The Children's Place Best School Day Ever 2023
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING THE INSTANT WIN GAME. THERE IS NO CHANCE ASSOCIATED WITH THE CONTEST.
1. Eligibility: The Children’s Place Best School Day Ever(the “Promotion”)contains a contest ("Contest") and
an instant win game ("Instant Win Game").
The Contest is open only to legal residents of the forty-eight (48) contiguous United States and the District of
Columbia(excluding Alaska and Hawaii)who are
For the Contest, entrants (each, a “Nominator”) will be asked to nominate their child’s School (each, a “Nominee”).
The Instant Win Game is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Alaska and Hawaii) who are at least eighteen (18) years old at the time of entry.
Employees of The Children's Place Inc., Merkle Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void in Alaska, Hawaii, and where prohibited.
2. Sponsor: The Children's Place Inc., 500 Plaza Dr.,Secaucus, NJ 07094(“Sponsor”). Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075 (“Administrator”).
3. Agreement to Official Rules: Participation in this Contest constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing:
| Phase | Start Date at 12:00 a.m. ET | End Date at 11:59 p.m. ET |
|---|---|---|
| Submission | June 22, 2023 | July 30, 2023 |
| Judging | August 1, 2023 | August 1, 2023 |
| Voting* | August 11, 2023 | August 31, 2023 |
Administrator's computer is the official time-keeping device for the Contest and Instant Win Game.
5. How to Enter the Contest: During the Submission Phase, download The Children’s Place Mobile App (available on Google Play and Apple Store). Message and Data rates may apply. Follow the links and instructions in The Children’s Place Mobile App to complete and submit the Contest registration form, including your name and contact information, phone number and a valid email address.Then, follow the directions to provide details related to the Nominee, including the Nominee’s name and address, as well as the full name and valid email address for the Nominee’s principal or, where the school does not have a principal, a school official who has authority to bind the school. Next, follow the instructions to answer the following:
Your answers will be collectively referred to as your submission (“Submission”).The answer to each prompt must not to exceed five hundred (500)words.Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. Including a reference to Sponsor’s products/services in your Submission will not impact the judging. By uploading your Submission, you agree that it conforms to the guidelines, content restrictions and that you have obtained all necessary permissions as described below.
Guidelines:
Permissions: Nominator must have permission from their respective Nominee as well as any recognizable individuals who are referenced in the Submission to use their names in the Submission and to grant the rights set forth herein. A minor may only be included in the Submission if Nominator is such minor’s parent or legal guardian. If requested, Nominators must be able to provide such permissions or proof in a form acceptable to Sponsor.
Content Restrictions:
- The Submission must be your original work.
- The Submission must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement and therefore must not contain brand names or trademarks other than those owned by Sponsor.
- The Submission must not contain content created by a third party, such as images or artwork.
- The Submission must not disparage Sponsor, its products or services, or any other person or party or product.
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous, or libelous.
- Your Submission must not promote alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda.
- The Submission must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Once your Submission has been reviewed and approved as meeting the above requirements, the indicated Nominee principal/school official will receive an email alerting them of the Contest. The principal/school official will need to follow the links and instructions included in the email to accept the nomination by the date indicated(no later than 5:00 p.m. ET on July 31, 2023). If the principal/school official does not accept the nomination by the required date /time, the Submission will not be included in the Contest. Where your Submission meets all requirements, your Submission will be deemed one (1) Contest entry.
Limit: Each Nominator may upload up to three(3) unique Submissions during the Submission Phase; however, each Submission must be for a different Nominee and only one (1) Submission can be determined to be a Finalist. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute relating to any Submission, the authorized account holder of the email address used to register will be deemed to be the Nominator and must comply with these Official Rules. The "authorized account holder"is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Nominator may be required to show proof of being an authorized account holder.Released Parties (as defined in Section 12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, inaccurate, delayed, or misdirected Submissions; all of which will be void.
6. Sponsor's Use of Submissions: Uploading a Submission constitutes Nominator’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, together or separate from their name, image, and city and state of residence, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without additional consent, notification or compensation. Nominator may not consent to give any other person or party a license to use the Submission; however, Nominator will continue to own the Submission. If requested, Nominator will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Nominator is granting to use the Submission.
7. Contest Winner Determination:
- a. Judging Phase: During the Judging Phase, a
panel of qualified judges determined by Sponsor in its sole discretion will determine the ten (10)
highest-scoringSubmissions (each a"FinalistSubmission") from among all eligible Submissions received. Each
Nominee featured in a Finalist Submission will be a “Finalist.” Each Submission will receive a score based on a
100-point scale using the following criteria (“Judging Criteria”):
- Essay demonstrates that the school has created a meaningful community for all of its students (50 points);
- Essay demonstrates that the requested improvement will substantially enhance your child/children’s experience at the school in a meaningful way (25 points);
- Essay demonstrates that the requested improvement will substantially enhance other student’s experience at the school in the future in a meaningful way (25 points); and
- b. Voting Phase/How to Play the Instant Win Game: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting within The Children’s Place Mobile App and at www.thebestschooldayever.com Eligible individuals may follow the links and instructions to register and vote for one (1)of the Finalists.Limit: Each eligible person may vote one (1)time per day during the Voting Phase
- c. Grand Prize Nominee Winner Determination: Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any voter to obtain votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the applicableFinalist and the applicable Finalist may be disqualified as determined by Sponsor in its sole discretion. Subject to the compliance with these Official Rules by the applicable Finalist and its Nominator, theFinalist that receives the highest number of valid votes during the Voting Phase will be deemed the potential Nominee Grand Prizewinner.In the event of a tie, theFinalist Submission that received the highest score in the Judging Phase, as previously determined by the qualified judges, will be deemed the potential winner from amongst the tied Finalists.Sponsor reserves the right, in its sole discretion, to select an alternate winner should the voting appear to have been tampered with or manipulated in any way.
In the event of a tie, the Nominee featured in the Submission that received the highest score for “Essay demonstrates that the school has created a meaningful community for all of its students,”as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than the stated number ofFinalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores.
Each Nominator of the ten (10) Finalist Submissions will be notified by email or phone on or aroundAugust 2, 2023. These Nominators will be required to sign and return a Declaration of Compliance, Liability Waiver, and, where not prohibited, a Publicity Release, which must be received by Administrator within two (2)calendar days of the date notice or attempted notice is sent by Administrator to Nominator, in order to be eligible to claim the Nominator Finalist Prize. If a Nominator cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period (if applicable), or such Nominator is not available to travel on dates required by Sponsor, the Nominator forfeits the Nominator Finalist Prize and this prize will not be awarded. Regardless of whether a Nominator is confirmed to win the Nominator Finalist Prize, the applicable Finalist will be posted in the online gallery during the Voting Phase outlined below and the Finalist will be eligible to receive the Nominee Grand Prize.
8. Instant Win Game: Once an eligible individual casts their vote during the Voting Phase, they will receive one (1)Instant Win Game play. To play the Instant WinGame, participants must follow the links and instructions to view the results of the Instant Win Game. Potential winners of the Instant Win Game will be provided directions for verification. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. Limit: Each person may receive one (1) Instant Win Game play per day during the Voting Phase by voting.
There will be five hundred and four (504)random, computer-generated winning times offered once each hour of the Voting Phase. The registered voter who is the first player to play the Instant Win Game at or after one of the randomly generated times will be a potential instant winner of the prize indicated. If no one votes during any particular hour of the Voting Phase, no Instant Win Game prize will be awarded during this hour. Each potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) of prizes with cumulative value of $600 or more will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential Instant Win Game winner is disqualified for any reason including he/she fails to sign and return the Declaration, an alternate winner will be selected through a random drawing from among all eligible entries.
9. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED. If a potential Instant Win Game winner is disqualified for any reason, an alternate winner will be selected through a random drawing from among all eligible non-winning Instant Win game plays. Only three (3)alternate winners will be determined for any prize, after which the applicable prize may remain un-awarded.
10. Winner Requirements for Nominee Grand Prize: The principal/school official of the potential Nominee Grand Prize winner will be notified by email or phone on or around September 1,2023. The potential Nominee Grand Prize winner ill be required to sign and return prize acceptance documents where they (a) confirm that they meet eligibility requirements and(b) agree to abide by these Official Rules, including signing a Publicity Release and agreement to the tax consequences of accepting the prize.Potential Nominee Grand Prize winner must complete and return these documents toAdministrator within five(5) days of the date notice or attempted notice is sent, to claim the prize. If the potential Nominee Grand Prize winner cannot be contacted, fails to sign and return the prize acceptance documents within the required time period, or the prize notification is returned as undeliverable, the potential Nominee Grand Prize winner forfeits the prize. If the potential Nominee Grand Prize winner forfeits the prize oris disqualified for any reason, the prize may be awarded to a runner-up, in Sponsor’s sole discretion. Only three (3)alternate winners may be determined, after which the prize will remain un-awarded.
11. Prizes:
Contest: ONE (1) NOMINEE GRAND PRIZE: A US$100,000.00check intended to be used by the Grand Prize-winning
school for improvements. Approximate Retail Value(“ARV”)of Nominee Grand Prize: $100,000.
Contest: TEN(10) NOMINATOR FINALIST PRIZES: EachNominator for each Finalist will receive a trip for two (2)(Nominator and their guest) to New York, New York to attend The Children’s PlaceNY-metro event, hosted by the Jonas Brothers(“Event”) on August 10, 2023. The exact details of the Event to be determined by Sponsor and provided at time of winner notification. Trip package includes round trip, coach-class air transportation for two (2)from a major airport near winner’s home to the New York metro area(departure and arrival airports determined by Sponsor in its sole discretion); two (2)nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single standard room, double occupancy); a $600 stipend(fulfilled as a prepaid card, see material terms below) for expenses; entrance to the Event for winner and guest; and US $1,780 check to assist with winner’s tax liability. There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By traveling and attending event, winner and winner’s guest voluntarily assume all risks related to exposure to COVID-19. Released Parties (as defined below) are not responsible if the Event is delayed, postponed, or cancelled for any reason or if the Jonas Brothers cannot participate in the event and, in such an event, the Event elements of the prize package will not be awarded.Seating (if any) to be determined in the sole discretion of Sponsor. Released Parties are not responsible if winner chooses not to attend the Event.Winners and guests agree to comply with all event rules and regulations. Failure to do so may result in forfeiture of such prize component.
Winner must immediately cooperate with Administrator and/or Sponsor’s travel agency to arrange travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in thisPromotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be at least 18 or the child/legal ward of the winner and travel on same itinerary and at the same time as the winner. Travel companion (or if a minor, their parent or legal guardian)must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Winners and travel companions are responsible for complying with any COVID-19 requirements set forth by airline, rental car vendor, hotels, excursion and event venues or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements, may result in forfeiture of the prize of elements of the prize. Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no compensation will be provided for difference in prize value, if any. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. ARV of each Nominator Finalist Prize: $5,930. Limit: One (1) Nominator Prize per person.
Instant Win Game: FIVE HUNDRED AND FOUR (504) INSTANT WIN GAME PRIZES: A $500 prepaid card. Please note that prepaid cards are subject to expiration, so pay close attention to the expiration date of the card.ARV: $500.00. Odds of winning a prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person per day during the Voting Phase. Total ARV of all Instant Win Game Prizes: $252,000.
All prepaid cards are governed by the Cardholder Agreement, and some fees may apply. This is not a gift card. Please note that prepaid cards are subject to expiration, so pay close attention to the expiration date of the card. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes cannot be redeemed for cash. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize(or a component there of) for one of comparable or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Instant Win Game Prizes will be fulfilled 8 –10 weeks after the end of the Contest. All prize details are at Sponsor’s sole discretion.
12. Release: By participating, participants agree to release and hold harmless the Sponsor, Administrator, the Jonas Brothers, Paul Kevin Jonas II, Joseph Jonas, Nicholas Jonas, Three Chord Strand Enterprises LLC, DVJ Holdings LLC and Danielle Jonas and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize, including any related travel or activity-related thereto.
13. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission/vote, and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Promotion, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Promotion, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If the Contest is terminated, Sponsor may, in its sole discretion, determine the Finalists or Nominee Grand Prizewinner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above or valid votes (as applicable) or as otherwise deemed fair and appropriate by Sponsor and Sponsor reserves the right to award the Instant Win Game Prizes at random from among the non-suspect, eligible Submissions or valid votes received up to the time of the impairment or as otherwise deemed fair and appropriate by Sponsor. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the submission or voting process or the operation of the Promotion (or any portion thereof), including the Instant Win Game, or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions/votes. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion(or any portion thereof)may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees)from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by printing, typographical, human, network, mechanical, computer or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines 3659689.431252.200 or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest, the voting, or the Instant Win Game play; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the tabulation of the votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail or other communications of any kind; or (6) any injury, illness or damage to person’s or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of any prize(including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or votes or game plays or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.If for any reason an participant'sInstant Win Game play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another Instant Win Game play, if it is possible. If the Instant Win Game, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all non-suspect, non-winning, eligible game plays received up to the date of discontinuance for any or all of the remaining prizes. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Instant Win Game prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
15. Disputes: Except where prohibited, each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division)or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and each participant 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 participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Personal Information: Information collected in connection with this Promotion is subject to Sponsor’s Privacy Policy.
17. Winner List: For a winner list, please click here. The winner list will be posted after winner confirmation is complete.
© 2023 Merkle Inc. All rights reserved.