NYHELPs Awareness Survey Promotion - Official Rules
No purchase necessary to be eligible to enter or win. Void where prohibited.
To participate in this promotion you must be a New York State resident and be at least 18 years of age.
To enter, go to HESC.org/NYHELPs between 12:01 a.m. ET on June 8, 2010 and 11:59 p.m. ET on August 30, 2010 and complete and submit the survey pursuant to the onscreen instructions. A maximum of twenty (20) winners will each receive a $25 Barnes & Noble Gift Card (the “prize”).
Barnes & Noble Gift Cards can be used to purchase any product or a Barnes & Noble Membership at any Barnes & Noble store nationwide or on Barnes & Noble.com (www.bn.com). Barnes & Noble Gift Cards will not be exchangeable for cash except where required by law. Barnes & Noble Gift Cards are issued by Barnes & Noble Marketing Services Corp. Other conditions may apply. See www.bn.com and the back of Barnes & Noble Gift Cards for details. Winners will be selected in a random drawing from among all the eligible entries received by August 30, 2010. The drawing will be conducted by the NYS Higher Education Services Corporation (HESC), all of whose decisions pertaining to this promotion will be final. A participant’s chances of winning will depend upon the total number of eligible entries received. Winners will be notified via email on September 1, 2010. Barnes & Noble is not a sponsor or co-sponsor of this promotion. Please see back of gift card or visit www.bn.com for terms and conditions of use. Barnes & Noble is not liable for any alleged or actual claims related to this offer.
The names of the prize winners will be posted on HESC’s website at HESC.org on September 8, 2010 and will remain posted there until September 30, 2010. By entering the contest you agree that HESC may post your name on HESC’s website at HESC.org if you are a prize winner. HESC reserves the right, at its sole discretion, to change any and all deadlines contained herein without any liability of any kind to HESC. If HESC decides to change any or all deadlines contained herein, such changes, and any new deadlines will be posted online at HESC.org. Incomplete entry forms or entry forms that have been tampered with will be disqualified. Winners will be contacted via email for a valid New York State mailing address at which HESC will mail entrant’s prize won hereunder. Winners should allow a minimum of three weeks for delivery of prizes won hereunder. Federal, state and local taxes, charges and incidental costs, if any, are the sole responsibility of the prize winner.
ENTRIES: There is a limit of one (1) entry per person. Multiple entries from the same person will be disqualified. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Proof of submission of a survey form does not constitute proof of receipt of that form by HESC. HESC is not responsible for incomplete or inaccurate entries. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (such as a business or an educational institution) that is responsible for the assigning of email addresses for the domain associated with the submitted email address. Authorized account holders must also meet all eligibility requirements of this promotion in order to be eligible for any prize winnings hereunder.
ELIGIBILITY: This promotion is open to legal residents of New York State who are at least eighteen (18) years old. Employees of HESC, its advertising and promotional agencies, and Barnes & Noble (and members of their immediate families and/or those living in the same household of each such employee) are not eligible to win hereunder. By submitting this survey each entrant agrees that they have met and are bound by these eligibility rules.
CONDITIONS OF PARTICIPATION: Online entrants must have a valid email address. It is the entrant’s responsibility to update HESC of any change in email address that occurs after entering the promotion and before the prizes are awarded. Entrants agree to be bound by the terms of these Official Rules and by the decisions of HESC, which are final and binding on all matters pertaining to this promotion. Winners may be required to sign and return an Affidavit of Eligibility within 7 days following the date HESC first attempts to notify them that they have won a prize hereunder. Failure to comply with this deadline may, at HESC sole option and without any liability to HESC, result in the forfeiture of the prize and the selection by HESC of an alternate winner. The return of any prize or prize notification to HESC as undeliverable may, at HESC sole option and without any liability to HESC, result in the disqualification of the entrant and the selection by HESC of an alternate winner. By accepting a prize, the winner agrees to hold HESC harmless for any injury or damage claimed by the winner to have been caused by participation in the promotion or by acceptance or use of the prize. HESC is not responsible for any printing, typographical, mechanical or other error in the presentation of the offer, the administration of the promotion or in the announcement of the prize. Void where prohibited.
INTERNET: HESC is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials or for technical, network, telephone-equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by HESC on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including, without limitation, infection by computer virus, natural disaster and/or other acts of God, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, HESC reserves the right at its sole discretion, to cancel, terminate, modify or suspend the promotion without any liability to HESC of any kind to any entrant, organization or third party.
HESC’s PREROGATIVES:
HESC reserves the right to select winners from the eligible entries received. HESC further reserves the right to disqualify any individual who, in HESC’s sole judgment, tampers with the entry process.
HESC will disqualify an entrant from participating in the promotion if, in HESC’s sole judgment, it determines that said entrant is attempting to undermine the legitimate operation of the promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten, or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the promotion is a violation of criminal and civil laws and, should such an attempt be made, HESC will seek damages from any such participant to the fullest extent of the law.
DISCLAIMERS AND LIMITATION OF LIABILITY:
HESC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HESC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THIS PROMOTION OR WINNING OR USE OF A PRIZE.
Notwithstanding 11A above, each entrant agrees that by submitting an entry form to participate in this promotion, any and all disputes, claims and/or causes of action arising out of or connected with this promotion (or any prize awarded hereunder) shall be resolved individually, without resort to any form of class action, and that, pertaining to said disputes, in the event a court of competent jurisdiction finds any liability on HESC’s part via any claims and/or causes of action: (A) any and all claims, judgments and/or compensatory awards shall be limited to a maximum of the value of a single prize ($25.00), (B) in no event will attorneys’ fees be awarded, (C) no punitive, incidental, special, consequential or other damages, including without limitation lost profits (collectively, “Special Damages”) may be awarded, and (D) the entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Any and all damages are subject to the availability of lawful appropriations. Entrants agree to subject themselves to the jurisdiction of the New York State Court of Claims or other New York State Court of competent jurisdiction as applicable. New York State law, without reference to New York’s choice of law rules, governs this promotion and all aspects related hereto
NO EFFECTS: Participation in this survey has no bearing whatsoever on the entrant’s eligibility to participate in financial aid programs operated or administered by HESC, including the NYHELPs program.
