SC Johnson Professional® “Happy Hands” Contest for K-12 Schools
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT ENHANCE YOUR ABILITY TO PARTICIPATE OR WIN. THIS IS NOT A GAME OF CHANCE.
THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
WHO IS THE SPONSOR? SC Johnson Professional USA, Inc., 2815 Coliseum Centre Dr., #600, Charlotte, NC 28217 (“Sponsor”)
WHAT IS THE CONTEST? Sponsor makes wall-mounted soap dispensing systems that can be decorated with custom logos, colors, or artwork. To promote this unique capability, Sponsor is asking for schools (“you”) to share their students’ best dispenser designs, in exchange for an opportunity to win prizes for the student and the school (the “Contest”).
WHO CAN ENTER? You may submit entries on behalf of your students attending K-12 schools in the 50 United States or the District of Columbia. The Contest is void where prohibited. Limit one entry per individual student at your school.
Employees, officers and directors of Sponsor, its promotional partners (including, without limitation, promotion administrators, digital agencies and independent judging agencies), or their respective parents, subsidiaries, and affiliated companies, advertising, promotion or production agencies, or web masters/suppliers, and their IRS dependents, immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) and individuals residing in their same household, whether or not related, are not eligible to participate.
WHEN CAN I ENTER? You can submit designs for entry in the Contest starting on September 1, 2020 at 12:00 a.m. Eastern Time (“ET”) and continuing through November 30, 2020 at 11:59 p.m. ET (“Submission Period”). Only entries received by Sponsor during the Submission Period will be eligible for consideration in the Contest. Any entries postmarked with a date during the Submission Period will be accepted.
HOW DO I ENTER? To obtain a blank design sheet, you must visit Sponsor’s website at https://happyhands.scjp.com (the “Website”). To submit a student’s design, you must go to the Website and complete the submission form. You will then be prompted to mail to Sponsor the original version of the design to the address provided on the Website. Entries will not be returned. All entries must be approved by the parent or authorized representative of the student (“Parental Guardian”; together with the student, “Entrant”). Illegible or incomplete entries are void and will not be reviewed. Sponsor is not responsible for lost, late, or misdirected entries or entries not received or not processed regardless of cause. Odds of winning depend on number of entries received. Sponsor suggests that Entrant keep a copy of their entry.
HOW ARE ENTRIES JUDGED?
Selection of Finalists: At the end of the Submission Period, a committee of judges consisting of employees/representatives of Sponsor (the “Panel”) will evaluate all qualifying entries using the following criteria: (a) visual appeal; (b) overall design; (c) creativity; and (d) unique design elements (the “Judging Criteria”). By February 2, 2021 at 9:00 a.m. ET, the Panel will select up to five (5) designs as finalists (the “Finalists”) based upon the Judging Criteria in the categories of grades K-5 and 6-12. All decisions of the Panel are final.
Public Vote. Between February 2, 2021 at 9:00 a.m. ET and February 28, 2021 at 11:59 p.m. ET (the “Voting Period”), visitors to the Website will be prompted to vote for their favorite design from among the Finalists. During the Voting Period, visitors may vote as often as they like. The use of software or other automated processes to submit multiple votes is prohibited and votes submitted by such means will be disqualified and disregarded. All results are unofficial until verified by Sponsor. In the event of a tie, the Panel will pick the winner using the Judging Criteria from the entries that received the highest number of votes.
Selection of Potential Winner. On or about April 1, 2021 at 12:00 p.m. ET, Sponsor will announce the schools with the leading vote-getter in each of the two categories (each, a “Grand Prize Winner”). All decisions of Sponsor in declaring the potential Grand Prize Winner are final.
Sponsor reserves the right to modify these Official Rules, including any of above dates (including but not limited to the Submission Period, the judging period, the Voting Period, and the date of selection of the potential winners), if Sponsor (in its sole discretion) deems such modification necessary to ensure fairness and/or preserve the spirit or goals of the Contest.
WHAT ARE THE PRIZES? Subject to a Grand Prize Winner’s and Entrant’s compliance with the obligations hereunder, each Grand Prize Winner will receive a $1,000 donation to their school, and each Entrant who submitted a winning design will receive a $300 gift card. The gift card is subject to certain terms and conditions as specified by the issuer. Additionally, Sponsor will deliver to each Grand Prize Winner up to 1,000 1 Liter Manual SC Johnson Professional® soap/sanitizer dispensers custom-printed to display the winning design. Approximate Retail Value (“ARV”) is $5,000. Any taxes associated with the acceptance and/or use of the prize is the sole responsibility of the Grand Prize Winner, the teacher, or Entrant, as applicable. Prizes awarded are subject to the express requirement that the winner submit to Sponsor all documentation requested by Sponsor to permit compliance with all applicable state, federal, and local tax reporting and withholding requirements and to authorize Sponsor to use the design on its soap dispensers.
Subject to the teacher’s compliance with the obligations hereunder, the first 50 teachers to submit 15 or more student designs will receive a gift basket containing SC Johnson Professional® products (“Teacher Gift Basket”). Teacher Gift Baskets will include: 1 Travel size set of four (4) RefreshTM hand soaps, 1 Glade® Air Freshener Aerosol, 1 Windex® Multi- Surface Disinfectant Sanitizer Cleaner Spray Bottle, 1 box of Ziploc® brand storage bags, 1 Fabric & Air Odor Eliminator Spray Bottle, 1 RefreshTM Azure FOAM hand soap 10oz Pump Bottle, 1 InstantFOAMTM Complete Hand Sanitizer 400ml Pump Bottle, 1 SBS® 40 Moisturizing lotion 100ml Tube, and 1 70-Count Kresto® kwik wipes®, or comparable SC Johnson Professional® products. ARV of the Teacher Gift Basket is $100.
If a potential winner cannot accept a prize (or portion thereof) as stated, the prize may be forfeited in its entirety. No substitution, cash redemption, assignment or transfer of any prize is allowed, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Prizes are awarded “AS IS” without any warranty or guarantee, either express or implied by Sponsor. All prize details are at the sole discretion of Sponsor.
HOW WILL WINNERS BE NOTIFIED? The potential Grand Prize Winners (and the winning Entrant through notice to you) and Teacher Gift Basket winners will be notified by Sponsor through notice to the applicable school by phone, mail, or email, as determined solely by Sponsor. To claim the prize, Sponsor may require Entrants to complete, sign, and return Affidavit of Eligibility and Release form, and other applicable documents, postmarked within ten (10) days of the date on the notification. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, the Grand Prize will be awarded to the next-highest voted design in that school category or the Teacher Gift Basket will be given to the next teacher who submitted 15 or more student designs. Under no circumstances will more than the advertised number of prizes be awarded.
WHAT OTHER RULES APPLY?
Each entry: (1) must promote the use of soap or hand washing, (2) must be suitable for a general audience; (3) cannot contain any nudity, sexually explicit, disparaging, libelous or other inappropriate content (all as determined in the sole discretion of Sponsor); (4) cannot contain any commercial content that promotes any third party product(s) or service(s); (5) cannot have been submitted in any other competition; (6) cannot be used by Entrant or you for any other purpose, including, without limitation, posting the entry to any online social networks; and (7) cannot contain any trademarks, copyrighted works or other intellectual property except for works and intellectual property that Entrant owns, or for which Entrant has obtained royalty-free and unrestricted right for Sponsor to use in connection with this Contest (collectively, “Authorized Assets”). Any elements appearing in an entry must be entirely original, created by Entrant, be in the public domain, or be an Authorized Asset. Use of any materials that are not original to Entrant, not in the public domain, or that are not an Authorized Asset may result in disqualification. By submitting an entry, each Entrant warrants and represents that his/her entry fully and completely conforms to these Official Rules. Each entrant will indemnify, release and hold harmless the Released Parties (as defined below) from any claims to the contrary. No other form of participation other than as stated in these Official Rules is valid.
By submitting an entry, Entrant grants permission for Sponsor to post, and otherwise make use of, the entry in publication and/or on the World Wide Web and/or any other online or offline promotional and marketing materials without restriction as is consistent with these Official Rules (all as solely determined by Sponsor) and Sponsor’s Website Terms and Conditions of Use available at https://terms.scjbrands.com/en-us, and warrants and represents that he/she has properly secured, and has all right to grant such permission.
By participating in this Contest, you unconditionally agree to these Official Rules, the decisions of the Panel regarding judging, the decisions of Sponsor, and Sponsor’s Website Terms and Conditions of Use, and the Privacy Notice located at https://privacy.scjbrands.com/en-us. Failure to comply with these Official Rules, the Website Terms and Conditions of Use, or the Privacy Notice (as determined within the sole discretion of the Sponsor) will result in disqualification.
You further represent and warrant to the Released Parties (as defined below) that, to the best of your knowledge, (a) your student owns the design pictured and discussed in your entry, (b) your student has obtained the express approval and permission from any person who may appear or be mentioned in any way in your entry, and (c) Sponsor’s use of your entry will not result in the infringement of any copyright, trademark, right of publicity, privacy or other legal right of any third party.
PUBLICITY & MARKETING: By submitting an entry, each Entrant hereby grants, and represents and warrants that Entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, royalty-free, fully sublicensable license and right to exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the likenesses of any locations and individuals embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to Entrant or any third party. Each Entrant further represents and warrants that he/she did not work with parties in conjunction with his/her entry who are: (a) represented under contract (e.g., by a talent agency or manager) that would limit or impair Sponsor’s ability to display such Entrant’s entry in any media form; (b) subject to an acting or modeling contract that would make their appearance in the entry a violation of any third-party rights; or (c) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
WAIVER: By participating, each Entrant and you hereby agree (and agree to confirm in writing): (a) that the Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees, agents, representatives and successors and assigns (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by Entrants and you against any liability for any injuries, losses or damages of any kind to person(s), including death, or property, or violation of intellectual property or personal rights (such as but not limited to, copyright, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities and the use of the entry submitted; (b) except where legally prohibited, by participating each Finalist (school and Entrant) and each winner hereby grants permission and the right to Sponsor and those acting under its authority to use his/her/its name, photograph, voice and/or likeness and biographical and prize information and/or Entry and/or statements, at any time or times, for advertising, trade, commercial, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and/or world wide web, without notice or review to, or approval from the winner and/or any third party; (c) under no circumstances will Entrant or you be permitted to obtain awards for, and Entrant and you hereby waive all rights to claim, indirect, incidental, consequential, punitive or any other damages, other than for actual out-of- pocket costs; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By participating, each Entrant and you hereby irrevocably waives any right to seek injunctive or other equitable relief. Any waiver of any rights granted by Entrant or you to Sponsor hereunder does not constitute a general waiver of any obligation by Entrants or you to Sponsor. By submitting an entry, each Entrant and you agree that the entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the entry or the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Entrant, you and/or any third party.
LIMITATIONS ON LIABILITY: The Released Parties are not responsible for lost, late, misdirected, incomplete, inaccurate, stolen, garbled, postage-due or non-delivered entries and/or mail, “likes”, “follow” requests, direct messages, pinned images, or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider (ISP), website, application or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Contest, the announcement of the winners and/or prizes, the incorrect or inaccurate capture or processing of entries or other information or the failure to capture, or loss of, any such information or in any other Contest-related materials. Persons who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, script, automatic, macro, programmed, like entry methods or any method which subvert the entry process will void all such Entries by such methods, and disqualify any Entrant using such methods. The Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of any website associated with this Contest. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and determine the potential winners from among all eligible, non-suspect entries received prior to action taken using the judging process described herein. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website associated with the Contest.
IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITES ASSOCIATED WITH THIS CONTEST OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SUCH WEBSITES 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. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By submitting an entry, each Entrant and you acknowledge and agree that Sponsor may obtain many entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Each Entrant and you waive any and all claims Entrant or you may have had, may have, and/or may have in the future, that any entry and/or other works accepted, reviewed and/or used by the Sponsor may be similar to his/her entry, or that any compensation is due to Entrant or you in connection with such entry or other works used by Sponsor.
OTHER TERMS: Decisions of Sponsor and/or the Panel on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected. CAUTION: ANY ATTEMPT BY AN ENTRANT OR YOU TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT AND YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES/ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, each Entrant and you agree that (a) any and all disputes, claims and causes of action arising out of or in any way connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, (b) any and all disputes, claims and causes of action arising out of or in any way connected with this Contest, or any prize awarded, shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant or you; (c) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant or you be permitted to obtain awards for, and Entrant and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s or your actual out-of-pocket costs, and Entrant and you further waive all rights to have damages multiplied or increased.
GOVERNING LAW AND JURISDICTION: By participating, each Entrant and you agree that (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of such participant in connection with this Contest, or the rights and obligations of the Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, and any arbitrator shall apply, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Wisconsin, and (b) any matters or proceedings which are not subject to arbitration as set forth in these Official Rules shall take place exclusively in the federal or state courts sitting in Racine County, Wisconsin. By participating, each Entrant and you expressly consent to the jurisdiction and venue of the federal and state courts located in Racine County, Wisconsin and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit your participation in this Contest if fraud or tampering is suspected; if Entrant or you fail to comply with any requirement of participation or with any provision in these Official Rules; if your or Entrant’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or to the reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices, all as determined in Sponsor’s sole discretion.
WINNER LIST: The Grand Prize winners will be posted to the Website on or about April 1, 2021. The winners of the Teacher Gift Basket will be posted to the Website after November 30, 2020.