Herff Jones Teacher Shout Out is a community of gratitude that lets you thank a special teacher, advisor or coach. As a way to get everyone excited about participating, we're kicking off the website with a contest. We'll reward the ten educators—and their schools—whose Shout Outs receive the most votes during the official contest voting period from March 16 to April 30, 2013. You'll find the Official Rules below.
Herff Jones Teacher Shout Out Contest (Contest)
Sponsored by Herff Jones, Inc. (Sponsor)
No purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chances of winning.
This contest is intended for the United States, Canada (except Quebec) and Puerto Rico and will be governed by U.S. law. Do not enter if you are not located in the United States, Canada (Except Quebec) or Puerto Rico. Void where prohibited.
By participating in the Contest you agree to be bound by these Official Rules. This is a legally binding contract between you and Sponsor.
If under the age of majority (18 in most states), do not enter this Contest unless your parent or legal guardian is acknowledging and agreeing to these Official Rules on your behalf.
Eligibility: To submit a nomination or vote in the Contest, you must be a legal resident of one of the fifty (50) United States, the District of Columbia ("D.C."), Canada (excluding Quebec) or Puerto Rico and be 13 years of age or older. Nominees must also be legal residents of the fifty (50) United States, D.C., Canada (excluding Quebec) or Puerto Rico and be 18 years of age or older. Employees of Sponsor, its affiliates, subsidiaries, sales representatives, advertising, sales promotion and judging agencies and all other service agencies involved with the Contest, including but not limited to Mobium Integrated Branding, LLC, Laughlin Constable, and members of the immediate families (parent, child, sibling and spouse of each) or households of any such employees or independent representatives are not eligible to be nominated.
Contest Description: Nominate a teacher, coach or school advisor who made a difference in your life or the life of your child ("Nominee"). The teacher must be a K-12 teacher, coach or school advisor or college/university professor, coach or school advisor who made a difference in your life and is still actively teaching/coaching/advising.
How to nominate a teacher: Between 12:00:01 a.m. Pacific Time ("PT") on January 15, 2013 and 11:59:59 p.m. PT on March 15, 2013, access the Herff Jones Teacher Shout Out website, teachershoutout.com, (the "Website"), click on the "Send a Shout Out" link to access the Teacher Shout Out nomination form and then follow the directions to complete the online nomination form. You will be required to provide your name, street address, city, state/province, ZIP/Postal code, date of birth, telephone number and email address. You will also be required to provide the Nominee's title, first name (optional), last name, email address (optional), the name of the school where he or she works, the grade in school you had the teacher or were coached/advised by the person, and the city and state/province in which the school is located, and submit an essay describing why you are thankful for the particular teacher/coach/school advisor ("Nomination"). You may also submit a photo relating to your entry (optional). Essay must be in English, and be 500 characters or less. Photos submitted must be in .jpg, .gif or .png format (2MB maximum). You may only submit a photo that you personally took and obtained the consent of anyone in the photo. You may submit more than one Nomination, but you may only nominate a person one time. Robotic, programmed, script, macro or other automated entries (collectively "automated entries") are prohibited and will be disqualified. Sponsor is not responsible should a Nominee have changed his/her name or school where employed.
The first five-hundred (500) people who submit a valid Nomination will receive a $10 DonorsChoose.org electronic gift code ("Gift Code"). Gift Codes are subject to terms and conditions as specified by issuer. Limit one Gift Code per person or email address. Sponsor is not affiliated with, does not endorse or approve DonorsChoose.org. Sponsor is not responsible for the functioning and use of the Gift Code and is not responsible nor will replace any lost Gift Codes.
Any entry in violation of the above content restrictions may be disqualified in Sponsor's sole discretion.
Winner selections/voting: Between 12:00 p.m. noon PT on March 16, 2013 and 11:59:59 p.m. PT on April 30, 2013, all qualified Nominations will be posted on the website where eligible users will be asked to vote for their favorite Nominee. Nominees will be sorted into five school categories:
The two (2) Nominees for each of the five (5) school categories receiving the highest number of votes will be deemed the Grand Prize winners in their respective category, subject to verification. In the event that the same person is nominated more than once, all votes for that person will be added together when the votes are tallied.
Voters must be 13 years of age or older. Eligible voters will be required to provide an email address to vote. Limit one (1) vote per person/ email address per day. For purposes of this Promotion, a "day" begins at 12:00 a.m. PT (except the first day of voting which begins at 12:00:01 p.m. PT) and ends at 11:59:59 p.m. PT. Automated methods of voting are prohibited. Any attempt to vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism (including hiring third parties to vote for a Nominee), as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the suspect votes in its sole discretion. In the unlikely event of a tie, the Sponsor will determine the winner at its sole discretion.
Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, as determined by Sponsor at its sole discretion, he or she will be disqualified and forfeits any prize won. Potential winners will notified on or about May 15, 2013 by email and/or overnight delivery and must execute and return an affidavit or declaration of eligibility and liability/publicity release within seven (7) days of attempted notification. If a potential winner cannot be contacted, or does not return the completed documents within the required time period, he or she may be disqualified. If a potential winner is disqualified, the school also forfeits the school portion of the prize. No compensation will be given to disqualified individuals or schools. Winners will be announced on the Website after winners have been verified. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Nominators or Nominees. Sponsor's decisions are final and binding in all matters related to the Contest.
Prizes: Ten (10) Grand Prizes (two  per category): $2,500 USD for the Nominee and $2,500 USD for the Nominee's school. All prizes will be awarded as checks payable to the Nominee and the Nominee's school and will be paid within 60 days after winners have been verified. The total ARV of all prizes is $50,000.
General conditions: Submission of an essay and photo with a Nomination grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish and use the essay and photo in any way, in any and all media, without limitation, and without payment to the Nominator or Nominee for such use. By submitting a nomination, Nominators agree that Sponsor, Administrator and their respective affiliates, subsidiaries, advertising and promotion agencies, and all of their officers, directors, employees, representatives and agents, are indemnified, released and will be held harmless by Nominees from any and all liability, for any damages, injuries or losses of any kind, including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize or Nominee's participation in the Contest or any Contest-related activity. By accepting a prize, each winner grants (and agrees to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of Nominee's name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, without time, territory or usage restrictions, without review, notification, approval or additional compensation, unless prohibited by law. All taxes on prizes, if any, are solely the responsibility of the winners.
Limitations of liability: Neither Sponsor, Administrator nor its agencies are responsible for lost, late, misdirected, or non-delivered votes, or e-mail; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor, Administrator nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the voting process or operation of the Contest or Website, may be acting in violation of the terms of the Website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person or Nominee. Neither Sponsor, Administrator nor its agencies are responsible for injury or damage to Nominator's, Nominee's, voter's, or any other person's computer related to or resulting from participating in the Contest or downloading or copying materials from or use of Website. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and determine winners based on eligible, non-suspect votes received prior to action taken. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents.
Without limiting the foregoing, everything on the website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Binding arbitration: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Indiana law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the nominee, nominator or voter’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Do not enter this contest if you do not agree to have any claim or controversy arbitrated in accordance with these official rules.
By participating in the contest, nominators, nominees, voters, and users agree that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the promotion, or any prize awarded, will be resolved individually through binding arbitration as set forth above, without resort to any form of class action;; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will any nominators, nominees, voters, and users be permitted to obtain any award for, and nominators, nominees, voters, and users hereby knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses, and/or any rights to have damages multiplied or otherwise increased; and (4) nominators, nominees, voters, and users remedies are limited to a claim for money damages (if any) and nominators, nominees, voters, and users irrevocably waive any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every nominator, nominee, voter, and user.
Governing law and jurisdiction: This Contest governed by U.S. law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Nominees, Nominators and Sponsor in connection with Contest, shall be governed by, and construed in accordance with, the laws of the State of Indiana, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of Indiana in the City of Indianapolis.
Winners list: For a list of Winners, mail a self-addressed, stamped envelope to: Herff Jones Teacher Shout Out Contest Winners List, Attn: Contest Administrator, 6240 Oakton Street, Morton Grove, IL 60053. Requests must be received by July 1, 2013
Sponsor: Herff Jones, Inc., 4501 West 62nd Street, Indianapolis, IN 46268
Administrator: Mobium Integrated Branding, LLC, 200 S. Michigan Avenue, 17th Floor, Chicago, IL 60604
Herff Jones respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.
Notifying Herff Jones of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of Herff Jones: DMCA Notification Dept. at email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Herff Jones with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Herff Jones with a counter notification by written communication to the attention of DMCA Counter Notification Dept. at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Herff Jones collects your personal information only when you provide it. This information most frequently includes your name, e-mail address, phone number, address, and the name of your school.
There are times when Herff Jones may ask you for additional comments, or to participate in contests or surveys online. This type of data is for internal use only and is never shared outside the company.
To better serve our customers, Herff Jones may also collect website statistics including information relating to customer demographics. Herff Jones will never sell or disclose any customer information to third parties.
The information that we collect may be used in the following ways:
Herff Jones is committed to preserving the privacy for all of our website visitors, including children. Herff Jones only operates general audience websites and does not make any attempt to market our products to children. In compliance with the Children's Online Privacy Protection Act, we will not knowingly collect personal information from anyone under the age of 13.
At Herff Jones, your personal information is important to us and we have gone to great lengths to protect it from loss or misuse. In addition to an industry standard firewall, we use hardened systems in conjunction with policies and procedures to ensure your information is only accessible by authorized personnel who have a business need for the information.
If at any time you decide that you do not wish to receive promotional mailings from us, or if you wish to review or change what information Herff Jones has collected from you please email us at email@example.com