Limeades for LearningSM Terms & Conditions 1. Open to legal residents of the 50 United States or District of Columbia who are 18 years of age or older and are employed full-time as a teacher, coach or librarian ("Teacher") in good standing at a public school as described on the Teacher Landing Page at www.DonorsChoose.org. Employees, officers and directors of Sonic Industries Services, Inc. (the "Sponsor"), DonorsChoose.org, and their respective subsidiaries, affiliates, advertising and promotion agencies, and any other entitles involved in the production and execution of this contest, and members of the immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are not eligible. Any determination of eligibility will be made by Sponsor and/or DonorsChoose.org, whose decisions are final. By entering the Contest, entrants agree to comply with these Official Contest Rules ("the Rules"). Entrants who do not meet eligibility requirements to participate in the Contest will be disqualified. Void where prohibited by law. 2. PROGRAM DESCRIPTION: The SONIC/DonorsChoose.org "Limeades for LearningSM" Contest ("the Contest") has been established to encourage eligible Teachers to sign up to become SONIC Teachers and apply for grants. SONIC Teachers will submit project grant requests through www.donorschoose.org. Between 8/31/09 - 10/1/09 ("the Promotion Period"), consumers will receive a sticker with a unique PIN on every fountain and frozen drink (Wacky Pack® Meals and Premium Roast Coffee-based drinks excluded) they purchase at participating SONIC® Drive-Ins which will allow them to visit www.limeadesforlearning.com to view and vote on the registered project(s) they feel should be granted. During each week of the promotion, subject to the $400 limit on each individual project request, SONIC will award the top scoring project grant requests, up to $100,000, per week. During the Contest, SONIC will award a total of up to $500,000 to the top scoring project grant requests during the Promotional Period. 3. SCHEDULE: 4. TO ENTER CONTEST: To enter the Contest, Teachers visit www.donorschoose.org and follow the online directions to register as a SONIC Teacher. Once you are registered as a SONIC Teacher, follow the online directions for providing your project grant request. Project grant requests may not exceed $400. There is no limit to the number of project grant requests a Teacher may submit, but each project grant request must describe a different project. SONIC Teacher registrations and project grant requests are subject to the established terms and conditions at www.DonorsChoose.org. By entering the Contest, you agree to all the terms and conditions at www.DonorsChoose.org. Sponsor and DonorsChoose.org reserve the right to review all SONIC Teacher registrations and project grant requests for compliance with the terms and conditions at www.DonorsChoose.org, and may reject or modify any SONIC Teacher registration or project grant request at their sole discretion. 5. CONSUMER VOTING: Consumers will receive a sticker with a unique PIN on every fountain or frozen drink they purchase at participating SONIC® Drive-Ins during the Promotional Period. Each PIN allows the consumer to visit www.limeadesforlearning.com to vote on one project they feel should be granted and funded through the money donated by SONIC to be administered in the Contest by DonorsChoose.org. Once a vote is cast, it may not be changed or deleted. Limit one vote per PIN. Votes will carry over from one week to the next. 6. PRIZES: At the end of each week of the Promotion Period, SONIC will award up to a total of $100,000 in grants (subject to the $400 limit on each individual project request) to the teacher projects with the highest vote scores. Project grants will be awarded through DonorsChoose.org, according to the terms and conditions posted on the Teacher Landing page at www.DonorsChoose.org. In the event that a week does not have enough eligible projects totalling $100,000, the remaining balance will be held until the last week of the contest. All remaining funds at the end of the campaign will fund the remaining project grant requests with the highest number of votes. In the event that an insufficient number of eligible projects is received during the Promotion Period to award $500,000, the remaining balance will be donated to DonorsChoose.org and will be distributed as directed by SONIC. 7. GENERAL: The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Taxes and fees, if any, are the sole responsibility of winners. Sponsor reserves the right in its sole discretion to disqualify any entrant from the Contest. By participating in the Contest, you warrant that you are eligible to participate in the Contest and agree: (a) to these Rules and the decisions of Sponsor and DonorsChoose.org, which shall be final in all respects; (b) to release and hold harmless Sponsor, DonorsChoose.org and their respective parents, affiliates, subsidiaries, franchisees and related companies, advertising or promotion agencies, and all of their respective officers, directors, employees, agents and representatives ("Released Parties") from any and all claims, demands, costs, expenses, liability, losses or damages of any kind resulting from their participation in the Contest or their acceptance, use or misuse of a prize, and including liability for personal injury, death, or property damage; and (c) if a winner, to the use of name, likeness, biographical data and/or photograph and/or voice in any and all advertising, promotional and publicity purposes without compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so. Failure to abide by the terms and conditions, and instructions posted at www.DonorsChoose.org may result in forfeiture of prize and selection of an alternate winner. Released Parties are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation server malfunction or by any human error which may occur in the processing of PINs and votes; (b) failed, incomplete, garbled or delayed computer transmissions; and (c) any condition caused by events that may cause the Contest to be disrupted or corrupted. Sponsor and DonorsChoose.org reserve the right in their sole discretion to cancel or suspend the Contest or any portion thereof should viruses, bugs, or other causes corrupt the administration, security or proper play of the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR 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 SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In no event will Released Parties be responsible or liable for any damages of losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Internet sites www.limeadesforlearning.com or www.donorschoose.org, or other sites promoting the contest or the downloading from and/or printing material downloaded from said sites. Without limiting the foregoing, everything on these sites is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Information submitted with an entry will be used only for purposes of the Contest unless an entrant elects to receive additional information as to programs maintained by Sponsor or DonorsChoose.org. Any such information is subject to the Privacy Policy stated on web sites maintained by Sponsor and DonorsChoose.org. No prize transfer. No prize substitution except at Sponsor's sole discretion. Sponsor and their designees or agents reserve the right to make changes, modification or additions to these Rules and/or extend or modify the dates of this Contest for any reason at any time. Any such changes, modifications or additions to the Rules will become effective upon written amendment or announcement. Any failure by Sponsors and their designees or agents to enforce any terms of these Rules shall not constitute a waiver of any such provision. 8. DISPUTES: All entrants and Sponsor (together "the Parties") agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved in the following manner: (a) Negotiation - The Parties first shall use reasonable efforts to discuss and negotiate a resolution of the controversy; (b) Arbitration - If the efforts to negotiate a resolution do not succeed, the Parties shall resolve the controversy by final and binding arbitration in accordance with the Rules for Commercial Arbitration of the American Arbitration Association (the "AAA Rules") and pursuant to the following additional provisions; (c) Applicable Law - The Parties agree that the internal laws of Oklahoma shall govern the construction of the terms and the application of the provisions of the Contest and that all disputes will be resolved in accordance with Oklahoma law; (2) Selection of Arbitrators - The Parties shall select one arbitrator within ten (10) days after the filing of a demand and submission in accordance with the AAA Rules. If the Parties fail to agree on an arbitrator within that ten (10)-day period or fail to agree to an extension of that period, the arbitration shall take place before an arbitrator selected in accordance with the AAA Rules; (3) Location of Arbitration. The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the Parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence; (4) Enforcement of Award - The prevailing party shall have the right to enter the award of the arbitrator in any court having jurisdiction over one or more of the Parties or their assets. The Parties specifically waive any right they may have to apply to any court for relief from any decision of the arbitrator made prior to the award; (5) Attorneys' Fees and Costs - The prevailing party to the arbitration shall have the right to an award of its reasonable attorneys' fees, costs, and expenses incurred after the filing of the demand and submission. 9. LIMITATION OF LIABILITY/GOVERNING LAW: All entrants agree that by entering the Contest they waive any and all rights to claim actual, punitive, incidental and consequential damages, and any other damages, against Sponsor and their designees or agents and their respective franchisees, affiliates, employees and agents. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sponsor and their designees or agents in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Oklahoma or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oklahoma. 10. WINNERS LIST: A list of winning Teachers and their funded projects will be posted on or around October 9, 2009, at www.limeadesforlearning.com. Sponsor: Sonic Industries Services Inc., 300 Johnny Bench Drive, Oklahoma City, OK 73104. |