1. Description of Contest. This contest (the “Contest”) is a promotion sponsored by Membean Inc. (“Membean”). The Contest is intended to encourage student engagement through Membean's subscription-based education service (the “Service”).
The Contest begins at 12:00 AM PST on January 13, 2025 and ends at 11:59 PM PST on January 31, 2025 (“Entry Period”). All Entries (as defined below) must be received during the Entry Period to be eligible for the Contest. Membean's computer is the official timekeeping device for the Contest. The Contest can be cancelled at any time. Odds of winning will depend on the number of eligible Entries, judges' scoring, and eligible voting.
2. Eligibility. Entries (as defined below) must be submitted by a teacher (the “Entrant”) who: (a) at the time of entry and at the time a prize is awarded, has an active Membean teacher user account in good standing; and (b) together with teacher's school, teacher's students, and each student's parent or legal guardian(s) (“Parent/Guardian”), is in full compliance with Membean's Terms of Use and Privacy Policy. Void where prohibited by law.
3. How to Enter. Enter by fully completing, to Membean's satisfaction, all parts of the Contest application via SurveyMonkey which must contain all required information, signatures, acknowledgements and permission set forth in the application. Successful completion of a valid application constitutes an “Entry.”
By submitting an Entry, Entrant agrees to comply with and abide by these Official Rules. Membean is not responsible for Entries not received due to lost, failed, delayed, or interrupted connections or miscommunications, or other electronic malfunctions or mail delays. Membean is not responsible for incorrect or inaccurate Entry information, whether caused by persons entering such information through SurveyMonkey or Membean's website, or by any of the equipment or programming associated with or utilized in the Contest, or by any human error which may occur in the processing of Entries. Entries remain the property of Membean and will not be returned or acknowledged.
4. Representations and Warranties of Entrant. Entrant represents and warrants that: (a) the Entry is an original creative work created solely by the Entrant's students; (b) the Entry does not violate any intellectual property, publicity, privacy, or moral rights of any third party; and (c) the Entry complies with these Official Rules.
5. Restrictions on Entries. Only one (1) Entry is permitted per Entrant. Entries may not contain or include profanity, inappropriate language or images, or any content or information that perpetuates biases or is culturally insensitive, defamatory, threatening, disparaging, unlawfully harassing, hateful, or injurious to any individual. Each Entry is bound by and subject to the terms of these Official Rules and Membean's privacy policy.
6. Selection Process: Judging and Voting. Selection of contest winners will take place at the end of a two-phase selection process. During the first phase (described in Section 6.1 below) all Entries will be judged and the top 10 Entries for each prize category will be selected. During the second phase (described Section 6.2 below) each of the top 10 finalist Entries will be posted on Membean's website and voted on by eligible students and teachers. Based on eligible votes received the 1st, 2nd, and 3rd place winners will be selected for each prize category.
6.1 Judging Phase. During the period from February 1, 2025 to February 9, 2025 (the “Judging Period”) the top 10 Entries (“Finalists”) in each prize category will be selected by employees (or contractors) of Membean, Inc. based on the subjective determination of those individuals using a rubric of Membean's choosing. These decisions are final and may not be appealed. Membean will announce all finalists on or about February 10, 2025.
If there are fewer than 10 Entries submitted per prize category during the Contest, then all qualified Entries in that prize category will advance to the Voting Phase as Finalists.
6.2 Voting Phase. During the period from February 10, 2025 to February 14, 2025 (the “Voting Period”) the Finalists’ Entries will be displayed on the Membean website for viewing and voting by eligible students and teachers. At the end of the Voting Period the 1st, 2nd, and 3rd place winners will be selected based on the Finalist Entries that receive the most votes from eligible and unique voters. Votes entered or received after the Voting Period has ended will not be counted.
An eligible voter must have an active Membean student or teacher account in good standing and agree to all corresponding terms and conditions of voting. Only one (1) vote per person will be allowed during the Voting Period; voters may not vote for more than one Entrant. Voters attempting to submit more than one vote will be disqualified and all votes submitted such voter will not be counted. Students who are minors in their state of residency at the time of entry must have the express permission of their Parent/Guardian to vote or otherwise participate in the Contest.
7. Notification of Winners. Membean will announce the contest winners the week of February 24, 2025. The winners will be notified by email to the email address provided with Entry. If a potential winner cannot be reached and/or does not respond to Membean within five days after Membean's first attempt to contact the Entrant, or if the Entrant is found to be ineligible or does not otherwise comply with these Official Rules, an alternate winner may be selected by Membean. All results of judging and voting, and all decisions of Membean, will be final and binding in all respects.
8. Prizes. Membean will award the following gift card prizes for each category (5th–8th grade and 9th–12th grade), to be awarded to the Entrant:
- 3 winners will each receive a $200 Amazon Gift Card
- 7 winners will each receive a $50 Amazon Gift Card.
Restrictions apply, see amazon.com/gc-legal.
No substitution, transfer, or cash equivalent of any prize is allowed by any Contest winner. Membean, at its sole discretion, may substitute a prize of equal or greater value. Membean disclaims all warranties, express or implied, for the prize, including implied warranties of merchantability and fitness for a particular purpose. Any portion of the prize not accepted or received by a winner will be forfeited. All prize details not specified in these Official Rules will be determined in Membean's sole discretion.
9. License. By submitting an Entry, each Entrant (and the Entrant's students) grant to Membean a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display the Entry, and to incorporate the Entry into any other works in any form, media or technology now known or developed in the future, for the purpose of promoting Membean, the Contest, the Entrants and the Entries. Membean has the right, but not the obligation, to use, distribute, or exploit any Entry.
10. General Conditions. All taxes are the sole responsibility of the winners. The winners may be required to execute (and have notarized) an Affidavit of Eligibility and Release (“Affidavit/Release”), which must be returned to and received by Membean within 10 days after each winner's receipt of the Affidavit/Release. Any failure to comply with the foregoing may result in disqualification and an alternate winner may be chosen. Return of the prize, the prize notification, or the Affidavit/Release as undeliverable may result in disqualification and an alternate winner may be selected. In addition to the foregoing, each Entry into the Contest and/or acceptance of the prize constitutes permission for Membean and its affiliates to use the Entrant's name, address (city and state) and/or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line and through social media, unless prohibited by law. All Entrants agree to comply with these Official Rules. Any person attempting to defraud or in any way tamper with this Contest, and any person who does not comply with these Official Rules, will be ineligible for the prize and may be prosecuted to the full extent of the law.
THE OREGON COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF OREGON SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
If, for reasons beyond Membean's control, the Contest is not capable of running as originally planned, Membean reserves the right in its sole discretion to suspend, cancel or modify the Contest, without liability. Membean is not responsible for errors, failures or delays caused by Membean's or any Entrant's computer system, hardware, or software.
11. Waivers and Disclaimers. By entering, each Entrant releases and holds harmless Membean, its third party service providers providing the Contest, and their respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Contest or any prize won, any misuse or malfunction of any prize awarded, participation in any Contest related activity, or participation in the Contest. Without limiting the foregoing, each entrant acknowledges and agrees that Membean has complied with all applicable laws and regulations related to the Contest, including without limitation the Child Online Privacy Protection Act (COPPA), and each Entrant, student and Parent/Guardian hereby releases Membean from any liability related thereto.
12. Rules/Winners List. For an additional copy of these Official Rules or the name of the winners, send a stamped, self-address envelope, specifying your request to:
Membean User Survey Contest
Membean Inc.
10940 SW Barnes Road #233
Portland, OR
97225