No purchase or payment necessary to enter or win. Making a purchase does not increase your chances of winning. Brainly, Inc. is the sponsor of the Contest.

These Official Contest Rules for the “Brainly Educator of the Year” Contest (these “Rules”), together with the Terms of Use (“Terms”) for our website and mobile app and our Privacy Policy (“Privacy Policy”), constitute a legally binding agreement between you and Brainly, Inc. (together with its agents, “Brainly”) that governs your entry to the Brainly “Brainly Educator of the Year” Contest (the “Contest”) and the awarding of the contest (“Contest Prize”), as well as any ancillary products, services, information, or other materials provided by you or Brainly in connection with the Contest.

Acceptance of These Terms

Before submitting an entry for the contest (“entry”), please read these Rules carefully. By entering the Contest and submitting your materials required for entry, you agree that you have read, understood, and agree to be legally bound by these Rules, the Terms, and our Privacy Policy, and understand that any personal information you provide will be governed by section 11 (privacy) of these Rules and our Privacy Policy. If you do not agree to these Rules, the Terms, or our Privacy Policy, you may not submit an entry.

These Rules contain disclaimers, waivers, and indemnification clauses and grant rights to Brainly, including the right to use your name, image and likeness, and entry materials for publicity and marketing purposes. These Rules also contain a class action/jury trial waiver provision that requires the use of court proceedings on an individual basis to resolve disputes, rather than jury trials or class actions.

By submitting an entry, you represent and warrant that you meet the eligibility requirements set forth below. If you do not meet all of these requirements, you may not submit an entry.

1. Sponsor. The Sponsor of the “Brainly Educator of the Year” Contest is Brainly, Inc. with its registered office at 1209 Orange Street, Wilmington, Delaware 19801. The Contest is not sponsored, endorsed, administered by or associated with any third party, including without limitation, any third party website or owner thereof on which this Contest was advertised.

2. Eligibility. Subject to these Rules, to be eligible to enter the Contest, a student entrant (“Entrant”) must: (i) be the age of thirteen (13) or older and a legal resident in the United States as of the date of entry; (ii) residing in the fifty (50) United States of America and the District of Columbia; (iii) be a currently enrolled middle school or high school student; and (iv) have submitted a written response to the Contest question below under Section 3 (How to Enter) and otherwise meets the requirements set forth herein. If you are under eighteen (18) years old or under the age of majority in your state of residence, you must obtain parental consent from your parent or legal guardian to enter the Contest. Subject to these Rules, to be eligible to enter the Contest, an educator entrant (“Educator”) must meet the foregoing Entrant eligibility criteria in this Section 2 (except for Section 2(iii) and (iv)) and the requirements in Section 3 below (and in particular, Section 3(f)). Brainly employees, officers, directors, and agents (including advertising and promotion agencies) and any other person or entity involved in the development or administration of this Contest, and their immediate family members, or individuals living in the same household as the foregoing, are not be eligible to enter or win. The contest is void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.

3. How To Enter. To submit your entry for the Contest, you must nominate a maximum of one (1) Educator and submit a response to the Contest question below along with the additional required information via the form located at https://brainly.com/educator provided for such use. Upon your submission of a complete entry hereunder, you will receive an automated confirmation email at the address you provide in accordance with Section 3(c) below, and you must click to confirm your consent for Brainly to email your Educator at the address you provide in accordance with Section 3(g) below. The foregoing email to your Educator will include links to your written answer to the Contest question in Section 3(a) below (“Response”) and these Terms, and a link for your Educator to confirm their consent for Brainly to publicly display at https://brainly.com/educator the Educator’s name, school (if applicable), and Response (together, an “Educator Entry”). For your entry to be valid, your Educator must provide such consent during the Submission Period (defined below). Upon Brainly’s validation of such Educator consent, Brainly will publicly display the applicable Educator Entry at https://brainly.com/educator. Each visitor to https://brainly.com/educator (“Visitor”) may vote for one (1) Educator Entry per twenty-four (24) hour period by selecting the applicable Educator Entry and entering his or her unique email address. Brainly reserves the right to disqualify duplicate or fraudulent votes. The following information must be included with your entry:

Written answer to Contest question(s), between four (4) and five (5) sentences per entry or an uploaded video file, up to 3 minutes: How has your educator nominee been exceptional in your learning this year?

1. Entrant Name
2. Email Address so we may contact you regarding the Contest
3. Middle School or High School Name
4. One (1) Educator’s Name
5. Educator’s Role (Educators may include teachers of any school subject, school support staff, school administration, or instructors or leaders of any extracurricular activity)
6. Educator’s Email Address
7. School city and state

Regardless of what method of entry is used, there is a limit of one (1) entry per person/verified email address/household for the duration of the Submission Period (as defined below). You acknowledge that your entry in the Contest is voluntary and does not require you to purchase anything from Brainly.  Entries that are incomplete or do not comply with the rules or specifications may be disqualified at Brainly’s sole discretion.

4. Submissions Period. The submissions period begins at 12:00 P.M. on April 29, 2024 (New York Time) and ends at 11:59 P.M. (New York Time) on May 10, 2024 (the “Submissions Period”). Brainly will accept Entries mailed in accordance with Section 3 (How to Enter) if and only if such Entries are completed during the Submissions Period. Once the Submissions Period has expired, no further Entries for the Contest will be accepted. Brainly reserves the right to change any beginning or end dates of the Contest at any time. Brainly also reserves the right to discontinue the Contest at any time, for any reason in its sole discretion. All dates and times for the Submissions Period are subject to change.

5. Requirements. Your entry is subject to the following eligibility requirements (collectively, “Requirements”):

1. You must be a qualified Entrant and your nominated Educator must meet the requirements herein.
2. You must complete the applicable requirements and/or information required by the “How to Enter”section of these Rules.
3. You must agree to all terms and conditions in these Rules.
4. Multiple Entrants that submit duplicate responses will be disqualified.
5. Any late, lost, misdirected, incorrect, or incomplete Entries will be disqualified and Brainly and its agents will not be responsible for such Entries.
6. Entries generated by script, macro, or other automated means are void.
7. The applicable entry must be original, unpublished work that does not contain, incorporate, or otherwise use any content, material, or element that is owned by any third party, or infringe, misappropriate, or otherwise violate any third party’s publicity, privacy, or confidentiality rights or obligations, moral rights, intellectual property rights, industrial property rights, or other proprietary rights, including, without limitation, copyrights, trademarks, trade names, industrial designs, patents, and trade secrets; or (b) otherwise violate applicable state, federal, or local laws or regulations.

6. Judging Criteria. Each entry that meets the Requirements will be evaluated by a panel of Brainly staff members (the “Qualified Judges”) using the following criteria (the “Contest Criteria”): Popularity by public online vote, demonstrated student impact, and adherence to the Requirements. Brainly reserves the right, in its sole discretion, to disqualify Entries which Brainly determines at any time in its sole judgment fail to meet any of the Contest Criteria, the Requirements, or these Rules. The winning entries will be determined by Brainly in its sole discretion.

7. Selection of Winners. The Qualified Judges, under the supervision of Brainly, will select the best Entries from among all eligible Entries that comply with these Rules, the Requirements, and the Contest Criteria as the potential winner of the Contest. One Student Winner (defined below) will also be selected at random by the Qualified Judges for the Additional Award (defined below). The potential winners will be notified via email on or about May 22, 2024; provided that Brainly reserves the right to determine an alternate method of notification. The potential winners may be required to sign and return, in Brainly’s sole discretion, an affidavit of eligibility (and supporting documentation) which must be received by Brainly within three (3) days of the date notice or attempted notice is sent, in order to claim his/her Contest Prize. If a potential winner is a minor, the potential winner must provide signed parental or legal guardian consent. If a potential winner is unable for whatever reason to accept his or her Contest Prize, fails to return the required affidavit within the time specified timeframe, or if the entry is rejected by Brainly for any reason, Brainly reserves the right to award the applicable Contest Prize to another Entrant or Educator. Brainly reserves the right to decline to select a winner(s) if, in the sole discretion of the Qualified Judges, there are insufficient eligible Entries for the Contest. All decisions are final and binding. The odds of winning depend on the number of eligible Entries and public votes. Once the foregoing requirements have been met, Brainly may, in its sole discretion, announce winners on social media and/or its website, and you agree to Brainly disclosing your personal data to third parties (including, without limitation, using your name, middle school or high school name and photo to announce winners). The winners and a copy of these Rules will be available at https://brainly.com/app/contest and upon request once winners are selected, and for ninety (90) days thereafter.

8. Contest Prize and Payment. Five (5) Contest Prizes shall be awarded to five (5) student Entrants (each, a “Student Winner”), and five (5) Contest Prizes shall be awarded to five (5) Educators nominated by the Student Winners (each, an “Educator Winner”). The Contest Prizes are as set forth below:

For each Student Winner:

• One (1) Amazon gift card totaling $200 in value.
• A one- (1-) year subscription to Brainly Plus https://faq.brainly.com/hc/en-us/articles/115001070650-What-are-the-different-Brainly-Plus-subscriptions, subject to https://brainly.com/pages/terms_of_use.

In addition, one (1) of the Student Winners will be selected at random to be awarded a Nintendo Switch Lite.

For each Educator Winner:

• A one-time amount of USD $500.00 for the purchase of classroom supplies will be awarded to and paid to the Educator Winner in one lump sum via check or DonorsChoose.org gift card (subject to the DonorsChoose Terms of Use at https://www.donorschoose.org/terms), at Educator Winner’s option.
• A one-time amount of USD $250.00 towards the purchase of educational supplies in one lump sum via gift card for a vendor mutually agreed upon by the Educator Winner and Brainly.
• A blog post on Brainly.com featuring the Educator Winner, available at brainly.com/insights for
  a period of at least six (6) months.
• A one- (1-) year subscription to Brainly Plus https://faq.brainly.com/hc/en-us/articles/115001070650-What-are-the-different-Brainly-Plus-subscriptions , subject to https://brainly.com/pages/terms_of_use.

Each Student Winner and Educator Winner is required to provide Brainly with the following information if requested:

1. A signed Affidavit of Eligibility and Liability and Publicity Release on the form provided to you by Brainly;
2. Your residential or shipping address and phone number; and
3. Proof of identity and birth date.

Brainly has the sole discretion over the timing and manner of any Contest Prize payments and/or awards. No transfer or substitution for the Contest Prizes are allowed, except at Brainly’s sole discretion. Brainly reserves the right to substitute the Contest Prizes, in whole or in part, of equal or greater monetary value if the Contest Prizes cannot be awarded, in whole or in part, as described for any reason.

Any valuation of the Contest Prize(s) stated above is based on available information provided to Brainly, and the value of any Contest Prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to Contest Prize acceptance and use not specified in these Rules. Upon request, each winner must provide Brainly with valid identification and a valid taxpayer identification number or social security number before any Contest Prize will be awarded.

Brainly reserves the right to withhold and deduct taxes from the Contest Prize, and each winner may be required to provide to Brainly an amount to cover applicable withholding taxes prior to being awarded the Contest Prize. In such instance, the winner must provide a completed IRS Form W-9, including valid identification and a valid taxpayer identification number or social security number before the Contest Prize will be awarded, and an IRS Form 1099 will be issued to the winner, as required by law.

9. Ownership and Use of Entries. Entrants warrant that their entry is their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted entry and that they have the right to submit the entry in the Contest and grant all required rights and licenses, including as set forth in these Rules. By submitting an entry to Brainly and the Contest, you hereby grant to Brainly, its affiliates, and its and their designees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable license, right, and permission to publish, copy, edit, alter, modify, adapt, use, exploit, create derivative works, publicly perform, display, exhibit, transmit, broadcast, digitize, market, advertise, sell, rent, distribute, disseminate or dispose of, in any and all media and marketing platforms now known or hereafter devised, for advertising and promotional purposes worldwide in perpetuity, including the right to sublicense (through unlimited levels of sublicensees) without compensation, notification to or permission from you of any kind, except as prohibited by law, (a) your entry, the concepts embodied therein and any elements thereof, (b) your name, social media handle, image, likeness, voice, appearance, and biographical information, (c) all copyrights and other intellectual property rights and proprietary rights in the foregoing, and (d) all derivative works of and modifications to the foregoing.

10. Contest Cancellation or Modification. Brainly reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest if for any reason the Contest is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or if Brainly discontinues the Contest. In the event of cancellation, termination or suspension, Brainly shall promptly post a notice on the Contest website to such effect.

11. Privacy. In addition to the specific uses set forth in our Privacy Policy located at https://brainly.com/pages/privacy_policy, Entrants, Educators and visitors hereby agree that personal data submitted with an entry or other communication with Brainly, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Brainly and its affiliates for the purposes of conducting and administering the Contest. We may also use your personal data to send you updates on Brainly and promotional materials from time to time. The personal data, photo, and/or entry of an applicable Entrant and the Educator they nominate for the Contest may be displayed on Brainly’s website and on Brainly’s social media pages. Each Entrant further represents and warrants that they have obtained all necessary consents from such Educator to share such Educator’s personal data with an entry or other communication with Brainly.

12. Release. By submitting an entry, you agree to release and hold harmless Brainly, the qualified judges, and any other vendors associated with advertising the scholarship or scholarship fulfillment, and all of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective officers, directors, employees, contractors and agents (collectively, the “Released parties”) from and against any and all claims or causes of action (“Claims”) and hereby waive any and all such claims, including, without limitation, personal injury, death, or damage to or property, arising out of your participation in the contest, or your acceptance, possession and/or use of the scholarship. 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.

13. Forum and Recourse to Judicial Procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, all Entrants’, Educators’, and visitors’ rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Contest are hereby excluded, and all Entrants, Educators, and visitors expressly waive any and all such rights. Except as set forth in Section 14 (Class Action and Jury Trial Waiver), Brainly’s rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in any court of competent jurisdiction are without restriction.

14. Class Action and Jury Trial Waiver. With respect to all persons, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Brainly agrees otherwise, the court of competent jurisdiction may not consolidate more than one person’s claims. You agree that, by agreeing to these rules, you and Brainly are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

15. Indemnification. You agree to defend, indemnify, and hold harmless brainly, its affiliates, licensors, licensees and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these rules or any act or omission under these rules.

16. Disclaimer of Warranty/Limitation on Liability. The scholarship is awarded “as is” and Brainly does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding the scholarship. Notwithstanding anything else herein or otherwise, Brainly and/or its vendors shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for (a) any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits), (b) data loss or cost of procurement of substitute goods or services, and/or (c) any matter beyond such parties’ reasonable control. In no event will Brainly’s and/or its vendors’ liability arising out of the contest or under these rules from any cause of action whatsoever exceed the amount of USD$500.00.

17. General Conditions and Disclaimers. Brainly reserves the right to disqualify any Entrant and/or Educator from the Contest if, in Brainly’s sole discretion, it reasonably believes that the Entrant and/or Educator has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, Educators, visitors, or Brainly. An Entrant, Educator, or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Rules, as determined in the sole discretion of Brainly. Participation in the Contest is at Entrant’s, Educator’s, and visitor’s own risk. Brainly shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage- due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an Entrant’s or Educator’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, Contest malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to Entrant’s, Educator’s, Visitor’s, or any other person’s computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Contest; or (5) any warranty with respect to any Contest or any component thereof. Any person attempting to defraud or in any way tamper with this Contest or with Brainly’s website may be prosecuted to the full extent of the law. Brainly reserves the right to modify these Rules in any way or at any time.

18. No Third Party Beneficiaries. Except for the indemnified parties and Released Parties under these Rules, these Rules do not and are

19. Entire Agreement; No Waiver; Severability. These Rules, together with the Terms and our Privacy Policy, any and all other agreements expressly incorporated by reference, any affidavit of eligibility and supporting documentation we request you submit, and any and all other policies or legal notices published by Brainly that relate to this Contest (“Agreement”), constitute the entire agreement between you and Brainly concerning the Contest and Contest Prizes. If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Brainly’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Brainly.

20. Winner List. To request the name of winners for this Contest, send a self-addressed, stamped envelope to Brainly, Inc., 1209 Orange Street, Wilmington, Delaware 19801, United States. Please include the name of the Contest. Winner List requests will only be accepted after the end of the Submissions Period listed above. You can also send an email to [email protected].