EXCL in Education’s Sweepstakes

CLICK HERE FOR LIST OF PRIZES

Official Rules

1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES:
EXCL in Education’s Sweepstakes (the “Sweepstakes”) is sponsored by Extra Curricular Learning, dba EXCL in Education (hereinafter “ECL”), having its principal place of business in Calabasas, California. The Sweepstakes entry period begins at 12:00 AM on May 7, 2008 (Pacific Time) and ends at 11:59 PM on September 30, 2008 (Pacific Time) (the “Entry Period”).

(a) Method of Entry: Only online entries are accepted. To enter the Sweepstakes online, go to www.survey.excl.com (the “Sweepstakes Site”) during the Entry Period. To be eligible to participate, each entrant will be asked to: (1) complete a survey (hereinafter, the “Official Entry Form”), which may include, among other things, his/her name, address, e-mail address, age and other related registration information as prompted (if you are a winner and are under the age of 18, you will be asked to provide your parent’s or legal guardian’s telephone number and/or e-mail address so that we can get their permission to accept your prize), (2) take the Math pre-test, (3) view the entire lecture presentation, and (4) take the post-test (the “Qualifying Tasks”). Once you have completed the Qualifying Tasks, you become an eligible Sweepstakes entrant. All of the Sweepstakes information will be posted at www.excl.com/sweepstakes.html throughout the Sweepstakes. Participants may enter only once during the Entry Period. However, if an eligible participant submits five e-mail addresses for other potential eligible participants where prompted on the Sweepstakes Site, ECL will enter one more Sweepstakes entry for such submitting, eligible participant. Other than that, duplicate entries from the same eligible participant will be automatically eliminated. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the holder of the e-mail account. E-mail entries must be received by 11:59 PM Pacific Time, September 30, 2008. Odds of winning depend on the number of eligible entries received. Any e-mailed Official Entry Form received after 11:59 PM (Pacific Time) on September 30, 2008 will not be eligible to be included in the drawings and shall be disregarded. The above-noted September 30, 2008 deadline is final.

2. ELIGIBILITY: This Sweepstakes is open to any individual who is, as of the beginning of the Entry Period (a) a legal resident of the U.S. and its territories, possessions and commonwealths (excluding Puerto Rico and Guam) (the “Eligibility Area”); (b) in the sixth grade or higher; and (c) has access to the internet. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of ECL and their respective divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the “Sweepstakes Providers”), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.

3. PRIZES:
(a) Monthly Drawings: Four (4) monthly drawings, with six (6) winners each month during the Entry Period, from the Official Entry Forms received from Eligible Entrants categorized by ECL as “Student Entrants” (hereinafter, “Eligible Student Entrants”):

$15.00 iTunes Gift Cards.
Drawings to be held on July 1, August 1, September 1 and October 1, 2008.

(b) One (1) Grand Prize Winner for Eligible Student Entrants:

Apple iPod Classic Black (80 GB) valued at $250.00.
Drawing to be held on October 1, 2008.

(c) One (1) Grand Prize Winner from the Official Entry Forms received from Eligible Entrants categorized by ECL as “Teacher/Administrator Entrants” (hereinafter, “Eligible Teacher/Administrator Entrants”):

Apple iPod Classic Black (80 GB) valued at $350.00.
Drawing to be held on October 1, 2008.

(d) One (1) Second Place Prize Winner for Eligible Student Entrants:

Canon PowerShot A560 7.1 Mega Pixel Digital Camera valued at $150.00. Drawing to be held on October 1, 2008.

(e) One (1) Second Place Prize Winner for Eligible Teacher/Administrator Entrants:

Canon PowerShot A560 7.1 Mega Pixel Digital Camera valued at $150.00. Drawing to be held on October 1, 2008.

(f) Eight (8) Third Place Prize Winners for Eligible Student Entrants:

$25.00 iTunes Gift Cards.
Drawing to be held on October 1, 2008.

(g) Four (4) Third Prize Winners for Eligible Teacher/Administrator Entrants:

Motorola H670 Bluetooth Headset, including Universal Accessory Kit
(case, headset, charger and clip) valued at $70.00.
Drawing to be held on October 1, 2008.

Additional restrictions may apply. All prizes will be awarded.

4. PRIZE DRAWING: The potential Grand Prize, Second Place and Third Place Prize Winners will be selected in random drawings from all entries received that are otherwise eligible for the drawing. The drawings will be held after 5:00 p.m. Pacific Time on October 1, 2008. The drawings will be conducted by ECL (together with its divisions, affiliates, officers, subsidiaries, agents and employees), whose decisions are final and binding on all aspects of this Sweepstakes. The potential Prize Winners will be notified on or about October 2, 2008 by e-mail, mail and/or telephone. Failure of the potential Prize Winners to respond within three (3) days from such notification referred to above may result in disqualification and the selection of alternate Prize Winners. An Alternate Prize Winner will be selected in the event the prize cannot be awarded to the potential Prize Winner drawn. By entering the drawing, each entrant agrees to be bound by these rules and the decisions of the Sweepstakes Providers. In the event of non-compliance, an alternate Prize Winner may be selected. All prizes will be awarded.

CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of ECL (which decisions are final and binding on all matters relating to the Sweepstakes), and to comply with all federal, state and local laws and regulations. By participating in the Sweepstakes, entrants hereby agree to all personal information uses and disclaimers and opting in to receive future communications from ECL or its affiliates. The decisions of the Sweepstakes Providers are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. In the event of non-compliance, an Alternate Prize Winner may be selected. Entries and other submitted materials become the property of the Sweepstakes Providers and/or its promotional partner(s) and will not be acknowledged or returned. Neither the Sweepstakes Providers nor Internet access providers are responsible for incomplete, late, lost, misdirected or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, the Sweepstakes Providers are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sweepstakes Providers are not responsible for injury or damage to entrant’s or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of ECL, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, ECL reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select winners from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of submitting entry will not be deemed receipt of such entry by the Sweepstakes Providers. All taxes (including without limitation Federal, state and local taxes) in connection with any prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner. The Prize Winners, at the sole discretion of ECL, will each be required to sign a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by ECL and the other Sweepstakes Providers (unless prohibited by law). If any Prize Winner is under 18 years of age, his/her respective parent or legal guardian will also be required to sign any document which the Prize Winner is required to sign pursuant to these Official Rules. You are not a winner until your submissions are validated. Failure to complete, sign and return all required documents within fourteen (14) days of delivery to potential winner's claimed address or return of prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of ECL. By entering this Sweepstakes, unless prohibited by law, the potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and travel guest may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential prize winner agrees to grant to the Sweepstakes Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner’s respective name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by ECL in its sole discretion.

5. CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT www.excl.com THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE SWEEPSTAKES PROVIDERS (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNER AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR THE SWEEPSTAKES SITE’S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD ECL BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, ECL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

6. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

8. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.

10. MISCELLANEOUS:

(a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.

(b) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and ECL’s Privacy Policy (as may be amended from time to time); provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

(c) Severability; Headings: If any provision of these Official Rules is found to be 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. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

(d) Winner: You may obtain the names of the winners, either by going to the website http://www.excl.com/sweepstakes.html or mailing a self-addressed stamped envelope to: Extra Curricular Learning, 5621 Parkmor Road, Calabasas, CA 91302. Requests received after November 1, 2008 will not be honored.