Cloud Cuckoo Land Library Makeover Campaign

Rules and Regulations

May 2022

No purchase or payment of any kind is necessary to participate in this campaign or be selected for the Cloud Cuckoo Land Library Makeover Transformation (“transformation”) or receipt of Book Pack.

Please read these Official Rules carefully before submitting your nomination.

The purpose of The Cloud Cuckoo Land Library Makeover is to celebrate a school or public library who has gone above and beyond for the community. 

1. Eligibility: The Cloud Cuckoo Land Library Makeover Campaign (“Campaign”) is open to public and school libraries (“Site”), located in the continental United States of America (including Washington, DC.). Libraries located in Hawaii, Alaska, U.S. territories or otherwise outside the United States are not eligible.

Public libraries must be operating in an area that has been determined to be historically under resourced and/or whose median area income is below that of the greater state. School libraries must be serving students in grades K through 12 where the majority of students served are eligible for Free and Reduced Meals.

Individuals nominating a Site for the makeover must be twenty-one (21) years of age or older. To nominate a public-based or school library, the nominator must be a legal resident of the continental United States of America.

This campaign is subject to federal, state, and local laws and regulations and void where prohibited by law. Two types of prizes will be awarded: a library makeover and a book pack. See #6 for details.

Heart of America’s employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees’ immediate family and/or those living in the same household of Employees are ineligible to participate in the Cloud Cuckoo Land Library Makeover.

2. Sponsorship: The sponsor of the Cloud Cuckoo Land Library Makeover is Heart of America (“Sponsor”), located at 655 15th Street NW, Suite 800, Washington DC 20005. Sponsor will conduct the Campaign substantially as described in these Official Rules.

3. Agreement to Rules: By submitting a nomination form, the Entrant/Nominator agrees to abide by the Sponsor’s Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Campaign, the Entrant represents and warrants that he/she/they and the nominated location are eligible to participate based on eligibility requirements explained in the Official Rules. The Entrant and winner also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Cloud Cuckoo Land Library Makeover.

This Cloud Cuckoo Land Library Makeover is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Nominator’s full and unconditional agreement to these Official Rules and HOA’s decisions, which are final and binding in all matters related to the Campaign. Receiving a Library Makeover or Book Pack is contingent upon fulfilling all requirements set forth herein.

4. Cloud Cuckoo Land Library Makeover Entry Period: This promotion begins on at 12:00 AM U.S. Eastern Time (“ET”) on May 25, 2022 and ends at 11:59 PM ET on June 15, 2022. To be eligible for the Campaign, entries must be received within the specified Entry Period.

5. How to Enter: Eligible entrants can enter Cloud Cuckoo Land Library Makeover Campaign by submitting an entry via the online form provided at https://www.heartofamerica.org/nominate-a-school. As a participant, your entry must fully meet all requirements, as specified in the Official Rules, in order for the nominated Site to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion. Fraudulent methods of entry or circumvention of the rules may result in the Sponsor invalidating your entries and removing them from the Campaign at the Sponsor’s sole discretion.

The Campaign is comprised of two stages: Stage 1 involves the nomination of a public and/or school library. Entrants will be required to submit the reasons why the nominated Site deserves to receive a library makeover. The top ten (10) finalists will be selected by the Sponsor, in its sole discretion, by evaluating the nominations against the defined selection criteria as described in the Official Rules. Stage 2 will include community input through an online vote of the top ten (10) finalists selected in Stage 1, in combination with the Sponsor, in its sole discretion, to evaluate and rate nomination using pre-defined selection criteria to determine the library makeover recipient.

Stage 1: Nomination

To nominate a Site, visit at https://www.heartofamerica.org/nominate-a-library to complete a nomination form with the required information, including your name, address, telephone number, e-mail address, and other requested information, and agree to these Official Rules. Submit your nomination in accordance with the instructions therein.

While Sites may receive multiple nominations, multiple entries from the same individual are not allowed.

All entries must be submitted and received by 11:59 PM ET on June 15, 2022. Odds of being selected depend on the number of eligible nominations received. HOA is unable to estimate the projected number of nominations. 

HOA will select up to ten (10) finalists from all eligible nominations to move to the second stage of the campaign. Finalists will be determined based on the submitted nomination and reviewed based on the established campaign matrix. Review includes information on space utilization, staffing, library involvement in the community, and photos. HOA may visit the finalist Site for further evaluation. Finalists will be notified on or around July 18, 2022 and must agree to move forward in the process. Should a finalist Site not wish to be considered for a Library Makeover or Book Pack, or fail to agree to the official rules as outlined here, an alternative Site will be chosen. The option to not select an alternate Site is at the discretion of the sponsor.

Stage 2:  Selection

The finalist Sites will be posted on or around July 25^th, 2022 and community members will be given the opportunity to select the Site they would like to see receive the makeover. To select a Site, visit https://www.heartofamerica.org/voting. Selection opportunities will open August 1^st, 2022 and close by August 10^th, 2022. 

The Site that has received the most votes, in combination with the Sponsor’s, in its sole discretion, evaluation of nominations against the defined selection criteria, in coordination with official rules, will receive the Cloud Cuckoo Land Library Makeover. Participants may log on to select a Site more than once, but only one submission per day per participant will be allowed. 

HOA will select the final Site for the Cloud Cuckoo Land Library Makeover by August 15^th, 2022 and notify the selected Site promptly thereafter. HOA may select the school or public library, and make all other decisions regarding the campaign, based on criteria determined by it in its sole discretion. Additional prizes for other finalists will also be awarded at that time. 

The selected Site may be required to execute the Cloud Cuckoo Land Library Makeover and/or Book Pack acceptance documents, including liability, tax, publicity, photo, and video releases, and return them within ten (10) days of selection notification, as detailed below.   

6. Prizes: The Winner(s) of the Cloud Cuckoo Land Library Makeover (the “Winner”) will receive a library makeover and/or book pack.

The Makeover may include new furnishings, equipment, paint, carpet, mural, and books. Up to five Sites will receive book prize packs for their library. Final contents of the book pack will be determined at time of award and may include up to 100 assorted new books from authors associated with Simon and Schuster, and its affiliates.

The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the prize to others, nor shall the Winner request the cash equivalent or prize substitution.  NONCOMPLIANCE OR RETURN OF BOOK PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.

By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.

7.  Odds: The total number of eligible entries received determines the odds of winning.

8. Selection and Notification of Winner: The Winner will be selected by a structured review of all nominations and through leveraging the community selection opportunity, under the supervision of the Sponsor.

The Sponsor will notify the finalists at the end of stage one via email and/or phone. The Sponsor will notify the final Winner(s) by email within ten days following close of voting and subsequent Winner selection. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within TEN (10) from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited, and an alternate Winner may be selected. Receipt of the prize (offered in the Cloud Cuckoo Land Library Makeover Campaign) by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

9.  Rights Granted by You: By submitting an entry (e.g., text, video, photo, etc.) into this Campaign, you understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees’ successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Cloud Cuckoo Land Library Makeover campaign and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. The nominated Site will have the right to opt out of the campaign, once notified the Site is a finalist or a winner. 

10.  Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Cloud Cuckoo Land Library Makeover campaign should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Cloud Cuckoo Land Library Makeover. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the campaign or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Cloud Cuckoo Land Library Makeover campaign, to void votes for any reason, including, but not limited to the use of bots, macros, scripts, or other technical means for entering, or multiple entries in one day. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Cloud Cuckoo Land Library Makeover campaign may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.

Decisions of the Sponsor (HOA) are final and binding. The Sponsor is not responsible for any incorrect or inaccurate information or any lost or misdirected entries. Cloud Cuckoo Land Library Makeover and Book Pack details are at HOA’s discretion. Nominations become the property of HOA. Personal data submitted through HOA’s website will be used in accordance with HOA’s privacy policy.

11.  Limitation of Liability: Your entry into this Cloud Cuckoo Land Library Makeover constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Campaign and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to nominations or nomination forms; or alteration of nominations or nomination forms; 3) any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any nomination to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Campaign.

In no event shall any HOA Indemnified Party be liable for indirect, special, incidental or consequential damages of any kind in connection with or arising out of the Campaign or Official Rules (whether in contract, tort, negligence, strict liability, statute or otherwise) even if such party has been advised, knew or should have known of the possibility of such damages, including, but not limited to, lost profits or cost of capital. In no event shall the HOA Indemnified Parties’ cumulative liability exceed one dollar ($1.00). The provisions of this section shall survive the expiration of the Campaign and shall apply even if the limited remedy specified in these Official Rules is found to have failed of its essential purpose.

12.   Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF MARYLAND, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Campaign, they shall be individually resolved exclusively before a court located in Maryland having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Campaign). The participant waives all rights to have damages multiplied or increased. 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Campaign materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

13.  Privacy Policy: By submitting a Nomination, Nominators agree that HOA may post their names and the names of the nominated Site on its website or other promotional materials and that it may publicize information about Sites selected for the Cloud Cuckoo Land Library Makeover or Book Pack as described above. 

14.  Winners List: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via email to questions@heartofamerica.org. Requests must be made no later than September 1, 2022, at 11:59 pm EST.

15.  The campaign hosted by Heart of America and is in no way sponsored, endorsed, administered by, or associated with Facebook. 

By submitting a nomination, you, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules. Nominators also agree (a) to be bound by these Official Rules; and (b) that the decisions of HOA are final and binding with respect to all matters relating to the Campaign. All federal, state and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on the Cloud Cuckoo Land Library Makeover or Book Pack are the sole responsibility of the recipients. In the event that the selected location(s) is/are ineligible, cannot reasonably be located or reached after reasonable attempts (within the sole discretion of HOA) or does/do not respond within ten (10) days to a selection notification, or refuses the Cloud Cuckoo Land Library Makeover or Book Pack, the gift will be forfeited and HOA, in its sole discretion, may choose whether to award the Cloud Cuckoo Land Library Makeover or Book Pack to another entrant.

The Sponsor/HOA reserves the right to verify the validity of any Nomination and/or Nominator (including a Nominee’s identity and address) and to disqualify any Nominator who submits a Nomination that is not in accordance with these Official Rules or who tampers with the nomination process. Failure by HOA to enforce any of its rights at any stage does not constitute a waiver of those rights.

16.  Right to cancel or suspend campaign: If for any reason the Campaign is not capable of running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of HOA that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Campaign, HOA reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the nomination process, and/or to cancel, terminate, modify, or suspend the Campaign.