NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
Sponsor is Merriam-Webster,, Inc., 47 Federal Street, Springfield, MA 01105 USA ("Sponsor"). PayPal, Inc. (“Paypal”) is not is not a sponsor or otherwise responsible for the collection, submission or processing of entries, the administration of the Contest or the selection of winners.
The Haiku That Can Pay You Contest (the “Contest”) begins June 5, 2019 at 12:00:00 p.m. US Central Daylight Time (“CDT”) and ends June 18, 2019, 12:00:00 p.m. U.S. CDT (the “Promotion Period”). ALL ENTRIES MUST BE RECEIVED BY June 18, 2019 AT 12:00:00 P.M. CDT. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant unconditionally accepts and agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules and the decisions of Sponsor. This is a skill-based contest and chance plays no part in the determination of winners.
WHO MAY ENTER
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. Entries will be accepted only from individuals who are at least eighteen (18) years of age or the age of majority in his or her state of residence, which ever is greater,at the time of entry and who are legal residents of the fifty (50) United States of America or the District of Columbia. Officers, directors and employees ofMerriam-Webster, Inc. or Paypal, Inc., and each of their respective parents, subsidiaries and affiliates (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and their respective immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible to enter the Contest or win a prize. CONTEST IS VOID WHERE PROHIBITED.
HOW TO ENTER
Each entry consists of an entry form and a single haiku, (collectively, the “Submission”). To enter, visit https://haikuthatcanpayyou.pgtb.me/36wh5V (the “Website”); complete an entry form with the required information, including your name, address, telephone number, and e-mail address; and submit along with your Submission in accordance with the instructions provided on the Website. There is no limit on the number of entries per person. Each Submission must comply with the guidelines, located on the Website as well as the following requirements (the “Submission Requirements”):
Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Promotion Period. The Website’s database clock will be the official time keeper for this Contest. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected entry may be disqualified. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing or transmission of the Submissions in the Contest. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions. The entries will be judged in accordance with the “Judging Criteria”, as defined below. All Submissions must be submitted and received by June 18, 2019 at 12:00:00 p.m. CDT. Proof of submission is not proof of receipt. Submissions must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be removed from the Website and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
Once a Submission is uploaded to the Website it may be made available on the Website and/or Sponsor’s social media accounts and/or websites for viewing by the general public and any such posting will be deemed made at the direction of the entrant. Judging consists of an evaluation by a panel of judges selected by Sponsor from its internal editorial team(“Judges”), who will select up to three (3) finalists (each a “Finalist”) from among all eligible Submissions based on the following criteria (“Judging Criteria”): (1) Creativity 50% and (2) general poetic merit 50%. Each Finalist will be named either a First Place, Second Place or Third Place Prize Winner based on their score. Winners will be chosen mid to late-June, 2019 and will be notified by e-mail using the information provided at the time of entry. Decisions of the Judges are final and binding and not subject to appeal. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner may be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
First Place Prize: The First Place Prize Winner will receive a cash prize of US $1,000.
Second Place Prize: The Second Place Prize Winner will receive a cash prize of US $500.
Third Place Prize: The Third Place Prize Winner will receive a cash prize of US $250.
If Entrant provides a PayPal Account as part of the Submission and is selected as a Finalist, the prize shall be directly deposited into such Entrant’s PayPal account once the “Prize Claim Documents” (defined below) are provided by entrant. Having a PayPal account is not necessary to claim prize.
Potential winners shall be required to sign and return within five (5) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility (including proof of age and residence), Liability Release, and (where imposing such condition is legal) a Publicity Release, Warranty of Ownership, and License (the “Prize Claim Documents”) in which the entrant warrants that he/she is the owner of the Submission (and all the intellectual property rights in the Submission) and grants to Sponsor and its licensees the License described below. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. If applicable, winner’s guest must sign and return a Liability Release and, where legally permissible, a Publicity Release. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between guidelines, disclosures or other statements contained in any such promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER. The Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
Each person who enters this Contest represents and warrants as follows: (i) except as set forth herein, the Submission is the entrant’s own, produced by entrant; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant) hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably and unconditionally grants to the Promotion Entities, their respective successors and assigns the right (but not the obligation) to use entrant’s Submission in whole or in part, to reproduce, distribute, display and create derivative works of the entrant’s Submission (along with a name credit) in connection with the Contest, Paypal and the marketing, advertising and promotion of the Contest or PayPal, in any media now or hereafter known, for no additional compensation, as well as in and in connection with a display at a potential exhibition of winners, in any and all languages, by any and all means, media, devices, processes and technology now known or hereafter devised, in perpetuity throughout the universe at no charge to the Promotion Entities. Without in any way limiting the foregoing, the Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which they deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. The Promotion Entities shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. The Promotion Entities shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Contest or win a prize.
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media in connection with the Contest and the advertising and promotion thereof and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
LIMITATION OF LIABILITY
Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision in these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor reserves the right to verify the validity and originality of any Submission and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits a Submission that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE
Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS
Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Chicago, IL; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Promotion Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Promotion Entities; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Promotional Entities (or any one of them) exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Promotion Entities shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at https://haikuthatcanpayyou.pgtb.me/36wh5V on or about July 8, 2019.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Sponsor to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Merriam-Webster Inc. – 47 Federal Street – PO Box 281 – Springfield, MA 01102. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Sponsor to such individual.
Copyright 2019 Merriam-Webster