2019 Texas Instruments Fall Math Love Promotion
Important: Please read these Official Promotion Rules (“Rules”) before participating in the 2019 Texas Instruments Fall Math Love Promotion (the "Promotion"). By participating in the Promotion, you agree to be bound by these Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: The 2019 Texas Instruments Promotion is a contest and a sweepstakes. You can participate in both by submitting a photo of your fall-inspired math love – (ex. décor, costumes, classroom activities, puns, etc.) on Twitter or Instagram for a chance to win a weekly prize drawing or the Grand Prize. The Grand Prize includes a TI calculator costume and the choice of a TI-84 Plus CE calculator or TI-Nspire CX II graphing calculator. Over the course of four weeks, four sweepstakes entrants, one per week, will be randomly chosen to receive a TI-84 Plus CE calculator or TI-Nspire CX II graphing calculator.
SPONSOR/ADMINISTRATOR: The Sponsor of the Promotion is Texas Instruments Incorporated, acting by and through its Education Technology division (“TI” or “Sponsor”), with a place of business at 13532 N. Central Expressway, Dallas, TX 75243, and with a website at http://education.ti.com. The Administrator of the Contest is GolinHarris, with a place of business at 13155 Noel Road, Suite 750, Dallas, TX 75240 (“Administrator,” and together with Sponsor, the “Contest Entities”).
PROMOTION PERIOD: The Promotion entry period will begin on October 14, 2019 at 9:00 am Central Time (“CT”) and will end on November 11, 2019 at 11:59 am CT (the “Promotion Period”). TI’s computer will be the official time keeping device of this Promotion. All dates are expressed month/day/year.
ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO AND WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (EXCEPT ALABAMA AND NEBRASKA RESIDENTS MUST BE AT LEAST 19 YEARS OLD AND MISSISSIPPI RESIDENTS MUST BE 21). Employees and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households (whether or not related) of Sponsor or Administrator, and their respective parents, affiliates, subsidiaries, franchisees, and participating advertising and promotion agencies are not eligible to enter or win. By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor and/or Administrator, which are binding and final on matters relating to this Promotion.
HOW TO ENTER:
To enter the Promotion, take the following steps before the end of the Promotion Period:
- First, capture an original photo of your fall-inspired math love, for example a photo that captures fall math decor(i.e. pumpkin with a pi symbol carving)or math-themed Halloween costume See photo criteria below. (A person who submits a photo is an “Entrant.”).
- Second, post the photo to Instagram or Twitter using both the #SpreadMathLove and #FallTIContest hashtags with the photo please include a brief description of how the content within the photo helps to spread math love.
- If you do not have a public Instagram or Twitter account, you can create one by downloading the free app onto your mobile device or visiting the websites for Twitter and/or Instagram and following the on-screen instructions to create a new account. Be sure that your account can be publicly viewed. By submitting an entry to the Promotion or using Instagram or Twitter, YOU AGREE TO ABIDE BY THE TERMS OF SERVICE OF THAT SOCIAL MEDIA PLATFORM.
- Each Entrant may enter up to one (1) time per day during the Promotion Period, but any one Entrant may only win one (1) prize. Any sort of automated entry (e.g. entry via the use of a bot) is strictly prohibited, and any Entrant suspected or found to be submitting automated entries of any kind will be disqualified.
Message and data rates may apply to the use of a mobile phone/device to participate in the Promotion. You (or your parent/legal guardian if you are a minor in our jurisdiction of residence) are strongly advised to check your mobile phone/device carrier’s rate plan before attempting to participate in the Promotion via use of an app. Wireless internet service may not be available in all areas.
All product trademarks and logos in the photo, other than Texas Instruments Incorporated trademarks on Texas Instruments products, must be obscured, hidden or covered.
TI hereby grants to each Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited to including them in the photos submitted in this Promotion. Such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by TI in writing at their sole discretion. Any other uses of TI’s trademarks will be a violation of TI’s intellectual property rights.
Weekly Sweepstakes Prizes:
Four weekly prize winners will be randomly selected from a pool of all valid Sweepstakes entries each week between October 14 and November 11. Odds of winning are dependent upon the total number of valid entries.
Entries will be judged as follows:
- On or about November 12, 2019, a panel of qualified judges comprised of representatives of Sponsor and Administrator, at Sponsor’s sole discretion (together, the "Judges") will evaluate and score all eligible entries received as of the end of the Promotion Period based on the following Judging Criteria (defined below).
- Judging Criteria: All entries will be judged subjectively by the Judges based on the following criteria: (1) the quality of the photo (15%), (2) incorporation of math (25%), (3) incorporation of fall (20%), (4) showcasing of TI technology (20%), and (5) creativity of caption (20%). Decisions by the Judges are final and binding and non-appealable.
- Photo Grand Prize: Choice of a TI-84 Plus CE (ARV $129) or TI-Nspire CX II (ARV $165) graphing calculator and a TI calculator costume (ARV $300). The approximate retail value (“ARV”) of the Grand Prize is USD $465.
- Weekly Sweepstakes Prize: Four randomly selected Entrants of the promotion will receive his or her choice of a TI-84 Plus CE (ARV $129) or TI-Nspire CX II graphing calculator (ARV $165).
In the event of unavailability of a stated prize, TI reserves the right to substitute items of equal or greater value. Prizes are not transferable, exchangeable, or redeemable for cash. Reporting and payment of any federal, state, provincial, local, VAT, or other taxes, fees, customs, duties, insurance, or other amounts owed in connection with any prize are the sole responsibility of the winner(s). TI will provide each winner with the appropriate tax documentation for any prize valued at $600 or more.
EACH PRIZE IS GIVEN AWAY IS “AS IS.” TI DOES NOT MAKE, AND HEREBY DISCLAIM, ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
The submitted photo must NOT, in the sole discretion of TI:
- Have been previously licensed, published, distributed or publicly used or displayed by a commercial enterprise;
- Previously won any prizes or awards in any promotion sponsored by an education technology retailer, either online or in-store;
- Contain material that, in the sole discretion of TI:
- Disparages any person, TI and/or any of TI’s affiliates’ products, competitors, or other companies;
- Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity not affiliated with this Promotion;
- Includes brand names, copyrighted work or trademarks/logos that may infringe on rights of any third party not affiliated with this Promotion;
- Is hateful, tortuous, defamatory, slanderous or libelous;
- Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any personal identification, such as personal names or e-mail addresses;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- Promotes any activities that may appear unsafe or dangerous;
- Is unlawful or in violation of any law;
- Contains any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content;
- Is unsuitable to be entered into this Promotion for any reason whatsoever; and/or
- Communicates messages or images inconsistent with the positive images and/or good will to which TI wish to associate.
By submitting a photo herein, you hereby represent and warrant that (a) you are eligible to enter the Promotion; (b) you shot/created the image submitted with your entry; (c) your entry is original to you and that you are the owner of all right, title and interest in and to your entry and have the right to grant the rights granted herein or, alternatively, you have obtained all necessary rights and permissions to use and submit your entry in connection with the Promotion and to provide all the rights specified in these Rules; (d) you have the unconditional right to submit your entry to TI pursuant to these Rules, and your entry and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including, without limitation, any copyright, trademark, patent, or any rights of publicity or privacy, or any other intellectual property or proprietary rights; (e) your entry has not previously been entered in any other Promotion or promotion sponsored by an education technology retailer, either online or in-store; or published for commercial purpose in any medium and (f) your entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
SUBMITTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF TI. TI HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING, OR REVIEWING THE CONTENT OF SUBMITTED PHOTOS.
PROMOTION WINNER NOTIFICATION/ VERIFICATION/ ACCEPTANCE:
On or about one (1) day after each weekly drawing, TI will make up to two (2) attempts within three (3) business days to contact the Weekly Prize Winners via the platform used by the Entrant to enter the Promotion. It is recommended that you confirm that your email spam filters will permit email from TI and/or periodically check your junk email for email from TI. On or about November 13, 2019 TI will announce the Grand Prize winner on Twitter, Facebook and Instagram.
Winner(s) will be required to respond to the prize notification within the time specified in the notification and may be required to: (1) provide an email address; (2) to return, within three (3) calendar days, the unaltered photo from the winning entry; (3) provide his or her full mailing address for the purpose of receiving the prize(s); (4) upon TI’s request, sign and return a release of liability, declaration of eligibility, and, where lawful, a publicity release (signed either by Entrant, or if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) granting permission to use his/her name and likeness for advertising and/or promotional and/or marketing purposes (without further compensation) (Tennessee residents need not complete and return a publicity release); and (5) take possession of the prize(s) in the manner specified by TI.
Noncompliance, failure to return any documents within the time specified, failure to respond to notification attempts or returns of any prize/prize notification as undeliverable will result in disqualification and an alternate winner will be selected using the criteria specified herein. Administrator will fulfill all prizes within 4-6 weeks of the end of the Promotion Period. All decisions of TI relating to the Promotion are final.
PUBLICITY: Each winner, by acceptance of the Prize, except where legally prohibited, grants permission for TI and their designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
LICENSE: By submitting an entry, each Entrant (or if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) acknowledges and agrees that if the entry is determined to be a winner, by acceptance of a prize in this Promotion, each winning entrant grants to TI and its licensees, sublicensees, successors, and assigns, the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license (including but not limited to, all intellectual property and proprietary rights) to use the entry in any manner and in all media now known or hereinafter developed (the “License”). The rights granted pursuant to the License shall also include, without limitation, the right to alter or edit the entry, and to make derivative works based on the entry. Entrant (or if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees to sign any documents required by TI upon request to confirm such License.
IDENTITY OF ENTRANT: In the event of a dispute about the identity of an entrant, entries will be declared/made by the Authorized Account Holder of the email address entered on the Entrant’s entry, and if a prize is won, it will be awarded to the email account owner. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses.
GENERAL CONDITIONS: The decisions of TI are final and binding on all matters relating to this Promotion without appeal. Except as determined by TI in its sole discretion, no substitution of a prize shall be offered and no transfer of the right to receive a prize to a third party is permitted, except by TI, who reserves the right to award a prize, or portion thereof, of equal or greater value. In no event will more than the stated number of prizes be awarded. Actual value of prize will depend on current market conditions at the time of fulfillment, and any difference between the stated MSRP and the actual value of the prize, if any, will not be awarded, except at TI’s sole discretion. Prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on merchandise prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. All prize details are in TI’s sole discretion.
GENERAL LIABILITY: Entrants agree that TI (a) shall not be responsible or liable for, and you hereby release TI from, any claims, losses, damages or injuries of any kind (including death, to persons, property) resulting, in whole or in part, directly or indirectly, from participation in the Promotion or any Promotion related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize; and (b) to the maximum extent permitted by law, have not made any warranty, condition, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. TI shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (a) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (b) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of TI, or (c) by any other cause, condition or event whatsoever beyond the control of TI. Failure of TI to enforce any provision herein shall not be deemed a waiver of such. TI reserves the right to modify these Rules for clarification and/or administration purposes without materially affecting the terms and conditions of the Promotion.
TI assumes no responsibility for computer system, phone line, hardware, software, third party sites, or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network, server, cable, satellite, Internet Service Provider (ISP) or other connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, notification and announcement of the prizewinners, or in any other Promotion related materials. TI reserves the right in its sole discretion to cancel, suspend, modify or amend this Promotion, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes corrupt the administration, security, fairness, integrity or proper play of the Promotion. TI is not responsible for incorrect or inaccurate registration information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, by any technical or human errors which may occur in the processing of the entries in the Promotion, or for any technical or human errors which may occur during the administration of the Promotion. TI reserves the right at its sole discretion to disqualify any individual it suspects to be tampering with the entry process or the operation of the Promotion or entry process, or to be acting in a unsportsmanlike, disruptive, or illegal manner or in violation of these Rules and void all associated entries. TI is not responsible for entries that are garbled, late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Rules, and all such entries will be void. In the event that production, technical, seeding, programming or any other factors/reasons cause more than the stated number of prizes as set forth in these Rules to be available and/or claimed, TI reserves the right to award the prizes as stated herein via additional random drawings from among all eligible, legitimate, entries, at their sole discretion.
If any part of these Rules is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Rules shall continue in effect.
TI RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL IT SUSPECTS IS USING ANY AUTOMATED ENTRY (E.G. ANY USE OF A BOT) AND ANY INDIVIDUAL SUSPECTED OR FOUND TO BE: (1) SUBMITTING AUTOMATED ENTRIES OF ANY KIND; (2) USING SOFTWARE THAT AUTOMATICALLY COMPLETES AN ENTRY; OR (3) ENGAGING IN ANY FORM OF CHEATING OR HACKING.
ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TI RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TI SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER TI WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
TERMINATION: TI reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion at any time for any reason, including but not limited to any reason that affects the administration, security, fairness, integrity, or proper conduct of the Promotion. Such reasons include but are not limited to fraud, tampering, unauthorized access, infections by computer virus, bugs, technical failures, or any other causes beyond the control of TI.
GOVERNING LAW AND JURISDICTION: The Promotion and these rules and conditions shall be governed by the laws of the State of Texas, and any dispute arising out of this Promotion shall be brought in, and each entrant hereby consents to exclusive jurisdiction and venue in, the Federal District Courts sitting in Dallas County, Texas. By entering this Promotion, all entrants agree that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action or other proceeding.
WINNERS’ NAMES: The winners’ first name, last initial, city and state may be posted on the TI Education Technology social media pages, after the Promotion termination and verification of the Entrant.
WINNERS LIST: To obtain a copy of these Rules or the name of the Prize winners, available after November 12, 2019, send a stamped, self-addressed envelope to:
Texas Instruments Incorporated
Educational Technology Division
c/o 2019 Fall Spread Math Love Promotion
13532 N. Central Expressway, MS3821
Dallas, TX 75243
Requests must be received by December 31, 2019