Official Rules

Upromise Tuition Tales 2010

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Tuition Tales (the “Promotion”) is open only to Upromise members who are legal residents of the fifty (50) United States (including District of Columbia) and have reached the age of majority in their jurisdiction of residence at the time of entry. Employees of Upromise, Inc. (“Sponsor”), DAS Group (“DAS”), Centra Marketing and Communications, LLC (“Centra”) and each of their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s or its designee’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a contest (the “Contest”) and an instant win game (the "Instant Win Game"). All Contest winners and Instant Win Game winners must be valid Upromise members in order to claim their prize. Upromise membership is free. Visit http://www.upromise.com to become a member.

2. Sponsor:Upromise, Inc., 95 Wells Avenue, Suite 160, Newton, MA 02459.

3. Timing:The Promotion consists of the three (3) phases listed below. All times listed are in the Eastern Time Zone (“ET”).

Phase Starts Ends
Initial Voting Phase April 5, 2010 May 5, 2010 (Midnight)
Judging Phase May 6, 2010 May 12, 2010
Final Voting Phase May 12, 2010 May 26, 2010 (Midnight)

DAS’s computer is the official time keeping device for the Promotion.

4. How to Enter:

a. To Enter the Contest: To become an Entrant in the Contest, during the Initial Voting Phase visit http://www.tuition-tales.com and follow the links and instructions for entry including choosing only one of the following categories for which it should be considered: “Smart Saving for College Strategies,” or “Smart Paying for College Strategies ” (each, a “Category”). Submit the completed registration form and upload one (1) video discussing either your “Smart Saving for College Strategy” or your “Smart Paying for College Strategy” (the “Video”). You will receive one (1) entry into the Contest. Each video may be submitted only once and only for one Category. Duplicate entries using the same video will be disqualified. Please note that any information you submit for entry into the Contest may be provided to service providers to Sponsor who are required to use such information only in connection with the administration of the Contest and such information will be subject to the Upromise Privacy Statement available at www.upromise.com/privacy.

b. To Play the Instant Win Game: During the Final Voting Phase, if you are a Upromise member, visit http://www.tuition-tales.com and follow the links and instructions for providing your name and valid e-mail address. Once you submit the required information, follow the instructions to view Tuition Tales Videos, vote for your favorite Tuition Tales Video, advance to the Instant Win Game page and play the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. If you do not receive an Instant Winning message or directions for validation, you are not an Instant Winner. All potential winners are subject to eligibility verification before any prize will be awarded. DAS is responsible for the functionality of the Instant Win Game. Centra is responsible for the fulfillment of prizes for the Instant Win Game. Limit: You may only vote for a Tuition Tales Video and play the Instant Win Game one (1) time per day during the Final Voting Phase. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to vote or play the Instant Win Game more than once per day by using multiple or different email addresses, identities, registrations, logins, or any other methods will void that entrant's vote and that entrant’s Instant Win Game plays. At Sponsor’s discretion, such an entrant may be disqualified from any participation in the Promotion.

For Contest: By completing the registration and submitting your Video, you agree that your Video adheres to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Video and disqualify you from the Contest if it believes, in its sole discretion, that your Video fails to conform to any of the Guidelines and Restrictions or if you have otherwise violated these Official Rules. Entrants to the Contest and participants in the Instant Win Game may also post comments on each Entrant’s “page” in the Contest (“Comments”). The Comments must adhere to the applicable Content Restrictions listed below, and will be posted (or deleted) in Sponsor’s sole discretion.

Video Guidelines: The Video must meet the following guidelines:

  • The Video must be in .avi, .dv, .mov, .qt, .mpg, .mpg2, .mpeg, .mpeg2, .mpeg4, .mp4, .3gp, 3g2, .asf or .wmv format;

  • The Video must have a file size no greater than 50 MB and be no longer than thirty (30) seconds in length; and

  • The Video cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means previously.

Content Restrictions: The Video (and Comments where indicated) must meet the following content restrictions:

  • Entrant certifies that he/she is the owner of the Video and has the authority to submit it into the Contest and that it will be subject to these Official Rules;

  • Entrant certifies that he/she has received the consent of all parties displayed in the Video to submit the Video for the Contest, subject to these Official Rules;

  • Neither the Video nor any Comments may contain material (including, for example, music, theme songs, tv or movie clips, etc.) that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

  • Neither the Video nor any Comments may contain any brand names or trademarks with the exception of the Upromise or Sallie Mae brand or trademarks;

  • Neither the Video nor any Comments may contain material that is inappropriate, offensive, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;

  • Neither the Video nor any Comments may contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

  • Neither the Video nor any Comments may contain material that is unlawful, in violation of or contrary to the laws or regulations in the jurisdiction where Video is created.

For all Videos and Comments: All Videos and Comments will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Videos or Comments, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity, unless where prohibited by law. ENTERING A VIDEO OR POSTING ANY COMMENTS IN THIS PROMOTION CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE VIDEO OR COMMENTS INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS.

For both Contest and Instant Win Game: Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or Videos, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, Online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

5. ALL POTENTIAL WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSOR OR ITS DESIGNEE, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST OR INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL CONTEST WINNER AND/OR INSTANT WIN GAME WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.

6. Winner Determination:

a. For Contest: Ten (10) finalists (“Finalists”), five in each Category, will be selected. From the Finalists, two (2) Grand Prize Winners, one in each Category will be selected.

Initial Voting Phase: During the Initial Voting Phase, 20% of an entrant’s score to become a finalist in the Contest will be determined by public voting. Contest entrants’ submitted videos will be posted by Category in an online gallery for public voting at http://www.tuition-tales.com. To vote, if you are a Upromise member, visit http://www.tuition-tales.com and follow the links and instructions to vote for the Video that is your favorite. Limit: An individual may only vote one (1) time per day during the Initial Voting Phase.

Judging Phase: During the Judging Phase, 80% of an entrant’s score to become a finalist in the Contest will be determined by a panel of judges designated by Sponsor. The judges, selected by Sponsor, will select and score, in their own discretion, a total of ten Videos, made up of five (5) in each Category, based on the following criteria: 33% quality, 33% fit to theme and 34% creativity.

Entrants’ scores in the Initial Voting and Judging Phases will be combined to identify the ten (10) Finalists. In the event of a tie between two (2) or more Videos, the Video with the highest creativity score will be given the advantage.

Final Voting Phase: In the Final Voting Phase, the public may vote for their favorite video from among the twelve Finalists to choose a Grand Prize Winner in each Category. In the event of a tie between two (2) or more Finalists for a Grand Prize, the Finalist who receives the highest creativity score in the Judging Phase will be the potential Grand Prize winner.

The remaining eight (8) Finalists will be First Prize winners and notified on or around May 27, 2010. The two potential Grand Prize winners will be notified by email, telephone, or registered mail on or around May 27, 2010.

b. For Instant Win Game: During the Final Voting Phase, thirty (30) randomly selected players who voted for their favorite video will be eligible for one (1) prize each, which are listed below. If you are one of the randomly selected players, you will be a potential instant winner of the prize indicated.

7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize winner will be required to sign and return to Sponsor or its designee, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) (the “Affidavit”) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit within the required time period (if applicable), he/she forfeits prize. If a potential Grand or First Prize winner is disqualified for any reason, Sponsor or its designee will award the applicable prize to the entrant who received the next highest score in determining Finalists. If a potential Instant Win Game Prize winner is disqualified for any reason or does not claim his/her prize, Sponsor or its designee will award the applicable prize to an alternate winner by a random drawing among all remaining eligible entrants who voted during the Final Voting Phase. If Up to three (3) alternate potential winners will be selected according to these processes, after which the applicable prize will remain un-awarded. Prizes will be fulfilled eight (8) to ten (10) weeks after the conclusion of the Promotion.

8. Prizes:

a. Contest Prizes:

TWO (2) GRAND PRIZES: $10,000 deposited into a Upromise account for the benefit of the winner that the winner can apply towards college tuition, a $500 Bank of America® Visa® Gift Card. Actual Retail Value ("ARV") of each Grand Prize: $10,500. EIGHT (8) FIRST PRIZES: A $500 Bank of America® Visa® Gift Card. ARV of each First Prize: $500.

b. Instant Win Game Prizes:

THIRTY (30) INSTANT WIN GAME PRIZES: A $50 Bank of America® Visa® Gift Card. Odds of winning an Instant Win Game prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Total ARV of all Instant Win Game Prizes: $1,500. Terms and conditions of gift cards apply.

For All Prizes: TOTAL ACTUAL RETAIL VALUE OF ALL CONTEST AND INSTANT WIN PRIZES: $26,500. Prizes are not transferable or redeemable for cash and no substitution is allowed, except by Sponsor, who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Contest Prize and one (1) Instant Win Game Prize per household.

9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, DAS, Centra, and their respective parent and affiliate companies, suppliers, distributors, advertising/promotion agencies and each of such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

10. Publicity: Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, image, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest or the Instant Win Game may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Instant Win Game play or Contest entry, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

13. Disputes: Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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, indirect, 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 the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy posted on its website at www.upromise.com/privacy.

15. Winner List:
For the winner list, send a self-addressed stamped envelope to:

Upromise Tuition Tales 2010 Winner List
95 Wells Avenue
Newton, MA 02459
Requests must be received by August 31, 2010.

©2010 Upromise, Inc. All Rights Reserved.

Brought To You By Bank of America Sallie Mae | Upromise
Remember to vote for your favorite video by Midnight Eastern Time on May 26th!
No purchase necessary. A purchase of any kind will not increase your chances of winning. See OFFICIAL RULES for details.
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