OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. Eligibility

The Wishpool Wish Contest for the month of December (“Contest”) is open to legal residents of the 50 United States and the District of Columbia who are (a) 18 years of age or older and (b) a teacher at a registered kindergarten, primary, secondary and/or high school (public or private) located in the United States (“School”) at the time of entry. Employees, contractors, directors, and officers, and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of the sponsor, IPEVO Inc. (“IPEVO” or “Sponsor”), its subsidiaries, affiliates, suppliers, consultants, legal counsel, public relations, sales representatives, advertising and promotional, and marketing agencies, and any others engaged in the development or distribution of this Contest are not eligible to enter or win. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Contest (“Official Rules”). All federal, state, municipal, and local laws and regulations apply. Sponsor reserves the right to verify all eligibility qualifications. Void where prohibited by law.

2. Entry Period

The Contest begins at 12:00:01 a.m. pacific time (“PT”) on December 1, 2019 and ends at 11:59:59 PT on December 31, 2019 (“Entry Period”). Entries must be submitted during the Entry Period to be eligible for the Contest.

3. How to Enter

To enter, eligible individuals should visit the Wishpool Wish Contest website, available at https://www.ipevo.com/wishpool (the “Website”), select the Make a Wish tab, and then follow the directions to enter the Contest. Entrants will be required to: (a) use the entrant’s school email address to create an account, including the entrant’s name, address and School information; and (b) complete a submission into the Contest, which is a story explaining why entrant feels the entrant’s students will benefit from an IPEVO gift and how the entrant will use the gift in his/her classroom (“Submission”). Each eligible person completing the entry process, including completion of a Submission (“Entrant”), will be entered in the Contest. Completing a Submission in the appropriate section of the Website constitutes entry (“Entry” or “Entries”) into the Contest and consent to and agreement with these Official Rules.

4. Entry Conditions

Entrants may submit more than one Entry during the Entry Period but only one Entry will be considered by Sponsor. The first and last name provided by Entrants will be the identity of the Entrant and, if selected and qualified for a prize, the identity of the winner. The use of a fake name or email address will disqualify an Entrant. Use of agencies or robotic, repetitive, programmed or similar entry methods is prohibited. All Entrants agree to abide by these Official Rules and waive any right to claim ambiguity in this Contest or these Official Rules. All Entries become the property of Sponsor and will not be acknowledged or returned. All Entries must be completed, including completing the Submission, during the Entry Period to be eligible for the Contest.

5. Conditions of Submission

Any Submission that Sponsor, in its sole opinion, deems to be inappropriate for publication will not be considered, and the corresponding Entrant will be disqualified from the Contest. By entering, each Entrant represents and warrants that: (a) the Submission is the original work of the Entrant and does not violate or infringe any copyright, trademark/tradename, or other proprietary right of any person (including but not limited to rights of privacy) or entity; (b) the Submission either is the sole and exclusive property of the Entrant or Entrant owns or otherwise controls all of the rights to the Submission; and (c) the Submission has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media. By entering, each Entrant further warrants and represents that the Submission has not been previously licensed or transferred, and that Entrant unconditionally assigns and transfers to Sponsor all worldwide rights, title, interest and claim, which Entrant now has or may in the future have to their Submission or any element(s) thereof including, but not limited to, all intellectual property rights and each Entrant hereby waives all rights Entrant has or may have in their Submission or any element(s) thereof.

Completing a Submission on the Website is not an indication that Entrant has won a prize or is otherwise eligible for a prize. Completing a Submission on the Website grants Sponsor the right to use, publish, adapt, edit and/or modify such Submission in any way, in whole or in part, and to use such Submission alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Website, without limitation or compensation to the Entrant and without right of notice, review or approval of any such use of the entry. Completing a Submission further constitutes the Entrant's consent to irrevocably assign and transfer to the Sponsor any and all worldwide rights, title and interest in and to the Submission, including but not limited to all intellectual property rights.

6. Void Submissions

Submissions that are deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not in keeping with the image of the Sponsor, or in violation of these Official Rules will be void. Further, all Submissions that contain copyrighted or other proprietary materials for which the Entrant has not obtained appropriate assignment of rights, as well as any content which disparages or portrays the Sponsor in a negative light, or otherwise violates these Official Rules will be void. Furthermore, Sponsor is not responsible for lost, incomplete, stolen, damaged, garbled, corrupt, illegible, late, or unintelligible entries, or for printing or other errors appearing in these rules or other Contest materials, misprints or errors in other Contest-related information, garbled communications, failures or malfunctions of internet connections, phones, phonelines, telephone systems, technical or mechanical malfunctions, or other malfunctions, problems or errors, whether caused by equipment, programming used in this Contest, processing errors, human errors or otherwise. Sponsor reserves the right, at its sole discretion, to void any entries from Entrants whom Sponsor believes have attempted to tamper or have tampered with the administration, security, or fairness of this Contest.

7. Winner Selection

The 50 winners (Each a “Winner” and collectively “Winners”) of the Contest will be determined through a judging process. The total number of Winners selected in this Contest will be reduced if Sponsor does not receive a sufficient number of eligible Entries during the Entry Period. A panel of judges composed of IPEVO experts will review all of the Submissions and identify the Submissions worthy of being selected a Winner based upon the criteria described in these Official Rules and in the exercise of their own judgment. Sponsor will appoint judges who are appropriately qualified to review and to judge the Submissions in this Contest. The judges will review each of the completed Submissions and identify the Submissions worthy of being selected a Winner based upon the following criteria: (a) relevance of the wish content with respect to the gift of the month (30%); (b) how informative is the wish content (i.e., does the entrant clearly indicate how he/she will use the gift) (30%); (c) how inspiring is the wish content (i.e., how will the gift help/benefit student learning) (30%); and (c) priority for first time Entrants (10%). The 50 Submissions deemed worthy of being selected a Winner, as determined by the judges, will be the 50 Winners of the Contest.

8. Prizes and Approximate Retail Value (“ARV”)

The following prize (“Prize”) will be awarded to the Winners of the Contest: Each Winner will receive a/an IPEVO Bundle (1 IPEVO USB SuperCharger and 5 IPEVO Notebooks), with an ARV of $133.95. All federal, state and local taxes, and all other costs associated with acceptance or use of the Prize, are the sole responsibility of the Winners.

9. Odds of Winning

The odds of winning a Prize in the Contest depend upon the number of eligible Entries received during the Entry Period and the quality of the Entry.

10. Winner Notification and Verification

The Winners and non-winners will be contacted by a representative from the Sponsor after review by the Judges of each entrant’s Submission. The contact may occur during the Entry Period but in no event later than ten business days after the end of the Entry Period. The Winners and non-winners will be notified by email using their contact information provided at the time of entry into this Contest. Receiving a Prize is contingent upon compliance with these Official Rules, including any eligibility requirements. Sponsor may, in its sole discretion, require the Winners to sign and return a release of liability, declaration of eligibility, and, where lawful, a publicity consent agreement (“Affidavit of Eligibility and Release”), within seven days of acknowledged notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (a) the return of the notification as undeliverable; (b) potential Winner’s failure to timely execute and return an Affidavit of Eligibility and Release, if an Affidavit of Eligibility and Release is required by Sponsor; or (c) any other non-compliance with the Official Rules. In the event of Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner.

11. Prize Delivery and Conditions

The Prizes will be delivered within 30 days after Sponsor verifies each Winner’s eligibility to enter and to win this Contest. A Prize is non-assignable and nontransferrable, and may not be given, bartered, sold, or exchanged for cash. A Prize has no cash value and must be accepted by the Winner as awarded. A Prize may not be upgraded, and no substitutions by the Winner will be allowed; except Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. A Winner may waive his/her right to receive the Prize.

12. Additional Prizes

Winners are encouraged to share their story about what happened when their Wishpool wish came true. To share a story, a Winner should: (a) write a story telling other teachers how the Winner’s Prize helped the Winner and/or the Winner’s students; and (b) upload images showing the Prize in action along with the Winner and/or the Winner’s students in the classroom (collectively, “Story”). A Story is subject to the Submission requirements set forth above. By sharing a Story, the Winner grants Sponsor and its agents an unlimited, worldwide, perpetual license and right to publish and use the Story in any way, in any and all media, without limitation, and without consideration to the Winner. In addition, by sharing a Story, Winner warrants and represents that Winner has received all rights that may be necessary from any person depicted in the Story to grant Sponsor this license and that Winner can make written copies of such authorizations available to the Sponsor upon request (if the likeness of a minor is included, such written permission must include authorization from the minor’s parent or legal guardian). Sponsor reserves the right to award additional prizes to Winners who submit deserving Stories based upon application of the Judging Criteria outlined above. Sponsor is under no obligation to award such additional prizes. The decision to award or not award additional prizes is in the Sponsor’s sole and absolute discretion. If Sponsor decides to award additional prizes, Sponsor will contact the winning Winner directly by email to notify the applicable Winner of any additional prize to be awarded. Sponsor is under no obligation to announce if additional prizes will or will not be awarded in this Contest.

13. Conditions and Disclaimers

By entering the Contest, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) neither Sponsor nor any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies, nor any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Contest, or the awarding, acceptance, use, misuse, possession, loss or misdirection of the Prize; (c) Sponsor is not responsible for any inability of a Winner to accept the Prize for any reason; and (d) by entering the Contest, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Contest, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Contest. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prizes, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Contest.

In the event a question arises regarding a Winner’s identity, the Entry will be deemed made by the holder of the email account associated with the Entry. Entries are void if unreadable, inaccurate, incomplete, mutilated, irregular in any way, or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Contest, neither Sponsor nor any of its Affiliates are responsible for the actions of Entrants or other individuals in connection with the Contest, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. If, for any reason, the Contest is not capable of running as planned by reason of tampering, fraud, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Contest, and in the event of cancellation or termination, to select a Winner from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Contest is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on the Website. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.

Sponsor reserves the right, at any time and in its sole discretion, to disqualify or deem ineligible to participate in this Contest, any individual suspected of tampering with the entry process or the operation of the Contest; acting in violation of these Official Rules or Sponsor’s terms of service, privacy policy or other terms, conditions or guidelines; acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or violating these Official Rules. Any attempt by an Entrant or any other individual to deliberately damage or undermine the legitimate operation of the Contest is a violation of these Official Rules, as well as criminal and civil laws. Should Sponsor believe or become aware that such an attempt has been, is being, or will be made, Sponsor reserves the right to seek remedies and damages from any responsible Entrant(s) and other responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation, criminal prosecution.

14. Release and Indemnification

BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE (INCLUDING ANY TRAVEL OR ACTIVITY RELATED TO ACCEPTANCE OF THE PRIZE) AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

Each Entrant agrees to defend, indemnify and hold harmless the Sponsor and its Affiliates from any and all claims, liabilities, damages, expenses and costs (including legal fees) brought or asserted by or on behalf of any third party against the Sponsor or its Affiliates arising from or related to the Entrant’s Submission infringing or allegedly infringing a third party’s intellectual property rights, publicity, privacy or confidentiality rights, or defaming or otherwise causing harm to a third party.

15. Miscellaneous

  • (a) Privacy: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently available at https://www.ipevo.com/privacy-statement. By entering the Contest, each Entrant agrees that Sponsor may share Entrant’s personal information with its Affiliates for the purpose of Prize fulfillment in the event Entrant is chosen as a potential Winner. Entrants whose email address is submitted as part of this Contest agree that Sponsor may contact them by email to make Entrant aware of information pertinent to the Contest, and to distribute information regarding Sponsor’s products, special events, promotional offers, or purchase incentives. Entrants may choose to opt-out of future email notifications by clicking the link in the email and following the opt-out instructions. Opting in to specific offers does not improve an Entrant’s chances of winning.
  • (b) Publicity Release: Except where prohibited, by accepting a Prize, each Winner grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
  • (c) Applicable Law: The Contest, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of California without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the state of California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

16. Official Rules

By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and decisions of the Sponsor, which are final and binding in all matters relating to the Contest. The Contest will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

17. Sponsor

The Contest is sponsored by IPEVO Inc., 440 N. Wolfe Road, Sunnyvale, CA 94085.

18. Copy of Official Rules

Official Rules will be posted on the Website during the Entry Period.

19. Winners List

For a list of Winners, send a self-addressed, stamped envelope to: IPEVO, Inc., Attn: Wishpool Contest Winners’ List for 12/2019, 440 N. Wolfe Road, Sunnyvale, CA 94085, within 60 days after the end of the Entry Period.