Official Challenge Contest Rules – Fall 2016
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CHILDREN WHO ARE IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD AS A PERSON WHO HAS PREVIOUSLY WON A GRAND PRIZE IN ONE OF OUR CHILDREN’S CONTESTS (as defined in this document) ARE INELIGIBLE TO CLAIM THE GRAND PRIZE OF ANY CONTESTS HOSTED BY SPONSOR.
THE FOLLOWING ONLINE PROMOTION SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
The “Brain Chase Online Learning Challenge” is an online learning program designed to provide a comprehensive solution to academic enrichment outside of the classroom. It combines weekly grade-appropriate reading, writing, math, and other academic lessons with an online search for a Treasure buried somewhere in the world. Eligible Entrants (see Eligibility requirements below) compete for a Grand Prize by completing the weekly lessons and bonus challenges (the “Online Learning Challenge”) in order to unlock animated episodes of a web series containing clues. The clues are the key to correctly identifying the location of the real buried Treasure.
1. Eligibility to Enter: The Brain Chase Online Learning Challenge Contests (the “Contests”) are open to children who are (1) legal U.S. residents of the forty-nine (49) United States and the District of Columbia (excluding U.S. territories and Maryland), or residents of Mexico, the United Kingdom, Ireland, or Canada (excluding Quebec); (2) are pre-college students between the ages of six (6) and sixteen (16) years old as of the start of the selected semester; and (3) who have completed any grade from 1st through 8th grade as of the start of the selected semester (“Eligible Children”).
Children who reside in the state of Maryland, or any of the U.S. territories, are NOT eligible to enter the Contest. Children of employees of Brain Chase Productions, LLC, and their parent and affiliate companies as well as children of the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. CONTEST VOID WHERE PROHIBITED BY LAW.
Participation constitutes each Eligible Child’s and parent’s or guardian’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
IF YOU ARE AN IMMEDIATE FAMILY MEMBER OR A MEMBER OF THE SAME HOUSEHOLD AS A PERSON WHO HAS PREVIOUSLY WON A GRAND PRIZE (as defined in this document), YOU ARE INELIGIBLE TO CLAIM THE GRAND PRIZE OF ANY CONTESTS HOSTED BY SPONSOR. You may participate in the contests, but you cannot win the Grand Prize.
2. Entry Fee: Entry in the Brain Chase Online Learning Challenge Contests costs $89 USD and increases in price if you select a more-inclusive package or additional electives. Early pricing or group bulk pricing may apply. The Sponsor reserves the right to provide discounted or waived entry fees to some children through agreements with charities. The Entry Form can be found at www.brainchase.com, where the Entry Fee may be paid securely online.
- In submitting an entry into a Contest, each Entrant and their Parent or Guardian agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules.
- All Entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.” All Entries become the property of Sponsor and will not be acknowledged or returned.
- In submitting an entry into a Contest each Entrant may elect to participate as part of a Brain Chase Club (“Club”) by indicating this in a text field during the registration process. A Club must have at least five (5) but no more than 50 Eligible Entrants in order to qualify as a Club. Clubs must adhere to the same Contest Rules as individuals unless otherwise indicated.
4. Timing: The Fall 2016 Challenge begins at 3 p.m. Eastern Time on October 10, 2016 and ends at 11:59pm Eastern Time on November 21, 2016, or when the Treasure is located, whichever comes later. A potential winner from the Eligible Entrants will be announced no earlier than 11/23/2016. The Contest will end at 11:59pm ET on 11/30/2016.
5. Sponsor: The Sponsor of this contest is Brain Chase Productions, LLC., 2200 Alexander Ave., Austin, TX 78722.
6. How to Play. In order to participate in the Contest, during the Contest Period, Eligible Entrants must complete several weeks’ worth of academic challenges, covering subjects such as reading, writing, and math, as further described in our Challenge Terms, User Covenant, and FAQs. If participating as a Club, each member will be required to complete his/her own academic challenges.
- On the Contests’ official start dates and thereafter as each weekly challenge is completed, the entrants will unlock online episodes of an original animated web series. The animations contain several hidden clues, riddles, images, and puzzles that will help the entrants determine where the Treasure is buried.
- Entrants will need to find and decipher the hidden clues, riddles, images and puzzles from the animated web series, then submit their answers based on those clues by clicking on the global map on our website.
- Entrants will be allowed only one submission pinpointing a location on our online globe every 24 hours beginning on the first day of the contest. If participating as a Club, only one submission will be allowed every 24 hours per Club. No backdated submissions will be permitted.
7. Grand Prize Winner Selection/Notification: One (1) grand prize winner, either an individual or a Club (the “Grand Prize Winner”) will be chosen during the last week of each Contest by Sponsor from the locations pinpointed on the online map at our website by Eligible Entrants during the Contest Period. Each member of a potentially winning Club must comply with the Contest Rules in order for the Club to qualify as a Grand Prize Winner. The potential Grand Prize Winner will be the Entrant who first submits an online location on the global map provided by Sponsor that is within a two-mile radius of the actual location of the buried Treasure, as determined by an independent judge using mapping software. Locations submitted by Entrants are time stamped. In the event that multiple entrants submit locations that are within a two-mile radius of the Treasure at the same time, the Eligible Entrant or Club that is closest to the actual location of the Treasure will be the potential Grand Prize Winner. The Entrant must also have completed the entire academic portion of the learning challenge to be selected as a potential Grand Prize Winner. If the winning submission came from a Club, each member of the Club must have completed the entire academic portion of the learning challenge to be selected as the potential Grand Prize Winner. In the event that no entrant pinpoints a location within two miles of the buried Treasure by the end of the Contest Period, the Entrant who first submitted a location closest to the Treasure will be named as the potential Grand Prize Winner.
8. Duties of the Winner: The potential Grand Prize Winner will be notified by mail, email, phone, or in person, and must prove eligibility, including, without limitation, proof of age, school grade and residence within ten (10) days of being notified as the potential Grand Prize Winner. A potential Grand Prize Winner must also sign the following documents (his/her parent/legal guardian must sign if Grand Prize Winner is not the age of majority in the jurisdiction in which he/she resides) within ten (10) days of receipt from Sponsor: (a) an affidavit of eligibility and release of Sponsor and its subsidiaries, affiliates, agents, suppliers, distributors and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of the Grand Prize (as hereinafter defined) or any portion thereof; and (b) except where prohibited by law, a promotional release granting Sponsor the right to use Winner’s name and likeness for advertising and publicity purposes, including personal appearances on radio and television shows, without additional compensation and (c) any other documentation required by Sponsor, including a W2 form and Grand Prize Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Contest constitutes agreement to sign such Releases. The potential Grand Prize Winner (or each individual member of a potential Grand Prize winning Club) also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Grand Prize and that Grand Prize Winner (his/her parent/legal guardian must sign if Grand Prize Winner is not the age of majority in the jurisdiction in which he/she resides) will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Grand Prize. The potential Grand Prize Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Contest or the Grand Prize and return them as instructed within the time frame specified by Sponsor. Failure to complete and return all such releases and documents and comply with Sponsor’s deadlines or other noncompliance with these Official Rules, declining to travel to where the Treasure is buried or the rejection or return of any prize or prize notification may result in disqualification and selection of an alternate winner, in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor will award the Grand Prize to an alternate winner by choosing the Eligible Entrant who provided the next earliest closest location to the Treasure from among all remaining pinpointed locations provided by Eligible Entrants. This process will be repeated until a potential Grand Prize Winner timely complies with all terms and conditions of these Official Rules as determined solely by Sponsor. All decisions of the Sponsor relating to the Contest are final. Sponsor expressly reserves the right to delay the announcement of the Grand Prize Winner for creative or technical reasons or for any other reason Sponsor deems necessary.
9. Prize: The Grand Prize is a trip (the “Trip”) to retrieve the Treasure, a trophy that has been buried underground. In addition, if the winner is an individual, the winner (“Winner”) will receive a $10,000 USD scholarship, to be deposited in 529 College Savings Plan account. If a club or team (collectively referred to as “Club”) becomes the Winner, one representative from the club or team and their chaperone will be flown to the treasure’s location to retrieve it. The winning Club will also receive a $10,000 cash prize to divide amongst the Club’s members however the Club deems fair and reasonable. Winner, or at least one member of winning Club or team, must participate in the Trip in order to claim the prize. The approximate retail value of the Grand Prize is $25,000.00 USD (trophy + travel expenses + $10,000 USD scholarship). Any difference between actual retail value of the Grand Prize and the approximate retail value will not be awarded. No prize transfer, assignment or substitution by Winner permitted. In the event of unavailability, Sponsor reserves the right to substitute a prize for one of equal or greater value, determined in Sponsor’s sole discretion.
Odds of winning the Grand Prize depend on the number of Eligible Entrants who complete all weeks of the Learning Program as well as their skill and diligence in unraveling the clues in the Contest webisodes that reveal the location of the buried Treasure. Many will enter, but only one individual (or Club) will win.
Sponsor will coordinate with Winner’s parent or guardian and will make make all travel arrangements necessary for Winner (or Winner’s representative, if the winner is a Club) and one Parent or guardian to travel to the treasure’s location to dig it up. Such arrangements include, but are not limited to Transportation, accommodations, meals, tips, local, state, federal and foreign taxes, insurance (including travel insurance) and all other expenses associated with traveling to obtain the treasure. Parent(s) or guardian(s) of the Winner or members of the winning Club must travel together on the same itinerary. Certain restrictions may apply. The Winner and his/her travel companion will be responsible for all necessary travel authorizations, including obtaining passports and visas, if necessary, and travel insurance. Travel arrangements to the buried By accepting the Grand Prize, Winner and his/her parents or legal guardians represent that they understand that travel, whether in developed or remote areas and whether by plane, automobile, boat, raft, or other conveyance, or by foot, on land or water, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, wild animals or other agencies, known or unknown. Winner and his/her parents or legal guardians represent that they recognize that such risks may be present at any time before, during and after the trip. In order to be considered a Winner and partake of the enjoyment of this Trip, potential Winners and their parents or legal guardians must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor’s request. The Winner and his/her parents or legal guardians are responsible for obtaining all necessary vaccinations, if any, prior to the Trip.
Once the Treasure is collected, Sponsor will deliver the $10,000 USD scholarship to the Winner, which will be deposited by Sponsor into a college savings account for the benefit of the Winner.
10. Release: By receipt of any prize, Winner and his parents or guardians agree to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, agents, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. Publicity: Except where prohibited, participation in the Contests constitutes Winner’s (and parents’ or guardians’) consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Entrants agree that we may show up at a potential Winner’s home to announce the prize, and we may film this. The potential Winner and his/her parent or guardian must also agree to travel to the treasure location and be filmed digging up the treasure. The potential Winner must also agree to participate in reasonable promotional media appearances to be identified in the future.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contests, or any part of them, if any fraud, technical failures or any other factor (including an event of force majeure, as defined below) beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contests or the awarding of the Grand Prizes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contests or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contests may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the Sponsor and which by the exercise of reasonable diligence the Sponsor was unable to prevent provided that event or circumstance is limited to the following:
(a) riot, war, invasion, act of foreign enemies, hostilities (whether war is declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
(c) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds;
(d) earthquakes, flood, fire, hurricane or other physical natural disaster or severe weather event, and
(e) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labour not employed by Sponsor, and which affect an essential portion of the Contests or the Grand Prize.
13. Disclaimer of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contests; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contests; (4) technical or human error which may occur in the administration of the Contests or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail and email; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contests or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that the Entry Period has not ended. If the Contest is canceled, suspended or modified, Sponsor, in its sole discretion, may elect to select a potential winner from the locations pinpointed by all Eligible Entrants received up to the date of discontinuance for any or all of the prizes offered herein, or to award none of the prizes. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes to the Eligible Entrant who first chose a location on the map closest to the location of the buried Prize among all legitimate, un-awarded, eligible prize claims.
14. Disputes: Entrant and his/her parents or guardians agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved in accordance with the Dispute Resolution provision of the Terms of Service, available here.
16. Winner List/Official Rules: For a Winner List or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “The Brain Chase Online Learning Challenge”, 2200 Alexander Ave., Austin, TX 78722. Please indicate which document(s) you would like to be sent. Winner List requests must be received within three after months of the Contest’s end date. VT residents may exclude return postage for Official Rules.
17. Mailing List Name Removal Notification System: If you would like your name removed from Sponsor’s mailing list, email firstname.lastname@example.org.