Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “My Big Green Idea Scholarship” Contest ("Contest") will begin at 12:00 AM Eastern Time (ET) on November 1, 2009 ("Contest Start Date"), and end at 11:59pm ET on March 15, 2010 ("Contest Period"). Contest is sponsored by PNY Technologies, Inc., 299 Webro Road, Parsippany, New Jersey 07054 ("Sponsor") who is solely responsible for all aspects of this Contest. The Contest is intended for viewing and participation in the United States only and shall only be construed and evaluated according to U.S. law.
Eligibility:
The Contest is open to all legal residents of the 50 United States and D.C., that are high school seniors enrolled (as of November 1, 2009) in an accredited U.S. public or private high school. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S., and (ii) a high school senior as of November 1, 2009. Employees, officers and directors of Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (“Released Parties”), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter:
Participants can enter the Contest by submitting an essay which describes “an Eco-friendly solution, product, or idea that will help to save the environment using technology; whether it is at your home, school, in your community or even a national plan” (“Theme”). The essay must include products offered by PNY (a full listing of PNY products is available on-line at www.pny.com or can be requested by contacting PNY directly at 800-769-0143). Participants will be required to provide entry registration information and submit a one thousand (1,000) word or less written essay and no more than five (5) photographs and/or five (5) minutes of video (the essay, photograph and/or video submission is collectively referred as “Green Plan”). The following registration information is required (at the time of entry submission): first name, last name, date of birth, home address, city, state, zip code, e-mail address, home telephone and alternate telephone number. The essay must be typed in the English language, and must be one thousand (1,000) words or less. The photo file size must not exceed five (5) MB, and must be in one of the following formats: .jpg, .bmp, .tif, or .pdf. Video submissions must be in one of the following file formats: .avi, .wmv, .fla or .mov; the maximum length of the video is five (5) minute. The Entrant is responsible for all costs associated with the uploading and production of the Green Plan. All Green Plan entries must be emailed to green@pny.com and must be received by 11:59pm ET on March 15, 2010. Each Green Plan and registration information must be submitted in its entirety at the time of entry, or the entry will be invalid. Each Entrant may submit one (1) Green Plan entry during the Contest Period. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering this Promotion, entrants agree that each Green Plan entry becomes the property of Sponsor and that the Sponsor may use the Green Plan (in its entirety or any part of) for any proper purpose. Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules. Sponsor’s published privacy policy does NOT apply to use by the company of any Green Plan that an Entrant submits to the Promotion or to any information submitted in connection with such Green Plan.
Each Green Plan entry and the components thereof, including the essay, photo and/or video, must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Green Plan contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Green Plan, any and all releases and consents necessary to permit the use and exhibition of the Green Plan and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Green Plan, and permission to reproduce, distribute, publicly display or otherwise use the Green Plan (collectively, the “Clearances”). By submitting a Green Plan, Entrant consents to the submission and use of the Green Plan in the Contest, and to its posting on the Internet in connection with the Contest.
Green Plan entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use (only exception allowed is PNY products); ii) Materials which contain identifiable commercial product brands (only exception allowed is PNY products); iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which constitute or contain recording of actual illegal acts; ix) Materials which contain unsafe actions, or use of fire that may result in personal injury or destruction of property; x) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; xi) Materials which are derogatory to Sponsor, or any affiliated entity or person; xii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xiii) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xiv) Materials which contain any computer virus, worm or other harmful computer programming or thing; xv) Materials that contain any musical recordings; xvi) Materials which do not comport with the Entry requirements; and xvii) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Green Plan if it believes that the necessary Clearances have not been obtained. Should the Clearance not be in an acceptable format, the Sponsor will provide the release form, which must be completed and returned prior to the Sponsor’s requested date, in order to be considered for any of the prizes offered.
By submitting a Green Plan, Entrant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Entrant’s Green Plan, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral”, and other intellectual property and proprietary rights in the Green Plan, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Green Plan in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, Entrant hereby waives and releases Sponsor, from any and all claims that Entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Green Plan without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Green Plan, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the Green Plan with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
Green Plan entries not meeting all of the following requirements will be disqualified:
* Each Green Plan must address the theme “an Eco-friendly solution, product, or idea that will help to save the environment using technology; whether it is at your home, school, in your community or even a national plan” and include PNY products.
* Each Green Plan must be 1000 words or less, typed and in English language.
* Each photo file size must not exceed 5 MB and be in one of the following file formats: .jpg, .bmp, .tif, or .pdf. Maximum: 5 photos (if photos are submitted)
* Each video submission must be in one of the following file formats: .avi, .wmv, .fla or .mov; the maximum length of the video is five (5) minute. (if videos is submitted)
* Each Green Plan must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or any act that is considered dangerous.
* Each Green Plan must not contain any (i) trademarks of any person or entity other than Sponsor; or (ii) any logos, depictions, designs, or other content in which the entrant does not hold the copyright or a license there under.
Judging: Each Green Plan will be judged based on the following criteria: Originality and the development of the plan (25%), Plan definition of an environmental issue and solution identified (20%), Plan usefulness and feasibility (20%), Technical merit of the plan (20%), Completeness of the submission (photographs, video and text for all important aspects of the plan) and text description (15%). Each Green Plan entry will be reviewed by a qualified judge or panel of judges, to be selected in Sponsor’s sole discretion, whose decisions are final and binding. The Grand Prize and two (2) First Prize winners will be selected based on the judges scoring based on the aforementioned criteria.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. Any dispute or claim arising out of the play of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of New Jersey, without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of New Jersey. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. 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. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Grand Prizes: There will be one (1) Grand Prize winner and two (2) First Prize winners. The Grand Prize Winner will receive a scholarship check in the amount of $5,000.00; the check will be paid directly to the college, university, or vocation technical school in the United States (payable no later than December 2010). In addition, the Grand Prize winner’s high school will receive three (3) computers and monitors. Each First Prize winner will receive a PNY product prize package valued at $500.00. The Total Prize Pool is $6,000.
By accepting any of the aforementioned prizes, prize winner agrees to release the Sponsor and Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Prizes are not exchangeable, transferable or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
Winner Notification: The Grand Prize and two (2) First Prize winners will be selected based on the aforementioned criteria, from among all eligible entries received. The judging will be completed by an independent judging organization, whose decisions are final and binding in all matters relating to this Contest. The prize winners will be contacted on or about April 20, 2010. All prize winners will be contacted by phone and mail. Odds of winning will depend on the total number of eligible entries received.
Prize Conditions: All Prize winners are solely responsible for all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. All prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If the Grand Prize or First Prize winner is a resident of a jurisdiction that deems him/her to be a minor, the Prize will be awarded in the name of his/her parent or legal guardian. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within five (5) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, including for advertising or purposes of trade, in perpetuity, without notice or further compensation.
Terms & Conditions: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, entrants agree to release Sponsor and its parent company, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and its and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules.
Disputes: By entering the Contest, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Contest but in no event include attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All dispute resolution shall be made by the Sponsor in their sole discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Contest, shall be determined by the Sponsor in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with the laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of New Jersey. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of New Jersey, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Contest prizes set forth above represents Sponsor’s determinations of the ARV in its sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the states ARV, the difference will not be awarded in cash.
Winners List: To request a copy of the list of winners, please send a self-addressed, stamped business size envelope, by June 20, 2010, to: ASC/“My Big Green Idea Scholarship” Contest Winners List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: PNY Technologies, Inc., 299 Webro Road, Parsippany, New Jersey 07054
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Key Dates
November 1st 2009
Submissions will begin to
be received on 11/1/09
March 15th 2010
Final submissions must be
received no later then 3/15/10
Spread the Word!
Download flyer and hang it up in your school and library.
Or email the PDF to other seniors or educators you know.
PLUG IN THE POWERTM
OF EDUCATION
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