Custom Ink Unsung Heroes of School Spirit Awards Official Rules
Custom Ink Unsung Heroes of School Spirit Awards Official Rules
No purchase necessary to enter or win a prize in this Contest (defined below). A purchase will not increase your chances of winning. Void where prohibited by law.
Each winning nominee may be required to execute prize acceptance documents and return them within forty-eight (48) hours from date of issuance of notification or prize may be forfeited (in sponsor’s sole discretion), as more fully detailed below.
By entering this Contest, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation and to the fullest extent permissible by law, this contract includes agreement to arbitrate disputes, indemnities to the Sponsor (defined below) from you, and a limitation of your rights and remedies. By participating, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements.
Sponsor may require the nominator for a winning nominee to cooperate with Sponsor during the contest and each nominator agrees to cooperate as requested.
OVERVIEW: The Custom Ink Unsung Heroes of School Spirit Awards (“Contest”) is a nomination-based promotion and is sponsored by Custom Ink, LLC, 1640 Boro Place, Suite 301, McLean, VA 22102 (“Sponsor”). Eligible individuals (“Nominees”) may be nominated by completing and submitting a nomination at https://www.customink.com/contest/school-spirit-heroes (“Contest Site”) beginning at 12:00:00 am Eastern Time (“ET”) on August 3, 2026, through 11:59:59 pm ET on August 12, 2026 (“Nomination Period”). Anyone 18 or older may nominate an eligible Nominee. Each person who nominates a Nominee is referred to in these Official Rules as a “Nominator.” Nominees may not nominate themselves. Nominees will be evaluated by Sponsor-selected Judges (defined below), who will select ten (10) Nominees as the potential winners in accordance with the judging criteria detailed under the “Winner Selection/Notification” section below. Prizes will be awarded to the winning Nominees, with donations made to the Nominee’s affiliate school, as detailed in the Prizes, Quantity And Approximate Retail Value section below. No prizes are awarded to winning Nominees’ Nominators. All taxes in connection with receipt of a prize will be the responsibility of the Nominees, as applicable.
ELIGIBILITY:
Anyone who is at least eighteen (18) years old may nominate an individual in this Contest.
Nominees in this Contest must be:
- A legal resident of the fifty (50) United States or the District of Columbia (“Territory”).
- At least eighteen (18) years old and the age of majority in their jurisdiction of residence on the date of nomination in this Contest, and
- A community member, e.g., a parent, teacher, etc. of an accredited K-12 school in the Territory that participates in the organization of school activities and efforts.
Nominee must be a natural person. Employees, officers, directors, members, managers, agents, and representatives and family members of Sponsor, any of its subsidiaries or affiliates, any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest, or any of their respective parent companies, divisions, subsidiaries or affiliates and any of the Contest Judges (the “Released Parties”) and household members of the foregoing, whether or not related, are not eligible to be a Nominee. For purposes of this Contest, the term “family member” is defined as spouse, partner, parent, legal guardian, in-law, grandparent, child, or grandchild.
All determinations regarding a Nominee’s eligibility will be made by Sponsor in its sole discretion. If at any point a dispute arises as to a Nominee’s satisfaction of the eligibility criteria, Sponsor may disqualify that Nominee and will have no liability to such person.
HOW TO ENTER: To nominate an eligible Nominee, during the Nomination Period, submit a nomination form through the Contest Site with all required information, including required contact information for Nominator, Nominee and affiliate school, a short original essay about your Nominee (“Essay”), and any other information requested by Sponsor (collectively, “Entry Information”). The Essay should tell a brief story about the Nominee’s efforts as an unsung hero in the school community. If required under applicable law, Nominators must obtain Nominees’ consent prior to sharing the Nominee’s personal information with Sponsor.
Each submission identifying an eligible Nominee that is completed and submitted in accordance with the terms of these Official Rules and all instructions of Sponsor is referred to in these Official Rules as a “Nomination.”
Nominators who do not follow all of the instructions, provide the required Entry Information in their entry and/or abide by these Official Rules or other instructions of Sponsor may be disqualified (as well as such Nominator’s Nominee) in Sponsor’s sole discretion. All Nominations must comply with the “Submission Requirements” detailed in that section below.
As a Nominator, you may only submit one (1) Nomination for any Nominee, though you may nominate as many Nominees as you wish during the Nomination Period. A person may not pay or otherwise improperly influence (as determined by Sponsor) a third party to submit a Nomination for them. Nominations must be submitted and received by Sponsor during the Nomination Period and in strict accordance with the instructions and restrictions on the Contest Site, and in these Official Rules to be considered in this Contest.
The Contest Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only Nominations that are actually received by Sponsor in accordance with these Official Rules will be considered. Other proof of submitting or attempting to submit a Nomination (such as, without limitation, a screenshot of a purportedly submitted Nomination) does not constitute proof of actual receipt of the Nomination for purposes of this Contest. Without limiting any other provision of these Official Rules, Sponsor will have no liability or responsibility for its inability to contact a Nominee due to Nominator having failed to provide or provided inaccurate contact information for the Nominee on the Contest Site. Nominators, Nominees, Nominations that do not abide by these Official Rules, the instructions of Sponsor (including those on the Contest Site) and/or that do not provide all required information may, in Sponsor’s sole discretion, be disqualified. Nominations, or other participation may not be acknowledged and will not be returned. Nominations (or participation that does not qualify as a “Nomination”) that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Nominees must be a natural person and any purported Nomination identifying an entity as the Nominee will be disqualified. Nominations originating at any web site other than the Contest Site, including, without limitation, through commercial promotion subscription, notification, or entering services, will be declared invalid and disqualified for this Contest. With respect to a potentially winning Nomination, the potential winner may be required to provide proof that they are the Nominee identified in the corresponding Nomination. If a dispute cannot be resolved to Sponsor’s satisfaction, the Nomination will be deemed ineligible. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Nominator and Nominee gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Nominations will not be acknowledged or returned and may be destroyed. Keep a copy or the original of each element of any Nomination.
SUBMISSION REQUIREMENTS
For purposes of these Official Rules, all content submitted by a Nominator or Nominee (including, but not limited to, the Essay, any pictures, images, descriptions, writings, explanations, and the Nomination) is referred to as the “Nominee Content.” All Nominee Content in this Contest must meet all of the following requirements (as determined by Sponsor in its sole discretion) or it will be disqualified and the purported Nominee will not be considered in this Contest:
- Nominee Content must be entirely in English.
- Nomination must abide by any restrictions (e.g., maximum word count) described on the Contest Site (as applicable).
- Essay must be between 100 and 500 words.
- File size for any photographs must comply with the technical requirements of the Contest Site.
- If any part of the Nominee Content depicts or includes any party other than Nominee or Nominator, Nominator must have all rights and permissions from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those rights and permissions upon request.
- Nominee Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Nominee Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of the Nominee.
- All aspects of the Nominee Content must be originally created by and solely owned by Nominator or Nominee or in the public domain, except that a submitted photo of the Nominee may be used with written permission. All third-party content and content unoriginal to Nominator or Nominee is prohibited, unless that content is in the public domain or, in the case of a submitted photo, is used with written permission.
- Nominee Content must be suitable for presentation in a public forum.
- Nominee Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Nominee Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, slanderous, libelous (including trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Nominator, Nominee, Released Party, or third party.
- Nominee Content must not contain or describe any harmful or illegal activity or content or in any way violate any laws, rules, or regulations.
- Nominator or Nominee (as applicable) agrees that their submission of the Nominee Content in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Nominee Content will not violate any agreement to which Nominator or Nominee, respectively, is a signatory or party.
- Nominator or Nominee (as applicable) hereby warrants that their Nominee Content is in full compliance with these Official Rules and agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Nominee Content submitted by such person that is authorized under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any Nominee Content that (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
WINNER SELECTION/NOTIFICATION:
Eligible Nominations will be judged by a panel of judges chosen by Sponsor in its sole discretion (“Judges”). The Judges will evaluate eligible Nominations based on the following equally weighted criteria (the “Criteria”):
- Story Authenticity & Specificity
- Demonstrated Impact of Their Work
- Role & Scope of the Organizer
- Organizer and School Embodiment of Values of Community, Inclusion and Respect
On or around August 17, 2026, each eligible Nomination will be scored by the panel of Judges in accordance with the Criteria. The ten (10) Nominees with the highest score will be selected as the potential winners of the prize. In the event of a tie the tie will be broken by the Nomination with the higher score for the first Criterion. If a tie remains, the tie will be broken by the Nomination with the higher score in the second Criterion and so on until the tie is broken. Sponsor reserves the right to contact Nominators and Nominees for verification purposes and administration of the Contest. Judges may rely on the Nominee Content in evaluating each Nominee and may also supplement the Nominee Content with their own research on the Nominee. All Judges’ decisions are final and binding in all matters relating to the evaluation of Nominations and selection of winners in this Contest. Sponsor may use artificial intelligence tools to preliminarily screen Nominations for eligibility. There is a limit of one (1) prize per Nominee in this Contest. In the event there are fewer than ten (10) eligible Nominations received in this Contest, Sponsor reserves the right to award fewer prizes.
Sponsor or its designee will attempt to notify the potential winners in this Contest the week of August 17th, 2026 by telephone or email (as determined by Sponsor in its sole discretion). The potential prize winners may, in Sponsor's sole discretion, be required to complete, sign, have notarized (if applicable), and return (at winner’s own cost) an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), a confidentiality agreement and tax documents (collectively, “Winner Documents”), any or all of which may require the potential winner to provide their Social Security Number, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. Potential winners must respond to Sponsor’s winner notification within forty-eight (48) hours and the Winner Documents, if applicable, must be received by Sponsor from the potential winner within forty-eight (48) hours of Sponsor sending the documents to the potential winner or other time frame as stated in the Winner Documents, or prize may be forfeited and an alternate winner may be selected. If any notification or other Contest-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The Nomination, prize claim, Winner Documents, and any documents required by Sponsor are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification, ten (10) winners will each receive a prize package consisting of a $500 merchandise credit for customink.com and a $500 VIP gift consisting of $200 and an assortment of Sponsor-selected customized products from Custom Ink . Total ARV of each prize: $1,000. Total ARV of all prizes: $10,000. Limit: one (1) winner per affiliated school.
Site credit will be emailed to winner’s email address and physical prize components will be shipped to winner’s mailing address. Site credit must be used within 12 months of issuance and must be used in a single order. If order totals less than $500 before taxes, any remaining site credit is forfeited. Winner is responsible for providing and/or verifying all contact information with Sponsor and Sponsor will have no liability for any inaccurate or outdated contact information. To claim $200, winner must create a Tipalti account with Sponsor so that Sponsor may transfer prize payment to winners. Winner will identify their preferred payment method within their account. Account creation and use is subject to additional terms and conditions, including the Tipalti Payee Agreement at https://tipalti.com/legal/payee-agreement/, and may require winner to provide relevant banking information to facilitate payment. Personal information collected in connection with Tipalti account creation is subject to the privacy policy posted at the point of information collection.
Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, national, state, and local taxes (including income taxes), as well as any expenses arising from acceptance or use of the prize, are the sole responsibility of the winners. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or any portion thereof with another prize or component of equal or greater value for any reason. Sponsor is not obligated to award more than the stated prizes. Nominees waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption of any prize and waive the right to assert a claim for any liability and publicity which might arise from claiming or seeking to claim said prize.
SCHOOL DONATION: Sponsor will award ten (10) $5,000 donations, one (1) to each school identified in a winning Nomination. To claim the grant, the school, or school’s designated representative (subject to Sponsor approval), must create a Tipalti account with Sponsor so that Sponsor may transfer the grant payment to the school. School or its representative will identify its preferred payment method within its account. Account creation and use is subject to additional terms and conditions, including the Tipalti Payee Agreement at https://tipalti.com/legal/payee-agreement/, and may require the school or designee to provide relevant banking information to facilitate payment. Personal information collected in connection with Tipalti account creation is subject to the privacy policy posted at the point of information collection. Nominator and/or Nominee agree to assist Sponsor upon Sponsor’s request in facilitating contact with schools for the fulfilment of school grants. Schools may be required to complete a grant recipient agreement in accordance with Sponsor’s instructions or other donation claim steps, or grant may be forfeited. Schools are responsible for any applicable taxes or other costs associated with receipt of the grant. All grant fulfillment details not set forth in these Official Rules will be determined in Sponsor’s sole discretion.
LICENSE: By entering, except where prohibited by law, each Nominator and/or Nominee (as applicable and, in either case, the “Licensor”) grants to the Released Parties, and their agents, successors, and assigns (“Licensees”), the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, publish, adapt, and exploit the content of and elements embodied in any Nominee Content submitted by such person, in perpetuity and in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each Licensor agrees that the Licensees may, but are not required to, attribute the Nominee Content to Licensor. Each Licensor waives and releases the Licensees from any and all claims that Licensor may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensees’ exploitation of the Nominee Content without further notification or compensation to Licensor of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensees, each of their respective licensees, or any other person in connection with this Contest, on the grounds that any use of any Nominee Content (or any derivative works thereof) infringes or violates any of Licensor’s rights (including MORAL RIGHTS) therein.
Each Licensor acknowledges and agrees that nothing in these Official Rules will require a Licensee to use the Nominee Content in part or in whole or to include the Nominee Content in any Licensee-related property, including, without limitation, any Licensees’ web site or any other online or offline property. Each Licensor hereby acknowledges and agrees that the relationship between the Licensor and each of the Licensees is not a confidential, fiduciary, or other special relationship, and that the Licensor’s decision to submit his/her Nominee Content for purposes of the Contest does not place any of the Licensees in a position that is any different from the position held by members of the general public with regard to elements of the Nominee Content (including, as applicable and without limitation, the Contest Site and Essay), other than as set forth in these Official Rules. Each Licensor understands and acknowledges that Licensees have wide access to ideas, essays, images, and other creative materials. Each Licensor also acknowledges that many ideas may be competitive with, similar to, or identical to, ideas described in their Nominee Content or other aspects of the Nominee Content. Each Licensor acknowledges and agrees that such Licensor will not be entitled to any compensation as a result of a Licensee’s use of any such similar or identical material that has or may come to the Licensee from other sources. Each Licensor acknowledges and agrees that Licensees do not now and will 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 Licensor’s copyright in and to any materials included as part of his/her Nominee Content. Each Licensor acknowledges that, with respect to any claim by Licensor relating to or arising out of a Licensee’s actual or alleged exploitation or use of any Nominee Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Licensor will not be irreparable or otherwise sufficient to entitle such Licensor to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Licensee property or production, and Licensor’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, each Nominator and each Nominee (on behalf of themselves) agree to release, discharge, hold harmless and indemnify each of the Released Parties from and against any claims, damages, disability, and costs of litigation and settlement, as well as any liability whatsoever for injuries or damages of any kind sustained in connection with participating in this Contest or the use, acceptance, possession, misuse or awarding of the prize or while preparing for, participating in and/or traveling to or from any prize- or Contest-related activity, including, without limitation, any injury, damage, death, loss, or accident to person or property. Nominee agrees that the prize is provided as-is without warranty, representation or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose.
Nothing in these Official Rules limits, excludes, or modifies or purports to limit, exclude, or modify any statutory consumer guarantee or any implied condition or warranty, the exclusion of which from these official rules would contravene any statute or cause any part of these official rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence and to the maximum extent permitted by applicable law, each Nominator and Nominee agrees to release and hold harmless the Released Parties for any liability whatsoever associated with participation in this Contest, including, without limitation, for injuries or damages of any kind sustained in connection with the creation of your Nominee Content, beyond any Non-Excludable Guarantees.
By participating in this Contest, each Nominator and Nominee understands that they may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, Nominator and Nominee acknowledge that they have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, USA, and any similar law in any jurisdiction, which provides as follows:
“Certain Claims Not Affected by a General Release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ADDITIONAL DISCLAIMERS: The Released Parties are not liable to winner, any Nominator or Nominee, or any person claiming through such winner, Nominator, or Nominee, for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) proves to be invalid), equipment failure, actual or threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the Nominator or Nominee, or by human or other error: Nominations that are submitted by illegitimate means or Nominations in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled, incomprehensible, or illegible Nominations, email, mail, or Contest-related correspondence or materials or postage-due mail; address changes of Nominators or Nominees or Nominations not received in accordance with these Official Rules; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; technical, hardware, or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Contest; unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; or technical or human error which may occur in the administration of the Contest or the processing or evaluation of Nominations. If for any reason a Nominator's Nomination or a Nominee’s is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, that person’s sole remedy is to submit another Nomination (as applicable) in the Contest. Released Parties are not responsible for: (i) electronic communications that are undeliverable or do not timely reach a participant as a result of any form of active or passive filtering of any kind, (ii) any incorrect contact information supplied by Nominator or Nominee in a Nomination (iii) insufficient space in a participant’s email account or voicemail inbox to receive email or voicemail messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of the Contest if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, and award the prizes from eligible, non-suspect Nominations (if any) received prior to cancellation, modification, or suspension, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry or judging processes or the operation of this Contest, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains a prize by fraudulent means, is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, or assists another in doing any of the preceding acts, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Nominators and Nominees agree to not damage or cause interruption of the Contest or the Contest Site and/or prevent others from participating in the Contest or using the Contest Site. Sponsor reserves the right, in its sole discretion, to void a Nomination submitted by any Nominator or Nominee who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor reserves the right to restrict or void Nominations or other participation from any IP address if any suspicious Nomination, and/or other participation is detected. CAUTION: ANY ATTEMPT BY A NOMINATOR, NOMINEE, OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL: By participating, and as a condition of participation, each Nominator and Nominee (in their personal capacity) agrees to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her Nominee Content for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Nominator/Nominee waives any right to inspect or approve such use).
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, acceptance or disqualification of purported Nominations, selection and verification of potential winners, and awarding of the prizes. By participating, each Nominator and Nominee (in their personal capacity) agrees to be bound by these Official Rules and the decisions of Sponsor. If any provision of these Official Rules shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. Each Nominee acknowledges that if they are chosen as a winner, certain of their identifying information may be disclosed to third parties to the extent required by law including, without limitation, on a winner list made available to members of the general public.
GOVERNING LAW/DISPUTES/ARBITRATION (“Arbitration Agreement”): Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Sponsor waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes arising from these Official Rules or participation in the Contest only through binding arbitration as detailed below. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Except for Excluded Disputes, the parties agree that any claim, suit, action, or proceeding arising out of or relating to these Official Rules or your participation in the Contest will be resolved by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures then in effect (and, as applicable, the JAMS Mass Arbitration Procedures and Guidelines) of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration” (as defined below), then the parties can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in the Commonwealth of Virginia or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence.
The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Commonwealth of Virginia. In no way limiting the applicability of the Arbitration Schedule of Fees and Costs and Mass Arbitration Procedures Fee Schedule, subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Contest or any other property of Sponsor (provided that nothing in these Official Rules will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).
You and Sponsor agree that the JAMS Mass Arbitration Procedures and Guidelines apply to any mass arbitrations, as amended/modified by this Arbitration Agreement.
You and Sponsor agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Sponsor within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – they may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Sponsor agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section. If for any reason any court or arbitrator holds that the Batch Arbitration provision is unconscionable or unenforceable, the Batch Arbitration provision will be deemed severable from the Arbitration Agreement and will not affect the validity and enforceability of this Arbitration Agreement.
To the extent the parties disagree on the applicability of the mass arbitration process, the disagreeing party will advise the arbitrating organization (JAMS), and the arbitrating organization shall appoint a sole standing arbitrator to determine the mass arbitration process’ applicability ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.
You and we agree that the Mass Arbitration Procedures Fee Schedule will govern the payment of arbitration fees for mass arbitrations. Notwithstanding the foregoing, both you, we (and, if being represented, both of our attorney(s)) agree to cooperate in good faith to take reasonable measures to reduce the costs and fees of arbitration, so that the process is cost-effective for all parties involved. This may include collaborating with JAMS to decrease JAMS’s fees. In addition, you and we agree that if the Administrative Arbitrator finds that either your or our claims, counterclaims and/or appeals are brought for an improper purpose and/or are frivolous, the Administrative Arbitrator will award to the other party the costs and expenses (including, without limitation, any and all charges by the Administrative Arbitrator), and attorneys’ fees incurred by the other party.
If arbitration of a claim is necessary, the parties agree to the following procedure:
Any moving party must personally sign any Demand for Arbitration and include a description of the claim, description of the relief that you are seeking, including a detailed calculation of the amount of damages. If counsel represents you, your counsel must also personally sign the Demand for Arbitration. The signatures certify (a) under penalty of perjury that the statements made are true and correct, and (b) that the claim is: (i) not for an improper purpose, frivolous, to harass the other party and/or brought about to increase the costs of arbitration; and (ii) brought in good-faith based on real facts and sound legal arguments that are actionable under current law. You can find copies of a Demand for Arbitration at: http://www.jamsadr.com (“Demand for Arbitration”).
Send copy(ies) of the Demand for Arbitration, plus the appropriate filing fee, to JAMS in accordance with JAMS procedures (see https://www.jamsadr.com/).
Send one copy of the Demand for Arbitration to the other party at the addresses below:
To Sponsor: Custom Ink, LLC, 1640 Boro Place, Suite 301, McLean, VA 22102, with a copy to legal@customink.com.
To You: The Demand for Arbitration will be sent by certified mail to the most recent address Sponsor has on file for you or otherwise in our records for you.
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Official Rules, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
PRIVACY: Personal information collected from Nominators and Nominees will be used to administer the Contest as described above and in accordance with the Custom Ink Privacy Policy, available at https://www.customink.com/about/privacy.
RULES/WHO WON?: A copy of these Official Rules and information about who won is available by sending an email with the subject line “Rules Request” or “Who Won?” (as applicable) to socialmedia@customink.com. Rules requests must be received no later than the end of the Nomination Period. Requests for winner information must be received no later than three (3) months after the end of the Nomination Period. Only one (1) request per email will be fulfilled.
SPONSOR: Custom Ink, LLC, 1640 Boro Place, Suite 301, McLean, VA 22102