GIMME [TEACHER APPRECIATION GIVEAWAY] OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OF GIMME PRODUCTS WILL NOT IMPROVE YOUR CHANCES OF WINNING. BY NOMINATING AN INDIVIDUAL AND/OR ACCEPTING A PRIZE, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES (THE “OFFICIAL RULES”) AND REPRESENT THAT YOU SATISFY ALL ELIGIBILITY REQUIREMENTS OUTLINED HEREIN.
1. Eligibility. Individuals are eligible to win the Gimme [Teacher Appreciation Giveaway] (the “Giveaway”) only if they meet each of the following criteria: (i) the individual is a legal resident of, and residing in, the fifty (50) United States and the District of Columbia (the “Eligibility Area”); (ii) the individual is 21 years of age or older; and (iii) at the time winners are chosen, the individual is currently and intends to remain employed as a licensed teacher in preschool, elementary, middle, or high schools located in the Eligibility Area. Winners of the Giveaway must comply with their employer’s rules, regulations, and policies regarding accepting prizes and/or gifts, including any applicable federal, state, or local rules, regulations and policies.
Employees, contractors, directors, officers and agents of [Legal Entity Name for Gimme] (“Gimme”), its affiliates, and subsidiaries, and members of their immediate family (spouse, parents, children, and siblings and their spouses), are not eligible to enter. By nominating an individual and/or accepting a prize, you agree to be bound by these Official Rules and the decisions of Gimme and/or the judges, which are binding and final on matters relating to this Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations.
2. Nomination Period. The Giveaway begins at 12:00:00 a.m. Mountain Standard Time (“MST”) on August [6], 2024 and ends on 11:59:59 p.m. MST on August [__], 2024 (the “Nomination Period”).
3. How to Enter. During the Nomination Period, visit [__nomination landing page__] (the “Giveaway Site”) and follow all instructions to complete and submit your nomination (the “Nomination”). Incomplete entries for required portions of the entry form will render the Nomination void. Individuals may nominate themselves or others. Individuals may only submit one Nomination per day of the Nomination Period. Any attempt by an individual to submit more than one Nomination by using multiple/different email addresses or other methods may void all Nominations by such individual. No means of entry other than through the Giveaway Site will be accepted. You may not submit identical or substantially similar Nominations more than once during the Nomination Period. No changes may be made to Nominations once they have been submitted.
4. Winner Selection and Judging. On or about August [__], 2024, [twenty (20)] Nominations will be selected at random to progress to Nomination Judging. No more than one (1) Nomination shall be counted per individual nominee. In the event a single nominee has multiple Nominations randomly drawn, only the first eligible Nomination shall be drawn, and the remaining Nominations shall be deemed ineligible.
Entries deemed ineligible for any reason shall be omitted from the random drawing. If any randomly drawn Nomination is found to be ineligible, Gimme reserve the right, in its sole discretion, to draw an additional Nomination at random or proceed to the Nomination Judging with only the remaining, eligible Nominations. The nominees identified in the [twenty (20)] randomly drawn Nominations shall not be notified of their status.
Between 9:00 a.m. MST on August [__], 2024 and 11:59 p.m. MST on August [__], 2024, a panel of judges appointed by Gimme (the “Judges”) will review the randomly selected Nominations and choose four (4) winners (the “Winners”, and each a “Winner”) based on the following criteria:
i. [The nominee’s alignment with the values of the Gimme brand;
ii. Demonstration of the nominee’s going above and beyond to support their students; and
iii. The nominee’s overall positive impact on their students, school, and/or community.]
The Judges will select the four (4) Nominations that, in the Judges’ sole and subjective discretion, best fulfills the judging criteria. The decisions of the Judges are final in all aspects of the Nomination Judging.
5. Prizes. Contingent upon compliance with these Official Rules, including the eligibility and acceptance requirements in Section 6, each of the four (4) Winners shall receive a $2,500 Target® gift card (the “Prize”). The prize shall be used solely for the purpose of purchasing appropriate school supplies for the Winner’s classroom and for no other purpose. Approximate Retail Value (“ARV”) of each prize is $2,500 and the ARV for all prizes is $10,000.
6. Winner Verification and Notification. Winners will be notified between [August ___], 2024 and [August ___], 2024 via one or more of the contact methods provided in the Nomination. Winners must respond to Gimme within forty-eight (48) hours of notification and communicate their intent to either accept the prize or withdraw from the Giveaway. Gimme reserves the right to require Winners to complete, execute and return to Gimme tax forms, affidavits, waivers, releases, and/or additional documents required in Gimme’s sole discretion.
Winning is contingent upon compliance with all terms and conditions set forth in these Official Rules. If a Winner is ineligible or is unable or unwilling to accept the prize for any reason, the Judges will select an alternate Nomination whose nominee will be the replacement Winner. The Judges shall continue to choose replacement Winners until an eligible winner accepts the prize. Endorsement, transfer, or substitution of a prize by Winner is prohibited. Failure to comply with the requirements of this Section 6 (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize.
7. Taxes. All federal, state, local, and other taxes on or in connection with any prize (including on purchases made with any prize), and all tax reporting consequences, are the sole responsibility of Winner. Winners acknowledge and agree that Gimme is obligated to and shall submit a 1099 form to Winners in connection with the prize.
8. Representations and Warranties. By submitting a Nomination and/or accepting a prize, you represent and warrant that: (i) you have the legal right and authority to agree to these Official Rules with Gimme; (ii) all information you provide in connection with the Giveaway is and will remain true, accurate, and complete; (iii) such Nomination(s) are your original, sole work; (iv) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under such Nomination(s) and to grant to Gimme the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in such Nomination(s), you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant to Gimme the rights and licenses set forth herein, and you will provide such clearances to Gimme upon request; (v) to the extent that any identifiable individual appears in such Nomination(s), you have obtained the consent, release, and/or permission of each such individual, to use such individual's name and likeness for purposes of using and otherwise exploiting such Nomination(s) as contemplated by these Official Rules; (vi) such Nomination(s), and the use and other exploitation thereof by Gimme and its designees, do not and will not infringe upon or violate any intellectual property rights or other rights of any third party; (vii) such Nominations are not confidential and do not contain any confidential information; and (viii) in creating and submitting such Nominations, you have complied and will comply with all laws, rules, and regulations, and you have not violated and will not violate any understanding or agreement by which you are bound.
9. General
a. Publicity Rights. By submitting a Nomination or accepting a Giveaway prize, you grant to Gimme a worldwide, non-exclusive, sublicenseable, transferable, assignable, royalty-free, fully paid-up, perpetual, irrevocable right and license to: (i) reproduce, distribute (through multiple tiers), adapt, modify, edit, create derivative works of, transmit, perform and display (publicly or otherwise), make available, and use (and have others exercise such rights on behalf of Gimme, through multiple tiers) such Nomination and any ideas embodied therein, in any current or future format or media on or in connection with the Giveaway Site and Gimme’s websites, and on or in advertisements and other promotional materials (whether on the Giveaway Site or Gimme’s websites or otherwise); (b) review and vote on such Nominations; and (c) use your name, likeness and biographical information, to the extent provided in the Nomination or otherwise in connection with the Giveaway, as news or information and for advertising or promotional purposes in connection with such Nomination; in each case, without compensation or other consideration to, or any obligation to report to, you or any third party. The foregoing license shall survive any termination or expiration of these Official Rules. All Nominations will be deemed to be non-confidential and may be used on a non-restricted basis. To the maximum extent permitted by law,
you agree to forever release, discharge, and waive all claims against Gimme and its principals, affiliates, and subsidiaries (collectively, the “Gimme Entities”), from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against any Gimme Entity with respect to, any Losses (as defined in Section 9(c) below) that relate in any way to the Giveaway, these Official Rules, or any Nominations, including without limitation any claim for idea misappropriation. By submitting a Nomination or accepting a prize, you intend to expressly waive and relinquish, and hereby expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California ("Section 1542") or any similar principle of law with respect to any Losses, and does so understanding and acknowledging the significance of such specific waiver of Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
b. Class Action Waiver. BY SUBMITTING A NOMINATION AND/OR ACCEPTING ANY GIVEAWAY PRIZE, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
c. Limitation of Liability and Release. By submitting a Nomination and/or accepting a prize, you agree to release and hold harmless Gimme and each of its parent companies, affiliates, subsidiaries and agencies, along with their directors, officers and employees (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway, or receipt or use of any prize (the “Losses”), including, but not limited to: (a) lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; (b) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (c) any technical, mechanical, printing, or typographical or other error; (d) unauthorized human intervention in the Giveaway; (e) any award that has been lost or stolen after being received by the recipient; (f) inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (g) injury or damage to any person or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, including any and all applicable federal, state, and local taxes; and (h) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.
Except where prohibited, by submitting a Nomination and/or accepting a prize, you agree that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (b) under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased
Some jurisdictions do not allow certain or any limitations or exclusions of liability; the foregoing limitations or exclusions may not apply to you.
d. Disputes and Mandatory Arbitration. Gimme agrees, and by submitting a Nomination and/or accepting a prize, you agree to finally settle all disputes arising out of or related to this Giveaway only through arbitration; provided, however, the Gimme shall be entitled to seek injunctive or equitable relief in the state and federal courts in Salt Lake County, Utah and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Salt Lake County, Utah. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
e. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of nominators, nominates, Winners, or Ginner in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions.
10. Winners List. To receive the list of Winners, send an email to [______] by no later than thirty (30) days after the end of the Giveaway.
11. No Third-Party Sponsorship or Endorsement. This Giveaway is hosted and sponsored solely by Gimme. The Giveaway is in no way sponsored or endorsed by Target®, Facebook, Instagram, TikTok, or any other third-party.