Official Rules
No purchase is necessary to enter or win. A purchase does not increase the chances of winning. This promotion is void where prohibited by law.
1. Eligibility: Participants who are 18 years of age or older as of the date of entry (or 19 for residents of AL or NE, and 21 for residents of Puerto Rico and legal residents the 50 United States, Puerto Rico or District of Columbia ("Nominator"); may nominate their favorite pre-K-12 public or private school ("School Nominee") for this Contest. PLEASE NOTE: By entering, each Nominator is nominating the School Nominee to be the potential winner, the winner will NOT be the Nominator. The Batteries Plus "School of the Year" Promotion ("Promotion") is void where prohibited or restricted by law.
The Sponsor of the Promotion is Batteries Plus, LLC in partnership with Duracell Distributing Inc. ("Sponsor"). All employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies and suppliers, (collectively the "Employees"), and immediate family members and/or those living in the same household of Employees, are not eligible to participate in the Promotion.
2. Agreement to Rules: By participating, the participant ("You" or "Participant") agrees to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements set forth in Official Rule #1 above. In addition, you agree to accept the decisions of Sponsor as final and binding as they relate to the content of this Promotion. Sponsor reserves the right to modify the rules of the Promotion in any way at any time, subject to state or federal law.
3. Promotion Period: The Promotion begins on May 22, 2023 at 12:00:00 am Pacific Daylight Time ("PDT"), and ends on June 9, 2023 at 11:59:59 pm PDT (the "Promotion Period.") All entries must be received and recorded by the Sponsor during the Promotion Period to be eligible for the random drawing.
4. How to Enter: There is one (1) way to enter this Promotion
All Nomination forms must be posted by 11:59:59 PM PDT on June 9, 2023 to be entered. Limit: one (1) entry per school per method of entry during the entire Promotion Period. Anyone attempting to get more than one (1) entry may be disqualified from the entire Promotion at Sponsor's sole discretion.
Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any participation by an entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned a phone number by an email address by an Internet access provider, online service provider or other organization responsible for assigning account for the domain associated with the submitted account. The potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Sponsor and will not be returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in their sole discretion.
5. Winner Selection and Notification: On or about June 12, 2023, Sponsor will judge each Nomination using the following judging criteria and percentages:
The Nomination that receives the highest score using the preceding Judging Criteria and percentages will be deemed the Grand Prize winning School Nominee. The Nomination with the second and third highest scores using the preceding Judging Criteria and percentages will be deemed the First Prize winning School Nominees. The potential winners will be notified by Administrator via a direct message through email or phone on or about the week of June 19, 2023. In the event of a tie, the winning school will be deemed the Nomination with the highest percentage in the impact will the batteries have on your school criteria from among all tying Nominations. As a condition of accepting the prize, each winning school must agree to have one (1) or more school representative attend a public relations event at a Sponsor-specified to-be-determined location and time to receive a trophy sometime between July 15, 2023 and August 15, 2023, which may be broadcast over the internet, and images may be captured and used at Sponsor's sole discretion for marketing and publicity purposes. Sponsor shall have no liability for any potential winner's failure to receive or check for direct messages in a timely manner. Potential winner must respond within 48 hours from Administrators sending the direct message to the potential winner. Sponsor reserves the right to select fewer than the stated number of prizes in the event not enough sufficient Nominations are submitted during the Promotion Period.
If Sponsor requests, each winning school must also have an authorized representative sign a liability and publicity release, allowing Sponsor to use the winner's Nomination form, name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information. Failure to complete these forms may result in forfeiture of the prize. Sponsor will make the final determination of identity of potential winners in its sole discretion. In the event that a winner is disqualified for any reason, Sponsor may select an alternate winner at random from the remaining participants using the Judging Criteria. Receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prizes & Approximate Retail Value ("ARV"): One (1) Grand Prize – The potential winning school will receive a $1,000 value of alkaline Duracell batteries, assortment to be selected by winner. ARV: $1,000.00. Two (2) First Prize – A $500 value of alkaline Duracell batteries, assortment to be selected by winning school. ARV: $500.00 each. Prizes are subject to the manufacturers' warranties and guarantees.
The approximate retail value of the total of all prizes in this Promotion is $2,000.00. Actual value of prizes may differ at time of prize award.
Prizes consists of only those items specifically listed as part of the Prize. No cash or other substitution allowed by any winner, but Sponsor may substitute a prize, or any portion thereof, for a prize of equal or greater value at Sponsor's sole discretion for any reason. The prizes are non-assignable, non-transferable, and not redeemable for cash. The winners must meet the eligibility requirements as set forth in these Official Rules. Winners are responsible for paying all applicable income taxes associated with accepting their Prize. Winner may be required to have an authorized school representative sign a liability and/or publicity release ("Prize Release") prior to issuance of a prize, and a W9 for tax purposes. Sponsor will submit a 1099 to proper tax authorities for any prize valued over $599.99.
7. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor's control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such a case, Sponsor may select the winner from all eligible Entries received prior to and/or after (if appropriate) the action. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting with intent to annoy, abuse, threaten, or harass any other person. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void Entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8. Warranty Disclaimer and Limitation of Liability: By entering the Promotion, You agree to release and hold harmless Sponsor and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the Promotion and Your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; and (v) electronic or human error in the administration of the Promotion or the processing of entries.
9. Privacy Policies and Data Collection: Information provided by you for this Promotion on the entry form is subject to Sponsor's privacy policy located at: https://www.batteriesplus.com/t/policies/privacy. By entering this Promotion, each entrant agrees that the Sponsor has the right to contact the entrant by phone, direct message, or email accounts provided on the entry form to administer and fulfill this Sweepstakes.
10. Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Wisconsin; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of State of Wisconsin, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
11. Winners List/Official Rules: To obtain a copy of the winning school's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Batteries Plus, LLC, Attn: Sponsor, 1325 Walnut Ridge Drive, Hartland, WI 53029. Requests must be received by June 30, 2023. To obtain a copy of these Official Rules, see the Batteries Plus Promotion page during the Promotion Period.
By reviewing these rules, You, the participant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
12. Sponsor: Batteries Plus, LLC 1325 Walnut Ridge Dr., Hartland, WI 53029. Administrator: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids, MN 55744.
GP:4837-4399-1206 v1