Make College Happen Challenge Official Rules

1. Eligibility: The Sallie Mae 2016 Make College Happen Challenge (hereinafter "Competition") is open only to individuals who are legal residents of the 50 United States and the District of Columbia who are at least 14 years old and not older than 18 at the time of entry. Employees, officers, directors and advisors of the By Kids For Kids Company ("BKFK" or "Administrator") and Sallie Mae Bank ("Sponsor") and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, Competition Judges, web masters and web suppliers, and persons engaged in the development of the Competition materials and members of the immediate family (parents, siblings, children [natural, adopted, foster] and spouse, wherever they reside) or household members (whether or not related) of such employees, officers, directors, advisors and Competition Judges are not eligible. By participating, you agree (and if you are a minor in the jurisdiction in which you reside (hereinafter, a "minor"), your parent/legal guardian agrees) to these Official Rules and all the decisions of Administrator and Sponsor, which are final and binding in all respects. In the event you are chosen as a potential winner, your parent/legal guardian will need to execute a formal acknowledgment and agreement to these rules in order for you to become the official winner. Void where prohibited. The Competition is subject to all applicable federal, state and local laws, rules and regulations.

2. Competition Period: Competition begins on November 1, 2016 at 12:00 Noon (EST); and ends on December 31, 2016 at 5:00 PM (EST). The Competition computer is the official timekeeping device for the Competition.

3. How To Participate: No purchase necessary. You may participate in the Competition by going to: www.makecollegehappenchallenge.com, clicking on "Enter" and following instructions found at the website (hereinafter the "Website"). When you access the contest on the website, you will be asked to register by selecting a username, a password and entering your full name, full address, email address, user type, graduation year and birthdate. Your registration for the Competition will also provide you with access to the Plan for College by Sallie Mae website and registration for Scholarship Search by Sallie Mae and the College Planning Calculator. You will also be asked to enter your parent’s/legal guardian’s email address when you sign up. We will send an email to your parent/legal guardian notifying him/her that you have signed up with the website and they will have the option to opt you out of the website at their discretion, in which case you will no longer be allowed to enter the Competition. When you have selected the username and password you will be assigned an account, you will receive an email to activate your account. Once activated, you may proceed to your assigned Entry Workspace and you can develop your Competition entry and potential submission. When you enter the Competition you will be asked to answer three (3) questions and upload or provide link to your supporting media file (image files, documents, audio files, video files etc.). You may only enter once. Entries must be in English and only individuals may enter – no team entries.

4. Competition Online Entry Workspace: By following the instructions on the Website you will be able to store the entry you are working on (for example: the answer to one of the questions or your media upload), access that entry, change, alter and modify it to refine at any time or times until you are ready to submit your entry. By having and using a Workspace, however, you are under no obligation to submit your entry into the Competition. Until such submission, a) Administrator will have no access to your Workspace or the work in your account, and b) you can remove your work at any time prior to submission.

5. About Usernames/Passwords/Accounts: When you access the website to work in your account or to participate in the Competition, you must log in using your username and password. If at any time you forget your username or password, you may gain access to your username and password by following the on-screen instructions and your username or password will be shown to you on screen. You are solely responsible for the security of your username and password. You should take precautions to keep your username and password private to prevent unauthorized use. Neither Administrator, Sponsor, nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a username and password.

6. The Competition Entry: An entry must fully answer all of the questions in the online entry form (hereinafter "entry") providing information about your plan and upload or provide link a supporting media file such as an audio file, video file, document or image. The Idea/Entry must have been conceived by the entrant and be the sole and original work of the entrant.

The entry must:

  • a. Include a video, an audio file, a document or an image that is created to illustrate and explain your unique and creative plan to save and pay for college;
  • b. Include an uploaded image, video file, document or audio file or a link to a file (this could be a .wav, .jpg, .png, .pdf, .doc, .mov, .bmp, .mpg, .wmv, .mpg4)
  • c. Be submitted in the English language.

The entry cannot:

  • a. include any written description (or part thereof) which is already protected by patent, trademark or copyright unless the patent or copyright is owned by the entrant; or
  • b. include any images, music or video (or part thereof) which is already protected by patent, trademark or copyright unless the patent or copyright is owned by the entrant; or
  • c. include entry materials, image uploads, or use of the site that are considered inappropriate in any way (as determined by Administrator, in Administrator's sole opinion).

7. Creating the Competition Entry: Your entry must be submitted through the Competition Entry Workspace on the Website which was established in accordance with Rule 3 above. The media upload can only be accepted in .wav, .jpg, .png, .pdf, .doc, .mov, .bmp, .mpg, .wmv, or .mpg4 formats or you may supply a link to a media file.

8. Entry Submissions: When you have completed your Entry, and are satisfied that it answers all questions fully, and includes your uploaded media file or your link to a media file, click on the "submit" button. Prior to your entry being submitted your parent/legal guardian will need to agree to the official rules by clicking the appropriate button. Once that is done your entry will be submitted. While you can change, alter or modify your Entry before it is submitted (while it is in your Workspace in edit mode), once an entry is submitted it cannot be changed, altered or modified for any reason and in any way, whatsoever. You may keep a 'read only' copy of your entry, which has been locked, in your Workspace for archival purposes. By submitting an Entry you (and your parent/legal guardian if you are a minor) warrant and represent, to the best of your knowledge, that the entry, and your submission thereof to the Competition, (1) does not violate any law, regulation or right of any third party, including but not limited to patent, copyright, trademark, or other intellectual property or sui generis right, (2) that the entry does not violate any fiduciary relationship or violate any agreement you may have, (3) that the entry is your own sole and original idea, (4) that the entry does not contain any virus, bugs, or other deleterious material. Entries must be received and recorded by the Administrator's Competition computer by December 31, 2016 at 5:00 PM (EST). Please click, 'contact us' for assistance.

All information submitted by entrants is subject to, and will be treated in a manner consistent with, the BKFK Terms of Service accessible at http://www.bkfk.com/terms and the BKFK privacy policy accessible at http://www.bkfk.com/privacy. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete entries are void. Parent/Legal guardians who do not click their agreement to these Official Rules will not have their child's Submission reviewed. Submissions that do not comply with the Submission Requirements, or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.

Entries once submitted become the property of BKFK and will neither be acknowledged nor returned.

9. Judging: There will be two (2) rounds/phases of judging:

Round/Phase 1: The Judges will judge all Submissions based on the following items (the "Judging Criteria"): (i) Creativity of the entry (40%); (ii) Effective communication of the message (30%), and (iii) Potential of the plan – is it feasible and practical (30%). The Judges will select the ten (10) finalists ("Finalists") from among all Submissions received during the Contest Period, provided there are at least ten qualified entries. In the event of a tie, the Submission that receives the higher score for "(i) Creativity of the entry" will be declared a Finalist. In the event of a further tie, the Submission that receives the higher score for "(ii) Effective communication of the message" will be declared a Finalist. In the event of a further tie, the Submission that receives the higher score for "(iii) Potential of the plan" will be declared a Finalist. In the event of a further tie, Judges in their sole discretion shall choose Finalists based on an evaluation of which Submissions are superior overall taking all categories into consideration. The finalists will be selected on or around January 30, 2017.

Final Round/Phase 2: Will be a combination of an Online Consumer Vote (20% of the final score) and an in-person final judging panel of 5 to 7 Judges (80% of the final score) appointed by the Sponsor to determine the First Place winner (the entry with the top score), Second Place winner (the entry with the second highest score) and the Third Place winner (the entry with the third highest score).

The ten (10) Finalists' entries will be posted online at www.makecollegehappenchallenge.com and consumers will have the opportunity to vote for their favorite Finalist ideas, on or around February 15, 2017 through February 22, 2017. The entry that receives the highest number of consumer votes will receive 5 points. The entry with the second most consumer votes will receive 3 points. The entry that receives the third most consumer votes will receive one (1) point. There is a limit of one (1) vote per consumer, per day. These points will be added to the final tabulated judging score for that idea, when determining the First, Second and Third place winners. The first, second and third place winners will be selected on or around March 5, 2017. The Competition is entirely skill-based and contains no elements based on chance. The standards applied during the judging process focuses on assessing each Submission's properties. By the mere submission of a Submission, an entrant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such Submission reviewed and evaluated subject to these Rules. The decisions of the Judges shall be final. Neither Administrator nor Sponsor will correspond with entrants about the determination of the winner other than as expressly provided in these Rules.

10. Prizes and Approximate Retail Values:

  • One (1) First Place winner will receive: a check in the amount of $15,000 (AVR: USD$15,000)
  • One (1) Second Place winner will receive: a check in the amount of $10,000 (AVR: USD$10,000)
  • One (1) Third Place winner will receive: a check in the amount of $8,000 (AVR: $8,000)
  • Seven (7) finalists will each receive: a check in the amount of $1,000 (AVR: USD$7,000)

Total Prizing: $40,000

Each prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor's sole and absolute discretion. Winner and/or Winner's parents will be required to complete releases in relation to any prize. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value at its sole and absolute discretion. Taxes on prize, if any, are solely the responsibility of winner.

11. Winner Notification: Each potential winning entrant will be notified by Administrator or Sponsor, within ten (10) days of the selection of the potential winners, via telephone and/or overnight mail and/or mail and will be required to execute (with the parent/legal guardian if the entrant is a minor) and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release and other documents, as designated by Administrator, by specified date on forms. Non-compliance with the foregoing or such parent/legal guardian's failure to comply with verification process and/or eligibility requirements, return of prize or prize notification as undeliverable, the inability of Administrator to contact a potential winner within a reasonable time period, the applicable potential winning entrant may be disqualified and, at Administrator discretion and time permitting, awarding of prize and winner status to an alternate entrant.

12. General Conditions: By participating in the Challenge, you (and your parents/legal guardian) agree to the Official Rules and the decisions of the Judges and Sponsor, which shall be final and binding in all respects. Winners/finalists will be notified by phone, mail or email.

Entry materials will not be acknowledged or returned.

Entrants(and entrant's parent/legal guardian) hereby: (i) grant to Administrator and Sponsor a non-exclusive, perpetual license to receive, reproduce, distribute, display and otherwise process submitted data, materials and information, and to evaluate same, both in connection with the Competition and outside of the Competition, and (ii) agree (a) that Administrator, and Sponsor their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, trustees, employees, representatives, advisors and agents (collectively the "Released Parties") are released, will have no liability whatsoever for, and shall be held harmless by entrants (and a entrant's parent/legal guardian) against any liability for any injuries, losses or damages (whether due to negligence or otherwise) of any kind to person(s), including death, or property, or for breach or failure of any representation, warranty or obligation, or for infringement of rights of intellectual property, publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Competition or any Competition related activities, and (b) except where legally prohibited, winner (and winner's parent/legal guardian) grant (and agree to confirm that grant in writing) permission to Administrator and Sponsor and those acting under its authority, the right to the use of the winner's name, picture, likeness, voice, biographical information and statements, and entry (or any part thereof) at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereinafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval, and (c) winner (and winner's parent/legal guardian) agree that the winner shall appear at any times and at any places deemed reasonably necessary by Administrator or Sponsor to advertise, promote, or otherwise market the winner's entry (it being understood that any such appearance will be on reasonable notice to the winner, that winner will be excused from such appearance should he/she have a prior commitment which cannot be delayed, and reasonable expenses as determined by Sponsor for any such appearance will be borne by Sponsor).

13. Liability Limitations: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, store, or loss of, any such information. Entrants are expected to, and shall, retain copies of all portions of their entries, and shall not rely on Administrator to retain same. Administrator shall not be responsible for lost or corrupted submission materials. Persons who tamper with or abuse any aspect of this Competition, as solely determined by the Administrator, will be disqualified. Use of any automated system to submit Entry Forms is prohibited and will result in disqualification. The Entry Form shall be submitted by the Entrant in his/her own name and a proxy cannot be given to this effect, failing which the Entrant will be disqualified. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Competition or downloading or printing materials of any kind from, or for, this Competition, or use of the Website. Should any portion of the Competition be, in Administrator's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Administrator, corrupt or impair the administration, security, fairness or proper conduct, or submission of entries, Administrator and Sponsor reserve the right at its sole discretion to suspend, modify or terminate the Competition, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Administrator or Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Competition, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use to this website. In case of dispute, the authorized Website registrant whose email address and date of birth is used to enter the Competition at the actual time of the submission of an entry will be deemed to be the entrant, and must comply with these Official Rules.

14. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE COMPETITION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

15. Arbitration/Choice Of Law: Except where prohibited, entrants (and entrant's parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Competition, or any prize awarded, or the determination of the winner(s), shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Administrator in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Connecticut. If permitted by law, and the Rules of the American Arbitration Association, entrants (and entrant's parent/legal guardian if entrant is a minor) agree, all proceedings commenced hereunder, the details, transcripts, testimony and all particulars of all such proceedings, and the results of all such proceedings, for example but not limited to findings of fact and/or law, and awards, (all as however characterized), shall be kept and maintained as confidential by all of the parties (and their counsel or representative(s)) to any proceeding, and shall not be disclosed, in whole or in part, directly or indirectly, to any third party.

16. Privacy: The personalized entry information provided is subject to the Privacy Policy at http://www.bkfk.com/privacy. To read that Policy, access the website and then access the 'Privacy Policy'.

17. Winner List: For the name of winners mail a first class self-addressed stamped envelope to: BKFK, ATTN: Make College Happen Challenge; 1177 High Ridge Rd; Stamford, CT 06905 for receipt by March 28, 2017. Name of winners may also be posted on the competition website.

18. Official Rules: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Make College Happen Challenge c/o By Kids For Kids Co.; 1177 High Ridge Rd; Stamford, CT 06905 for receipt by March 28, 2017.

19. Administrator: The By Kids For Kids Company, 1177 High Ridge Road, Stamford, CT 06905 USA.

20. Sponsor: Sallie Mae Bank, 300 Continental Drive, Newark DE 19713 USA.