STANLEY M. HERZOG CHARITABLE FOUNDATION “TEACHER APPRECIATION WEEK” SWEEPSTAKES

Presented by Stanley M. Herzog Charitable Foundation

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  Void where prohibited by law and outside the fifty (50) United States (and. D.C.).  Subject to all applicable federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on 6 May 2024 at 5:00:00 p.m. Central Time (“CT”) and ends on 9 May 2024at 5:00:00 p.m. CT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.  Entries received after the end of the Sweepstakes Period will not be valid for the Sweepstakes.

1. Eligibility: The Stanley M. Herzog Charitable Foundation “Teacher Appreciation Week” Sweepstakes(the “Sweepstakes”) is open to legal U.S. residents who are Teachers (as defined below) and currently reside in the fifty (50) United States including the District of Columbia.  All entrants must be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, as of the date of entry.  Employees, officers, and directors of Stanley M. Herzog Charitable Foundation (“Sponsor”) or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

2. Sponsor: Stanley M. Herzog Charitable Foundation., 105 NW 188th St., Smithville, Missouri 64089 USA

How to Enter: During the Sweepstakes Period, to enter, you must (1) be an educator who is currently employed by a private school or homeschools (a “Teacher”), follow @herzog_foundation on Instagram, like our Instagram post about this Sweepstakes (the “Instagram Post”), comment the school you teach at on the Instagram Post and tag a co-worker (who is at least eighteen (18) years of age or the age of majority in their jurisdiction of residence) (“Initial Entry”).  You may obtain a Bonus Entry (as defined herein) and to obtain such Bonus Entry, you must (2) have complied with the requirements to obtain your Initial Entry, and then share the Instagram Post on your Instagram’s story (“Your Instagram Story Post”), and tag @herzog_foundation in Your Instagram Story Post (the “Bonus Entry”) (the Initial Entry and Bonus Entry together, the “Entry Conditions”).  Upon completion of the Entry Conditions, you automatically will be entered with two (2) entries into the Sweepstakes.  You must provide all required information to be eligible to enter and win.  All potential winners are subject to verification before any prize will be awarded.  Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. LIMIT ONE (1) INITIAL ENTRY PER PERSON AND (1) BONUS ENTRY PER PERSON.  ADDITIONAL ENTRIES WILL BE DISQUALIFIED.  Automated or bulk entries or entries submitted by third parties will be disqualified.  Entries must be submitted by the contestant.  Any attempt by any participant to obtain more than one (1) Initial Entry and one (1) Bonus Entry by using multiple and/or different identities, Instagram accounts, or any other methods will void all of that participant’s entries, and that participant may be disqualified at Sponsor’s discretion.  Multiple participants are not permitted to share the same Instagram account.  In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to complete the Entry Conditions will be deemed to be the registrant.  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 (and who has registered that email address with Instagram).  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Entries specifying an invalid, non-working, or inactive Instagram account will be disqualified and ineligible to win. You must complete the Initial Entry requirement of the Entry Conditions above to be eligible to enter.  Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. 

4. Selection of Winners:  On 10 May 2024, Sponsor will select the name of the potential winner of the prize in a random drawing from among all eligible entries received using a random drawing tool.  The odds of winning are based on the number of eligible entries received.  The potential prize winner will be notified by direct message to their Instagram account on or about 10 March 2024.  Except where legally prohibited, the potential prize winner must sign and return, within two (2) Business Days (“Business Days” are from Monday to Friday, except statutory holidays)  of being notified, an Acknowledgement of Eligibility and Release (“Acknowledgement Release”) in order to claim their prize.  If a potential prize winner cannot be contacted in person via Instagram after the first attempt to contact them, or if a potential prize winner fails to sign and return the Acknowledgement Release or any other required documents within the required time period, or in the event that a potential prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.  Only two (2) alternate drawings will be held, after which any remaining prize will remain un-awarded.

Verification of Potential Winners:  ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. 

5. Prizes: Three (3) prizes will be awarded, one (1) prize to each winner, with a total actual retail value of US $150, consisting of:

Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner.  Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitutions at its sole discretion.  Prizes cannot be used in conjunction with any other Sweepstakes or offer.     

6. General Conditions:  Subject to applicable law, Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.  Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  Subject to applicable law, if, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) terminate the Sweepstakes (or any portion thereof), (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 

7. Release and Limitations of Liability:  By participating in this Sweepstakes, entrants agree that Sponsor, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize.  No more than three (3) prizes will be awarded.

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND (TO THE EXTENT PERMITTED BY APPLICABLE LAW) SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Publicity Release.   EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY FORM, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. 

9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the state and federal courts in the State of Missouri; (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’ fees; and (3) 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 the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.

10. PRIVACY NOTICE: Any personal information sent to, shared with or collected by Sponsor in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy found here.  Sponsor and the affiliates, subsidiaries, representatives or service providers of Sponsor may use entrants’ and/or referrals’ personal information submitted with entry for purposes of managing the sweepstakes, for prize fulfillment and/or for future marketing by Sponsor, including to notify them of a product or promotion that Sponsor thinks may be of interest.

11. Official Rules and Winners List: For a copy of the Official Rules, visit https://herzogfoundation.com/teacher-appreciation-week-sweepstakes/ or send a stamped, self-addressed envelope for receipt by 9 May 2024 to: Sweepstakes at Stanley M. Herzog Charitable Foundation, 105 NW 188th St., Smithville, Missouri 64089 USA. For a list of winners available after 10 May 2024, send a stamped, self-addressed envelope for receipt not later than 19 March 2024 to: Sweepstakes at Stanley M. Herzog Charitable Foundation, 105 NW 188th St., Smithville, Missouri 64089 USA.

Copyright ©2024 Stanley M. Herzog Charitable Foundation.  All marks and logos are trademarks of Stanley M. Herzog Charitable Foundation in the United States and abroad.  All rights reserved.