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TEACHER FIXER UPPER TERMS AND CONDITIONS

Please read the following terms and conditions carefully. 

Official Rules: Teacher Fixer Upper Giveaway

THIS PROMOTION IS A SWEEPSTAKES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. 

BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AFFIRMS THAT HE/SHE HAS READ, UNDERSTOOD AND ACCEPTED THESE OFFICIAL RULES.  WINNING A PRIZE IS CONTINGENT UPON FULFILLMENT OF ALL REQUIREMENTS SET FORTH HEREIN.

 

  1. Overview: Teacher Fixer Upper Giveaway ("Sweepstakes") is sponsored and presented by BERTEAU MARKET OPERATIONS, LLC ("Sponsor"), a, TX based Company. At the conclusion of the Sweepstakes Period, one (1) Grand Prize winner will be selected to receive the Classroom Fixer Upper” prize package.  The prize package consists of:
  • Classroom design and decorating services from Berteau & Co. 
  • Prizes from our sponsors
  1. Sweepstakes Period: The Sweepstakes begins on October 19, 2019 at 12:01 a.m. and ends on November 15, 2019 at 11:59 p.m. (the "Sweepstakes Period"). All times stated by Sponsor are in Eastern Time (local to New York, NY). Entries received before or after the Sweepstakes Period will not be accepted or be eligible to win the stated Prizes. Sponsor’s clock is the official clock of the Sweepstakes.
  2. Eligibility: Eligibility to participate in the Sweepstakes or to win the Prize is limited to individual persons who, at the time of entry: (i) have reached the age of majority in the jurisdiction in which they reside, (ii) are legal residents of the 50 United States or the District of Columbia, (iii) are employed as an educator at an Elementary School (public or private) in the United States, and (iv) have an active ESGI teacher account (Paid or Free Trial). Any effort by a participant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will result in disqualification.  Entry generated by a script, macro or other automated means are void. Entrants who disregard these Official Rules are not eligible to participate or win. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, it’s parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the Sweepstakes, are not eligible to participate. The Sponsor’s determination of eligibility, in its sole discretion, shall be final.
  3. How to Enter: The Sweepstakes is offered electronically via the Internet.  To enter the Sweepstakes, visit www.berteauandco.com for the entry link to the digital Teacher Fixer Upper Giveaway hosted on the berteauandco.com website, then enter your:
  • Full name, 
  • Email address, 
  • Grade level, 
  • School name, 
  • City & state, 
  • ESGI username,
  • Photos of your classroom, 
  • Classroom decor story explaining why you want to win the Teacher Fixer Upper Giveaway, and 
  • Assurance that your school site administrator is in agreement with minor classroom modifications that could include but are not limited to wall paint and wall hangers.  

Any attempted entries received after the close of the Sweepstakes Period, or which are not in compliance with these Official Rules, will not be accepted.  Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, email addresses, registrations and logins, or any other methods will subject the participant to disqualification from the Sweepstakes, in Sponsors’ sole and absolute discretion.  In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The "authorized account holder" is the natural person assigned an email address or other account by an Internet access provider, online service provider or other organization responsible for assigning email addresses or the account for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder of the email address associated with the winning Entry.

  1. Winner Selection and Notification: The Sponsor’s determination of the Winner and selection of Winner, in its sole discretion in accordance with these Official Rules, shall be final.  Selection shall be made by an automated random drawing of entries by the Sponsor. The potential Winner of the Sweepstakes will be notified by direct message to their email address.  Sponsor may require the potential Winner to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any prize (collectively, "Affidavit"). If the potential Winner does not respond to the notification within 7 days, is found to be ineligible, fails to execute the Affidavit or other documentation required by Sponsor and/or the Prize is returned as undeliverable, the Sponsor may consider Winner to have forfeited the Prize, and another potential Winner may be selected as time allows. 
  2. Prizes: Odds of Winning: The odds of winning depend on the number of eligible entries at the time of applicable drawing. The following Prize will be awarded in the Sweepstakes: 

Grand Prize (1):

  • Classroom design and decorating services from Berteau & Co.
  • Prizes from our sponsors, to come at the end of the makeover

Approximate retail value of all prizes is $5,000.

Prizes are non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by a Sponsor in its sole and absolute discretion. All federal, state and local taxes are the sole responsibility of the Winners. Prize consists of only those items specifically stated as part of the Prize. All expenses and costs associated with the acceptance or use of the Prize that are not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the Winner. If required by law, the Winner will be issued a 1099 tax forms from Sponsors with respective prize values exceeding $600.   

  1. Prize Delivery: Prizes will be given in person, sent via email, or mailed or shipped (as determined by Sponsors’ sole discretion) to the confirmed or verified Winner in accordance with the information supplied at the time of the Entry. Prizes will not be shipped or delivered to P.O. boxes or addresses outside of the 50 United States and D.C. Allow up to 2 to 4 weeks after verification of eligibility prize delivery. 

The Grand Prize winner will be notified within one week of completion of the Sweepstakes. Specific date of onsite visit for decorating services will be mutually agreed upon by the Grand Prize Winner and Berteau & Co.

  1. Publicity; Rights Granted by You: By participating in the Sweepstakes, each participant is granting Sponsors and their respective agencies and service providers the right to film, record, use and display its name and/or likeness, photographs, video, Tweet, performance, and voice (as applicable) for advertising and marketing purposes, without further notice, permission, or compensation, unless prohibited by law.  

By providing their email address as a means of entering the Sweepstakes, each participant understands that he/she may be placed on a mailing list to receive future marketing materials from all Sweepstake Sponsors.

 

  1. No Affiliation. This Sweepstakes is not sponsored, endorsed, or administered by or associated with Facebook, Inc., Instagram, Inc., or Woobox LLC, nor are these companies associated with the Contest in any way.  Any questions, comments or complaints regarding the Contest should be directed to Sponsor. Where applicable, the Terms of Service of Facebook and/or shall apply.

 

  1. General Conditions of Participation: Each participant agrees to be bound by these Official Rules and the decisions of the Sponsors, and to accept delivery of any prize won based upon availability. In addition, each participant represents and warrants that all information contained in his/her entry is true and accurate. The Sponsor is not responsible for any printing errors in these Official Rules, in the entry or otherwise in any materials available at the website. Unless a participant otherwise opts out, Sponsor and its designees may use the participant's physical and/or e-mail address to contact the participant regarding Sponsor’s services and other offers and/or promotions. Sponsor shall not be responsible for any lost, late, misidentified or misdirected entry, or any telecommunication or computer hardware or software performance, errors, delays or failures. Sponsor is not responsible for any human or other error that may occur in the processing of the entries, nor are they responsible for any error, omission, interruption, deletion, defect, or delay in operation or transmission, theft or destruction or unauthorized access to or alteration of entries, or for technical, network, telephone, computer hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failures of any wireless or internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person's ability to participate in the Sweepstakes or receive communication from Sponsor.  Sponsor assumes no responsibility for undeliverable messages resulting from filtration of a participant's email, wireless or Internet service provider or for insufficient space to receive messages. Sponsor reserves the right to cancel, terminate, suspend, or modify a Sweepstakes if fraud or technical failures destroy the integrity of a Sweepstakes; or if a technical problem corrupts the administration as determined by Sponsor, in their sole discretion. If the Sweepstakes is canceled, Sponsor may award the applicable Prize(s) from among all eligible Entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any participant in connection with the Sweepstakes. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Incomplete Entries are void.

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BERTEAU MARKET OPERATIONS, LLC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES LAW.

  1. Release and Indemnification: Each participant hereby releases, and agrees to defend, indemnify and hold harmless the Sponsor, those working on its behalf, Facebook, Inc., Instagram, Inc., and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to, in whole or in part, participation in this Sweepstakes, these Official Rules, the awarding, acceptance, use or misuse of the Prize or any other substitute prize.

PARTICIPANT FURTHER UNDERSTAND AND AGREE THAT IF PARTICIPANT IS A RESIDENT OF CALIFORNIA, ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED.SECTION 1542 READS AS FOLLOWS: "CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE NOT A RESIDENT OF CALIFORNIA, YOU WAIVE ALL RIGHTS UNDER ANY LAW SIMILAR TO SECTION 1542 THAT MAY EXIST IN YOUR STATE OF RESIDENCE.

  1. Disclaimer: Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Game or use or redemption of any prize.  The Winner acknowledges that the Prizes are provided by Sponsors on an "as is" basis with no warranty of any kind. SPONSOR DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
  2. Limit of Liability: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, INCLUDING REASONABLE ATTORNEYS’ FEES, OTHER THAN PARTICIPANT’S OUT OF POCKET EXPENSES, AND FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE THIS LIMITATION OF LIABILITY SHOULD BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  3. Disputes, Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a location mutually convenient to entrant and Sponsor located in Elkhart, IN; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsors in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana, USA without regard to choice of law rules.  

 

  1. Confidentiality and Privacy Policy: Any information collected by entering this Sweepstakes shall be used only in a manner consistent with these Official Rules and Sponsor’s privacy policy.

For information regarding Berteau & Co. visit: https://www.berteauandco.com/

 

By providing his or her email address as a means of entering this Sweepstakes, participants understand that they will be placed on a digital mailing list to receive future notices and marketing materials from all Sweepstakes Sponsors.

 

  1. Winner Information: For the name of the Grand Prize Winner (available after 11/23/2019) visit berteauandco.com/pages/teacherfixerupperapplication-1

 

  1. Primary Sponsor: BERTEAU MARKET OPERATIONS, LLC 8901 Tehama Ridge Pkwy, Ste. 127, Box. 187, Fort Worth, TX 76177

 

© 2019 BERTEAU MARKET OPERATIONS, LLC.  All rights reserved. BERTEAU & Co. and the associated logos are trademarks of BERTEAU MARKET OPERATIONS, LLC. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners. 

 

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