due to prize unavailability. The parent or guardian of the winner of the Contest is solely responsible for reporting and payment of any federal, state or local taxes on prizes. The parent or guardian of winners will be required to complete an affidavit of eligibility on behalf of their minor child, and will be further required to complete a liability and publicity release (where allowed by law) on behalf of their minor child as to Sponsor, Twentieth Century Fox, Inc., and each of their respective parents, affiliates, subsidiaries, divisions, advertising and promotion agencies, and all of their respective employees, directors, officers, shareholders, agents, successors and assigns (each, a Contest Entity and collectively, the "Contest Entities"). The failure of the parent or guardian of any winner to complete, sign and return the affidavit or release or to comply with any term or condition of these Official Rules may result in a winner s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. All prize claims, affidavits and releases are subject to verification by Sponsor. Except where prohibited by law, acceptance of any prize by a parent or guardian of a winner constitutes consent to the publication of the minor s name and his/her likeness (including his/her voice), biographical information, state of residence, statements and/or photograph(s) in any media for any commercial or promotional purpose without further compensation or notice. Please allow 1 2 weeks for delivery of prizes. All prizes 3

4 legitimately claimed will be awarded. No more than the stated number of prizes will be awarded. Sponsor will not replace any lost, mutilated or stolen movie vouchers. If a winner does not accept or use an entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize. Sponsor is not responsible for the inability of any winner to accept or use any prize or portion thereof for any reason. All other costs not specifically stated herein are the responsibility of the winners. 8. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. If there is a dispute concerning who submitted an entry, and the dispute cannot be resolved to Sponsor s satisfaction, the entry will be deemed ineligible. Sponsor reserves the right to disqualify persons in violation of the Official Rules, or who are found tampering with or otherwise abusing any aspect of the Contest, as solely determined by Sponsor. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event the Contest is comprised by a virus, non authorized human intervention, tampering, or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration security, fairness or proper operation of the Contest, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date Sponsor reserves the right to award prizes based on the entries received before the termination date. The Website s database clock will be the official time keeper for this Contest. 9. Limitation on Liability. THE PARENT OR LEGAL GUARDIAN OF EACH ENTRANT FOR THE CONTEST, ON HIS/HER OWN BEHALF AND THAT OF THE ENTRANT, AND ANY AND ALL PRIZE RECIPIENTS AGREE TO, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CONTEST ENTITIES, FOR ANY CLAIMS, DAMAGES, LOSSES, ACTIONS OR DAMAGES, WHETHER ACTUAL, INCIDENTAL OR CONSQUENTIAL, ARISING OUT OF OR RELATING TO: (A) ENTRANT'S PARTICIPATION IN THIS CONTEST, OR (B) INJURIES, LOSSES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. THE PARENT OR LEGAL GUARDIAN OF EACH ENTRANT, ON HIS/HER OWN BEHALF AND THAT OF THE ENTRANT (IN THE CASE OF THE INDIVIDUAL STUDENT CONTEST) AGREE THAT THE PRIZE IS PROVIDED AS IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 4

5 Contest Entities are not responsible and/or liable for any of the following, whether or not caused by a Contest Entity, the entrant or human error: any lost, late, stolen, incomplete, illegible, mutilated, or misdirected entries or mail or postage due mail; any virus, error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. If for any reason this Contest is not capable of running as planned, or if this Contest or the Website (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries per these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right to disqualify any individual implicated in such action, and/or to cancel, modify or suspend this Contest or any portion thereof. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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. Twentieth Century Fox, Inc., and each of their parents, affiliates and subsidiaries, are not responsible for the promotion, administration or execution (including prizing) of this Contest. 10. Governing Law/Jurisdiction. The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of Maryland (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Maryland and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply. Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys fees, other than entrant s actual out pocket expenses, and entrant further waives all rights to have damages multiplied or increased. 11. Dispute Resolution. These Official Rules shall be governed by and construed in accordance with Maryland law, without regard to its conflict of laws provisions. The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Baltimore City County under the Arbitration Rules and Procedures of the American Arbitration Association ( AAA ) before a single, neutral 5

6 arbitrator who is a former or retired Maryland state or federal court judge with experience in entertainment matters who shall follow Maryland law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Baltimore City County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Licensor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Baltimore City. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Baltimore City. 12. Construction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 13. Sponsor. The Contest is sponsored by Sylvan Learning, Inc. whose decisions regarding the answers to the quizzes, the selection of the winners, and all other aspects of the Contest shall be final and binding in all respects. Sponsor shall not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. For a list of winners (available after August 6, 2012) or a copy of these Official Rules, send a self addressed stamped envelope to: Book Adventure Marketing Department Sylvan Learning 1001 Fleet Street Baltimore, MD Vermont residents may omit return postage for Official Rules requests Sylvan Learning, Inc. 6

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