BIG FISH GAMES
“BACK TO SCHOOL” CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
By entering, you acknowledge that you have read and understood these official rules (“Oﬃcial Rules”) and agree to be bound by them.
1. Eligibility. The Big Fish Games “Back to School” contest (the “Contest”) is open only to permanent, legal residents of the ﬁfty (50) United States and the District of Columbia (collectively, the "U.S.") who are at least 18 years of age at time of entry and are educators in the U.S., for example, teachers employed at K-12 schools, online educators, instructors at community centers or institutions of higher education (“Educator”).
Employees of Big Fish Games, Inc. (“Sponsor”) and its respective parent company, subsidiaries, aﬃliates, advertising and promotion agencies (collectively, the "Contest Entities"), and their immediate family members (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and/or those living in the same households of any of the foregoing individuals, whether or not related, are not eligible to enter or win.
The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Sponsor's decisions are ﬁnal and binding on all matters.
2. Entry Period. The Contest begins at 3:00:00 PM Eastern Time ("ET") on June 7, 2021, and ends at 11:59:59 PM ET on June 13, 2021 (the "Contest Entry Period"). Sponsor's computer is the oﬃcial
time-keeping device for the Contest.
3. How to Enter. During the Contest Entry Period, you can enter the Contest by uploading to Big Fish’s Facebook page at https://www.facebook.com/GummyDrop: (i) an original statement explaining who you are and telling us about your favorite moment as an Educator teaching remotely through distance learning (the “Essay”) and (ii) a photograph of you (the “Photo”). The Essay and Photo are collectively an “Entry”.
Each Entry must be entered into the comments section under the official contest post, wherein entries are requested by the Gummy Drop! account. Posts to the Gummy Drop! main page or any other page are not valid Entries and will be removed from the page.
One Entry per person. Multiple uploads of the same Entry will not increase entrant’s chances of winning.
Your posting of an Entry indicates that you have read and agree to the Official Rules and acknowledge that entry via Facebook will result in the submission of your Entry. By submitting your Entry, you agree that your Entry conforms to the Entry requirements identified below (collectively, the “Entry Requirements”) and that Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if it believes, in its sole discretion, that your Entry fails to conform to this section.
The Essay must:
- Be two paragraphs or shorter in length;
- Explain who you are and tell us about your favorite moment as an Educator teaching remotely through distance learning; and
- Be written in the English language.
The Photo must:
- Be an accurate representation of you; and
- Show your face. Partial facial obstruction from face or head coverings including but not limited to medical masks, eye glasses, and/or head scarves is permitted and will be included in the Avatar.
- Minor adjustments (e.g., cropping, sharpening and slight color corrections) may be made, but significant alterations, whether done digitally or mechanically, will result in disqualification.
The Essay and Photo must not have been previously submitted in a promotion or contest of any kind, nor previously published as a result of paid publication.
The Essay and Photo must not contain:
- Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights or that constitutes copyright infringement;
- Any name or image of any person other than the Entrant. Entrant is the sole person who can grant permission to use the Essay and Photo;
- Brand names or trademarks, except for Sponsor's trademark for which entrant has a limited license to use for the sole purposes of creating and uploading an Entry into this Contest;
- Images or artwork not created by Entrant;
- Material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; nor
- Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Essay or Photo is created.
Entries that do not comply with this section may result in immediate disqualification from the Contest, forfeiture of the Prize, removal from the Facebook page, and subject Entrant to liability for any damage caused to Sponsor.
4. General Restrictions. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which are disqualified. Use of any automated program to enter will result in disqualification.
If it is discovered that you have entered or attempted to enter the Contest in violation of these Oﬃcial Rules, all of your Entries will be declared null and void, and any Prize you might have been entitled to (if any) may be forfeited, in the Sponsor's sole discretion.
Any automated computer receipt (such as one conﬁrming delivery of entry) does not constitute proof of actual receipt by Sponsor for purposes of these Oﬃcial Rules.
Entrant represents and warrants that:
- The name provided for Entrant is Entrant’s legal name;
- The Essay is Entrant’s own original and honest account written solely by Entrant;
- The Photo is of Entrant, current and not another person; and
- The Entry was created for this Contest, is original, accurate, and not misleading in any way, has not been previously published, entered in or won any other contest or award, does not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or constitute copyright infringement, and does not include material that is inappropriate, indecent, obscene, hateful, or tortious.
By submitting an Entry, you authorize the Sponsor to communicate with you via Facebook direct message or email about the Contest. Except as otherwise provided in these Oﬃcial Rules, Sponsor will not correspond with an Entrant regarding an Entry.
By submitting an Entry, you hereby warrant and represent to the Contest Entities that your Entry conforms with the Entry requirements set forth herein. By participating in the Contest, you agree to indemnify and hold the Contest Entities harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suﬀered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the Entrants in this Contest, or any breach by the entrants of the foregoing warranties.
5. Judging. After the conclusion of the Contest Entry Period, a panel of judges, consisting of personnel representing the Sponsor, will evaluate and score each eligible Entry based on the following criteria ("Criteria"): (i) the Essay content as deemed desirable and appropriate for the contest narrative theme and sentiment (75%); and (ii) quality of writing (25%).
There will be one (1) round of judging. Subject to veriﬁcation of eligibility and compliance with these Oﬃcial Rules, the Entry with the highest score will be deemed the potential winner ("Potential Winner").
The Sponsor reserves the right to not award a prize if, in its sole and absolute discretion, it does not receive a suﬃcient number of eligible and qualiﬁed Entries. In the event of a tie, the Entry from among the tied Entries with the highest score in the ﬁrst Criteria, continuing thereafter to each Criteria in the order listed above, as needed, to break the tie will be declared the Entry that wins the tie.
6. Notiﬁcation and Verification of Potential Winner. Winner will be selected on or before June 25, 2021. Notification will be done via direct messaging to the Facebook account responsible for posting the winning Entry. To verify the Potential Winner, Sponsor will send a direct message. After two (2) attempts in 48 hours, any failure to reach the Potential Winner by direct messaging may result in disqualification of the Potential Winner, forfeiture of the Potential Winner in all prizes, and selection of an alternate Winner from among all remaining eligible entries.
Receiving a Prize is contingent upon compliance with these Official Rules. Potential Winner must complete and return an Aﬃdavit of Eligibility, a Publicity Release (where permissible), and License Agreement ("Aﬃdavit/Release") within seven (7) calendar days of receipt of notiﬁcation or as speciﬁed on the notice. If an Aﬃdavit/Release and/or if any required document(s) is not returned within such time period, or if the Potential Winner is not in compliance with these Oﬃcial Rules, the Prize (defined below) will be forfeited and an alternate winner may be determined in Sponsor's sole discretion. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Entrants.
The License Agreement addresses certain legal issues related to the Contest, Entry, and Prize, including consent to use of the Entrant’s name and likeness, representations regarding the Entrance Materials, intellectual property licenses, and indemnity for and releases from legal claims. The Prize will be subject to the License Agreement, the terms of which shall govern in case of any conflict with the prize description.
7. Prize. The “Prize” consists of: an in-game animated avatar of the Entrant based on the Entry created by Sponsor (the “Avatar”). The Avatar will be featured in the mobile app Gummy Drop! "Back to School" event, which is a themed, in-game, limited-time event (the “Event”). Additionally, the Essay and Entrant’s first name and initial of last name may be included in the Event. Design and use of the Avatar are within Sponsor’s sole discretion. Sponsor may use the Avatar for other in-game purposes and in marketing materials related to Gummy Drop! before, during, or after the Event. Complete terms will be included in the License Agreement. The Prize has no cash value equivalent.
Winner will be responsible for all applicable federal, state, local, and income taxes and other costs and expenses associated with winning a prize, including but not limited to internet service, computers, and personal devices.
Among other conditions detailed in these Oﬃcial Rules, the granting of any Prize will be subject to all applicable laws, rules and regulations. If Sponsor believes that the potential award of any Prize may violate any law, rule, or regulation, the Sponsor reserves the right in its sole discretion to award the Prize to an alternate winner selected using the remaining applicable eligible Entries via the means of winner determination described above, pending veriﬁcation of eligibility.
Prize is non-transferable and not redeemable for cash. No substitutions are permitted except Sponsor reserves the right to substitute a Prize or portion of any Prize with one of equal or greater value in case of unavailability. Sponsor does not make, nor is in any manner responsible for any warranties, representations, expressed or implied, in fact or in law, relative the quality, conditions, ﬁtness or merchantability of any aspect of any prize.
8. Publicity. Acceptance of a prize also constitutes permission to the Sponsor to use winner's name, likeness, statements related to the Contest, and biographical information without further compensation, notification to or permission from winner in any publicity or advertising carried out by Sponsor in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
9. Compliance. By entering, Entrants (i) acknowledge and represent that they are in full compliance with these Official Rules including all eligibility requirements, and, (ii) agree to be bound by these Official Rules and the decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all respects. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
10. General Conditions. Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part, if fraud, technical failures, human error or any other factor impairs the integrity of the Contest 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 Contest, or to be acting in violation of the Oﬃcial Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is 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.
11. Limitation of Liability. As a condition of entering, entrants agree to: (i) release and hold harmless the Contest Entities, Facebook, and each of their officers, directors, employees and agents, from and against any claim or cause of action, including but not limited to, any liability, loss, personal injury, death, or damage incurred with respect to participating in the Contest, the redemption of prizes, or the awarding, receipt, possession, and/or use or misuse of any prize; (ii) that under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (iii) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees and court costs. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Contest Entities will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; any typographical, technological, or other error in the publishing of the offer, administration of the Contest, or announcement of the prize(s); or injury or damage to any Entrant’s or any other computer or mobile device resulting from accessing or downloading any materials in connection with this Contest.
If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest in a manner deemed appropriate by the Sponsor. In the event of cancellation, winners will be selected from among all eligible Entries received as of date of cancellation. In the event a dispute arises as to the identity of a potentially winning Entrant, entries will be declared made by the authorized account holder of the email address submitted with the Facebook account. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the operation of this Contest or web site; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar methods while participating in this Contest will void all such attempts to participate in this Contest. Only the prize stated herein will be awarded.
12. Choice of Law and Forum. Entrant agrees that all matters arising out of or relating to this Contest or any Prize awarded, and the construction, validity and interpretation and enforceability of these Official Rules are exclusively governed by, and construed in accordance with, the laws of the State of Washington, United States, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Contest and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Seattle, Washington.
13. Enforceability. This Contest is subject to all applicable federal, state, and municipal laws. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
14. Winner’s List. To view the contest winners, please visit the Big Fish Games Facebook page after the Contest has completed. The winners list will be posted after winner confirmation is complete.
16. Facebook: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants and their entries must comply with Facebook’s terms of service. All entries that do not comply with the platform terms and guidelines will be disqualified. Facebook Terms and Policies. Each Entrant hereby completely releases Facebook and its owners and operators from all liability. Any questions, comments or complaints about this Contest should be directed to Sponsor and not Facebook.
17. Sponsor. Big Fish Games, Inc., 906 Alaskan Way, Suite 700, Seattle, WA 98104.