OFFICIAL RULES

 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

1. Entry Period: The Promotion consists of a contest (“Contest”). The Contest consists of a submission period that begins at 12:00 AM ET on October 1, 2025 and ends at 11:59:59 PM ET on November 30, 2025 (“Submission Period”) that is followed by a judging period that begins at 12:00 AM ET on December 1, 2025 and ends at 11:59:59 PM ET on January 31,  2026 (“Judging Period”). The Submission Period and the Judging Period are collectively the “Contest Period”. All entries must be received during the Submission Period to be eligible. Eastern Time shall control for all purposes of this Contest. Sponsor shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited or restricted by law or regulations.

 

2. Eligibility: “Entrant” is the person submitting the nomination of a Nominee. “Nominee” is the person who is being nominated to win. Entrant and Nominee may be the same person. Entrants and Nominees  must be legal residents of any of the fifty (50) United States and the District of Columbia and at least twenty-one (21) years of age. In addition, Nominees must be a pre-kindergarten through fifth grade licensed full-time teacher employed in an accredited public or private school in the United States of America during the 2025-2026 school year. All eligibility requirements apply both at the time of entry and throughout the Contest Period. Proof of eligibility may be required to be verified as a winner. 

 

Employees of Sponsor, Sponsor’s promotional partners or administrations, Facebook, Instagram,  and the subsidiaries, divisions, affiliates, advertising or promotional agencies of each, and the immediate family and household members of such individuals, whether related or not, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, domestic partners or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive a prize, each Entrant and Nominee and potential winner must fully comply with the Official Rules, mandatory arbitration of disputes, limitation on rights and remedies, and Sponsor’s and Sponsor-designated judges’ decisions, which shall be binding and final in all respects relating to this Contest. Winning a prize is contingent upon both the Entrant and Nominee fulfilling all requirements set forth herein, including Nominee consenting to a background check. 

 

3A. How to Enter:

To enter, each Entrant should go to https://form.123formbuilder.com/6251675/teacher-of-the-year-application-form and follow the on-screen prompts to nominate a Nominee who meets the above eligibility requirements. Self-nominations are permitted. All entries must meet the requirements outlined below and all requirements of the Official Rules, in Sponsor’s sole discretion.  NOTE: the Winner of a prize will be a Nominee and NOT the Entrant.  

 

Entries must include:

• Nominator’s name/address/email/phone and Nominee name/phone/email/grade level/school where employed /school principal and contact (These may be the same if self-nominating)

• A description of the nominee's impact on literacy and education during their tenure in the professions (up to 1000 words).

• Optional: Awards, accolades nominee has received 

(collectively, the “Entry”).

 

Only one Entry for a specific Nominee per Entrant. 

 

Sponsor reserves the right in its sole discretion to disqualify any Entry that it believes, in its sole discretion, violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Use of script, macro or any device to participate is prohibited. Entries by the same person in excess of the above entry limits will be disqualified. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned. By submitting an Entry, Entrant agree to the grant of rights set forth below, to have Entrant’s Entry posted on the Internet. Any attempt by any Entrant to enter by using multiple/different email accounts, social media accounts, identities or any other method will void that person’s entries and he/she/they may be disqualified from further participation in the Contest. 

 

3B. Nomination Requirements: 

Entries must:

• Be no more than 1000 words in English only, except for commonly understood non-English words, in Sponsor’s sole discretion. 

• Have been created by Entrant, without the use of any generative automated intelligence. Should the Nomination contain any elements over which Entrant does not have control or ownership or which are subject to the rights of any third parties, including but not limited to the rights of privacy or publicity of any people shown in the Entry or any materials subject to intellectual property protection, Entrant represents and warrants that he/she/they has obtained, prior to submission of the Entry, any and all necessary and legally binding releases and consents to submit the Entry and allow Sponsor to exhibit the Entry in the manner contemplated by these Official Rules. Sponsor reserves the right to request proof of these permissions in any form it so requires and at any time. Failure to provide satisfactory proof, in Sponsor’s sole discretion, may render the nomination to be an ineligible Entry.

• Not have been previously submitted to any contest or promotion of any kind.

• Not have been previously published, released or distributed in any form

• Not have won any award.

• Not be the work product of any person or nominates a Nominee who,  either alone or in conjunction with otherparties, is/are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display the nomination in any media form; or 2) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Entry worldwide in whole or in part, in any format or modification, in all media in perpetuity on a royalty-free basis, without any payment or fee obligations in accordance with the Grant of Rights in these Official Rules. 

• Not contain any logos or trademarks or brand names of any third parties

• Not have been copied, in whole or in part, from any other work.

• Not contain material that, in the sole discretion of Sponsor:

  • Disparages any person or disparages Sponsor, any of its affiliates, any of its competitors, or any of their respective products or services.

  • Violates or infringes upon the intellectual property or other rights of any third party.

  • Appears to intentionally duplicate any other entries.

  • Is hateful, tortious, defamatory, slanderous, or libelous.

  • Promotes bigotry, racism, sexism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Uses the names, likenesses, voices, or other indicia identifying any other person, living or dead, besides the Nominee, without necessary and legally binding permissions. 

  • Promotes alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing).

  • Promotes any activities that may appear to be unsafe, dangerous, or unlawful.

  • Is unlawful.

  • Includes any sexually explicit, lewd, offensive, disparaging, or other inappropriate content.

  • Includes any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

  • Communicates messages or images inconsistent with the positive images and good will with which Sponsor wishes to associate.

 

4. Selection of Winners:  During the Judging Period, the Entries will be judged first by Sponsor to come up with up to ten finalist entries. Those finalist entries will then be judged again by a panel of judges selected by the Sponsor in its sole and absolute discretion (“Judges”). Sponsor and then the Judges will score the entries according to the following weighted criteria: (i) Problem Solving & Student Impact: 50%; (ii) Innovation & Creativity: 30%; and (iii) Inspires Optimism: 20% (“Judging Criteria”).

Tie-Breaker: In the event of a tie, the Entry with the highest score in criterion “Problem Solving and Student Impact” will be declared the winner. In the event there are still any ties, the Entry with the highest combined score in “Problem Solving & Student Impact” and “Innovation & Creativity” will be declared the winner. 

Potential winners (Nominees and their corresponding Entrants) may be subject to verification of eligibility and compliance with these Official Rules, in Sponsor’s sole discretion before any Nominee is confirmed as the actual Winner (“Winner”). 

Odds of winning depend on the nature, quality, and number of eligible entries received. Sponsor reserves the right to choose fewer potential Winners or no Winners at any level of the contest should it not receive sufficient number of entries. Decisions of judges are final and binding and will not be revealed. Decisions of judges cannot be appealed.

​

5. Prizes 

 

Grand Prize (1): One grand prize winner will receive one (1) $1,000 check from StoryBook Treasures and StoryBook Treasures kits for twenty-five (25) students. Each StoryBook Treasures kit includes: Tote bag, book, treasure toy that goes with the book, and t-shirt. Approximate Retail Value of Prize: $1725

 

The approximate retail value of the prizes set forth above represents Sponsor's good faith determination of the ARV thereof, and such determination is final and binding and cannot be appealed. 

 

One prize per person. No transfer, refund, cash redemption, substitution, cash equivalent, or replacement of prize permitted by Winner, except that Sponsor reserves the right, in its sole discretion, to substitute the prize or its elements for those of equal or greater value (or cash equivalent). In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Winners are solely responsible for the reporting and payment of all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. If applicable, all investment gains and losses, taxes, fees, federal, state, local or other expenses relating to the use, acceptance, and possession of prize, including any fees related to awarding the prize, are the sole responsibility of Winner. 

 

In the event Sponsor is prevented from awarding any component or portion of the Prize,  by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, pandemic, 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, or order of any court, or other cause, Sponsor shall have no liability.

 

In no event will more than the stated number of prizes be awarded. Unless prohibited by law, Sponsor reserves the right to choose fewer potential Winners should it not receive sufficient number of entries. Sponsor is not responsible for prize components governed by or provided by third-party providers. 

 

Any portion of the prize not accepted or unclaimed and/or unused by the Winner will be forfeited and will not be substituted. Redemption of the prize is subject to the then-existing and relevant laws. Prize is void 1) where or when/if prohibited; 2) if Sponsor  files or institutes bankruptcy, reorganization, liquidation, or receivership proceedings; 3) assigns a substantial portion of its assets for the benefit of creditors; or 4) assigns all right, title and interest in Storybook Treasures, Inc. to another entity. Sponsor is not responsible if the prize or any portion thereof becomes void due to any changes in the law.

 

6. Winner Notification: Potential winners will be notified via phone and/or email on or about February 2, 2025. Potential winners must respond to all attempts at notification within 48 hours and all subsequent requests for winner verification information within 48 hours, based on Sponsor’s clock.

Potential winners will be required to provide verification of employment from the employer’s school principal (with such principal’s contact information) as well as execute an Affidavit of Eligibility and Publicity Release. If a potential winner fails or refuses to complete the verification process within the required deadlines, the potential winner may be disqualified and an alternate winner may be selected. Each potential Contest Prize winner may be subject to one or more background check(s) and/or such other investigations, checks and verifications as may be determined by the Sponsor in its sole and absolute discretion, which may be conducted at any time after entry (including, without limitation, before being confirmed as a Contest winner and before the Contest Prize is fulfilled). Sponsor reserves the right to disqualify any potential Contest Prize winner or Contest Prize winner if Sponsor determines in its sole and absolute discretion that awarding a Contest Prize to any such individual might reflect negatively on the Sponsor. If a potential winner or winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the respective prize may be forfeited, and in the Sponsor’s sole and absolute discretion, the forfeited prize may be awarded to an alternate winner with the next highest score or not re-awarded, as determined by Sponsor in its sole and absolute discretion. 

Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by potential winner for any reason. In Sponsor's sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible Entrants’ nominations if selected potential winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted; (ii) declines or cannot accept, receive or use the prize for any reason; (iii) is found to be ineligible to enter the Contest or receive the prize; or (iv) cannot or does not comply with any provision of these Official Rules. Forfeited or unclaimed prizes may not be awarded. Sponsor is not obligated to contact potential winner in any other manner than otherwise mentioned in these Official Rules. Selected potential prize winners may be required to participate in a background check and complete (as directed by Sponsor) an Affidavit of Eligibility, Release of Liability and Publicity Release and W-9 (where permitted by law) (collectively, the "Affidavit"). If potential prize winner does not comply with these requirements, in Sponsor's sole discretion, prize may be forfeited and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible Entrants’ nominations. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any. 

 

In the event that a materially similar Entry is received from more than one (1) Entrant, in Sponsor’s sole discretion to determine, the Entry will be deemed to be submitted only by the first Entrant from whom the Entry was received. In the event of a dispute regarding the identity of an individual who actually submitted an online Entry, the Entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder.

 

ANY POTENTIAL WINNERS ARE SUBJECT TO A POSSIBLE BACKGROUND CHECK AND VERIFICATION BY SPONSOR AND ITS ADMINISTRATORS AND AGENCIES, AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  SHOULD THE BACKGROUND CHECK RESULTS REVEAL ANY PENDING CRIMINAL CHARGES, FELONY CONVICTIONS, OR OTHER INFORMATION THAT WOULD REFLECT NEGATIVELY ON SPONSOR OR ANY PERSON OR ENTITY AFFILIATED WITH SPONSOR, IN SPONSOR’S SOLE DISCRETION, THEN SPONSOR RESERVES THE RIGHT TO DISQUALIFY THE RELEVANT POTENTIAL WINNER AND SELECT ANOTHER POTENTIAL WINNER.

 

7. Grant of Rights: Entrant irrevocably grants Sponsor, its subsidiaries, divisions, affiliates, and advertising and promotional agencies, (i) an unlimited, perpetual, irrevocable, worldwide,  royalty-free, sublicensable, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit, whether for profit or not, and/or otherwise use the Entry (in whole or in part) and copyrights therein in any way and in any and all media, in Sponsor's sole discretion, including but not limited to, the posting on social networking sites or any websites owned or operated by Sponsor or its affiliates, divisions or subsidiaries; (ii) consents to the Sponsor doing or omitting to do any act that would otherwise infringe the “moral rights” of Entrant or anyone else depicted in any Entry; (iii) acknowledges and agrees that Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise with respect to the infringement or protection of any copyright in and to your Entry materials (iv) understands and agrees that Entries may be formatted, edited, repurposed, altered or otherwise converted in order to be viewable on the Website and for promotional use on Sponsor’s social media channels and/or marketing materials. Upon Sponsor's request, Entrant agrees to sign any and all legal forms deemed necessary by Sponsor in connection with the above grant of rights. 

Entrants and Winners agree that Sponsor shall be under no obligation to make any use of the Entry or to exercise any of the rights granted herein and that Sponsor is not responsible for any unauthorized use of Entry by third parties. Entrants and Winners shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, alteration, faulty reproduction, or use in any composite form of the Entry.

 

Except where prohibited by law, by accepting a prize, each Winner and each corresponding Entrant who nominated the Winner, agree and acknowledge that Sponsor and any of its designees may, without any limitation or further compensation, use Entrant who nominated the Winner’s and  Winner’s full name, city and location of residence, or other likenesses, avatars, entries, pictures, portraits, voices, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval (“Publicity Release”). Entrants and Winners agree and acknowledge the requirements of this paragraph and the Official Rules in their entirety. 

 

8. No Tampering, Right To Cancel, Modify: Sponsor shall not have any obligation or responsibility, including any responsibility to award any prize to entrance, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind; (c) entries who have committed fraud or deception in entering or participating in this Contest or claiming the prize; (d) internet, telephone, electronic, hardware, software, network or computer malfunctions, failures, or difficulties; (e) typographical, printing or other errors or omissions in these Official Rules, in any Contest-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise including, without limitation, errors or problems which may occur in connection with the administration of the Contest, in the processing of entries, in the selection or announcement of Winners or in the awarding of prizes; (f) any inability of the Winner to accept the prize for any reason; (g) if a prize cannot be awarded due to delays or interruptions due to fire, flood, earthquake, explosion, labor dispute or strike, pandemic, 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, or order of any court, or other cause, or any other similar event beyond Sponsor’s reasonable control; or (h) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest. 

 

If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, phone malfunctions, or any other causes beyond Sponsor’s control, which affects the proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest. In such event, Sponsor may, in its sole discretion, award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor also reserves the right to disqualify any individual who tampers with the entry process. Sponsor further reserves the right to cancel or suspend part or all of this Contest  for any reason, in its sole discretion. 

 

PLEASE NOTE THAT ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AT LAW OR IN EQUITY FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.

 

9. Representations and Warranties/Indemnification: By entering this Contest, each Entrant represents and warrants as follows:  (i) Entrant’s Entry is Entrant's own original work and was created solely by Entrant for the purpose of entering the Contest and that Entrant owns and controls the Entry and all rights in it throughout the world; (ii) the Entry, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry has not been previously published, distributed or otherwise exploited; (iv) the Entry does not and will not infringe the copyright, trademark, or other personal or proprietary rights of any person or entity or constitute a libel or defamation of or an invasion of the rights of privacy of or publicity of, or otherwise violate or infringe upon any other personal property or other rights of any person or entity; (v) that all people referenced in any Entry have given permission to participate in this Contest and to have their name/likeness/image appear on the Internet;  (vi) the Entry meets all requirements of the rules; (vii) Entrant agrees to abide by and be bound by the Rules the Judges’ and Sponsor’s decisions (which shall be final and binding in all respects) and Sponsor’s privacy policy; (viii) the Entry does not and will not violate any applicable laws or contractual obligations of Entrant or Nominee. Each Entrant and Winner hereby agrees to indemnify and hold harmless the Sponsor, Facebook, Instagram and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors 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. 

 

10. Release of Liability; Disclaimer of Warranty: By participating in the Contest, Entrants and Winners agree to release and hold harmless Sponsor, Facebook, Instagram, and each of their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity, loss of or inability to access the prize,  and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to Entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest or for a Winner’s inability to access or loss of the prize. 

 

SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, OR PROPERTY THEFT OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO RECEIVING OR USING THE PRIZE.

 

 To the maximum extent permitted by applicable law, the Released Parties make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize or any component thereof in connection with the Contest. To the maximum extent permitted by applicable law, and without limiting the generality of the foregoing, prizes are provided “as is” without warranty of any kind, either expressed or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

 

11. Use of Data: All information submitted by Entrants, including Nominee information, and Winners will be treated according to Sponsor’s privacy policy, available at: https://www.storybooktreasures.org/privacy-policy. By participating in the Contest and providing other personally or non-personally identifiable information, entrants and Winners hereby agree 1) to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy, and 2) Entrant is providing such information to Sponsor. In the event of any inconsistency between the Terms of Use/Privacy Policy and these Official Rules, then these Official Rules shall control.

 

12. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision.

 

13. Disputes:

PLEASE READ THIS "ARBITRATION" SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. 

 

 Before initiating any formal dispute resolution proceedings, each  Entrant and Winner  agrees to negotiate with Sponsor in good faith on an individual basis. Except where prohibited by law, by entering the Contest, Entrant agrees and consents that 1)any and all disputes, claims, causes of action or proceedings arising out of or relating to the Official Rules, this Contest, or the awarding of the prize in the Contest (“Disputes”) shall be resolved by mandatory, binding arbitration before a single arbitrator in accordance with the applicable Commercial Arbitration Rules of the American Arbitration Association (“AAA”) (provided that, if for any reason AAA declines to administer the arbitration, the dispute may be arbitrated before JAMS, Inc. or another mutually agreed upon arbitration service pursuant to its own rules for expedited consumer arbitration) ; and 2) any and all Disputes will be resolved individually, without resort to any form of class action. The arbitration shall be held via documents only, unless the applicable arbitration service provider rules provide for live hearings or for either side to petition for live hearings. In that case, at your option, arbitration hearings may be held by via video hearing or at a mutually-agreeable in-person location.  The arbitration will be conducted in English, and be confidential.  The Federal Arbitration Act, and not any state law concerning arbitration, shall apply. Unless the AAA’s rules dictate otherwise (in which case AAA’s rules shall apply), all administrative costs of any arbitration shall be split equally between the parties, and each party shall be responsible for paying its own attorneys’ fees, expert fees and expenses. Regardless of the amount in controversy, Sponsor will not request its attorney’s fees, filing fees, AAA administration and arbitrator’s fees (collectively the “Costs”) unless the arbitrator finds that your claims are frivolous or brought for an improper purpose.

 

To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages or injunctive relief, but shall only award the aggrieved party the actual damages sustained. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in LOUDOUN COUNTY, VIRGINIA and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. 

Arbitrator Authority. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section.

Exceptions.  There are only three exceptions to this arbitration agreement: 1) Either Entrant or Sponsor may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; 2) if Sponsor reasonably believes that Entrant has threatened to infringe its intellectual property rights, Sponsor may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and 3) if the arbitrator finds that the arbitration agreement, including class waiver, is unenforceable, in whole or part, the entire arbitration provision shall be null and void and either party may file the action in court.

If for any reason a claim proceeds in court rather than through arbitration, 1) Entrants and Sponsor each waive any right to a jury trial; 2)any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering the Contest but in no event attorneys' fees or legal expenses; and 3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, exemplary, indirect, special, incidental or consequential damages, any other damages (whether due to negligence, strict liability, contract or otherwise), other than actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased.

Governing Law. These rules, their interpretation, and any Disputes arising from them, shall be governed by Virginia law, without regard to conflict of law rules or principles. 
 

14. Winners List: Sponsor will post a Winner’s list at StoryBookTreasures.org

 

15. Rules Requests: The Official Rules are available online at: https://www.storybooktreasures.org/totyrules2526.

16. Sponsor: The Contest is sponsored by StoryBook Treasures, Inc.  (“Sponsor”), 42437 Holly Knoll Ct, Ashburn, VA, 20148 and Duperon.(the “Sponsors”).

17. Sponsor Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated Facebook or Instagram. Any and all questions, comments, or complaints regarding the Contest must be directed to Sponsor, not to any other entity. All third party trademarks referenced in the administration of this Contest are property of their respective owners. Sponsor’s use of such trademark(s) is solely to describe the Contest process and not to suggest any affiliation or sponsorship.