1. These Terms apply to your access to, and participation in, the Scholastic ClassroomsCountTM Campaign Program ("Campaign"), which is operated by Scholastic Inc., a New York corporation. The Campaign is the Scholastic online fundraiser initiated by Educators to collect funds to outfit their classrooms with Scholastic Products. Only Educators with a Scholastic Account are eligible to initiate a Campaign through the Scholastic website at https://account.scholastic.com/my-scholastic/profile/create-campaigns.html
2. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Scholastic for other products or services. Scholastic reserves the right to change or modify these Terms or any policy, FAQ, or guideline pertaining to the Campaign, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.scholastic.com/site/classroomfunds/terms.html, and you waive any right you may have to receive specific notice of such changes or modifications, except as may be required by law. Your continued access to or participation in a Campaign following any such changes or modifications confirms your acceptance of these Terms and such changes or modifications; therefore, you should review these Terms and the policies, FAQs and guidelines pertaining to the Campaign frequently to understand the terms and conditions that apply to your access to and participation in a Campaign. If you do not agree to these Terms, you must stop accessing and participating in a Campaign.
3. Campaigns are intended for individual Educator use only. Commercial use is prohibited. Educators must create a Scholastic Account to participate in a Campaign. You must be a legal resident of the United States or its territories, at least 18 years of age or the age of majority in your jurisdiction, to contribute to or initiate a Campaign. This program is not targeted toward, nor intended for use by, anyone under the age of 13. Your Scholastic Account is personal to You, and You may only have one Scholastic Account. Your Scholastic Account may not be sold, transferred, assigned to, or shared with, family, friends or others. If we discover that You have more than one account, we may terminate any and all of Your accounts, and You shall immediately forfeit all Campaign and Scholastic Accounts. You are responsible for ensuring that no unauthorized person has access to Your Scholastic Account. You are responsible for all activity within your Scholastic Account. Please safeguard your Scholastic Account.
4. Educators must have, or will be required to establish, an Educator Account to initiate and maintain a Campaign. When creating an Educator Account, You will be required to provide your name, a valid email address, affiliated school and role (e.g., teacher, administrator, etc.). When You create Your Account, We will use that information to communicate with you regarding your Campaign and Funds.
5. Educators may initiate a Campaign by logging into their Educator Account and following the prompts to set up a Campaign. Educators may subsequently share the details of their Campaign via social media, email, or other online communication, and invite others to contribute. Educators sharing their Campaign may not portray Scholastic in a false, misleading, derogatory or otherwise defamatory manner. Educators are prohibited from linking or sharing the Campaign to social media or any other sites that contain any obscene, pornographic, sexually explicit or illegal material, or any material that is offensive, harassing or otherwise objectionable.
6. Once a Campaign has been initiated by an Educator, anyone can contribute money (U.S. dollars only) to their favorite Educator’s Campaign. The amounts contributed to the Campaign shall be deemed Funds and can be utilized by the Educator to purchase Scholastic Products. The Funds can only be used by the Educator to whom the Funds were contributed, and the Funds can only be used to purchase Scholastic Products. Funds cannot be used to make any other purchases from Scholastic or elsewhere, including but not limited to Scholastic Teachables.. In the Scholastic Teacher Store (shop.scholastic.com/teachers), Funds can only be used in combination with credit card payments and cannot be used in combination with other payment types (e.g., school purchase order or “Invoice Me” payment options). Funds may not be used to make purchases offline and may not be redeemed for cash. Funds cannot be used on our Reading is Fundamental (RIF) partner site.
8. For Educators, we will communicate with you about your Funds using the e-mail address associated with your Educator Account. We will send those contributing to a Campaign an email confirming the details of the contribution using the email address they submitted with their contribution.
9. You may receive promotional messages by email, SMS, or other electronic messaging. You may unsubscribe from promotional commercial messages at any time by changing Your preferences in Your account, opting out via the unsubscribe link at the bottom of the email, or by following the opt-out instructions to any SMS message or other computer electronic message as specified within the message. Even if You opt out of receiving promotional messages, You understand and agree that we may continue to send You other Campaign related messages concerning Your account.
10. Every dollar contributed to a Campaign reflects a U.S. dollar within the Campaign for the Educator to use to purchase Scholastic Products, subject to these Terms.
11. Some Scholastic Products may not be available for purchase with Campaign Funds. Campaign Fund contributions to an Educator may not exceed $2,000.00 per donation; and the total value that may exist in a Campaign Fund Account on a single day may not exceed $10,000.00. Scholastic may choose to place further limits on the amount of funds that can be received by an Educator in a Campaign, in a day without prior notice.
12. Without notice to the Educator, all funding and redemption activities within a Campaign, or the entire Campaign, may be suspended due to actual or suspected fraudulent activity.
13. Without notice to the Educator, we reserve the right to terminate or suspend any Campaign and/or Educator Account in the event the Educator Account is inactive for more than twelve (12) months.
14. PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
YOU HEREBY CONSENT THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF THE CAMPAIGN, YOUR SCHOLASTIC ACCOUNT, AND THESE TERMS (OR THE BREACH THEREOF) – WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”) – SHALL BE GOVERNED BY NEW YORK LAW, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS IN NEW YORK COUNTY, NEW YORK, AND YOU HEREBYT WAIVE ANY DEFENSE OF LACK OF PERSONAL JURISDCTION AND/OR INCONVENIENT FORUM.
15. WE AND YOU AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING.
You understand that, in return for Your agreement to these additional terms set forth in this Section, we are able to offer You access to and use of the Campaign upon the Terms set forth herein, and that Your assent to this Section is an indispensable consideration to this contract. You also acknowledge and understand that, with respect to any DISPUTE:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.
16. We make no warranties, express or implied, with respect to any Scholastic Account or Campaign, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.
By participating in any Campaign, You agree that we have no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused directly or indirectly arising out of or related to any Campaign or these Terms, including without limitation: (i) any failure, delay or decision by us in administering the Campaign or these Terms, including amendments thereto; or (ii) unauthorized use by any third party of Your account.
We and You agree that, on any claim arising out of or relating to Your participation in any Campaign, or these Terms, to the fullest extent permitted by law, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages, and we and You both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability we may have to You for any negligence, breach of contract or otherwise, is limited to the dollar amount of Campaign funds raised within the school year applicable to the date upon which the claim arose.
Unless otherwise required by law, an action or proceeding by You to enforce an obligation, duty or right arising under these Terms or by law must commence within one (1) year after the cause of action accrues.
NOTE: In some jurisdictions the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to You, some or all of the foregoing limitations and waivers may not apply to You. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law. The foregoing arbitration provision, limitations, and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.
17. Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects the pending Campaign balance in an Educator Account.
To cancel Your Scholastic Account at any time, please call Scholastic Customer Service at 1-800-SCHOLASTIC. Your Scholastic Account will be terminated within thirty (30) days, and the balance of your Account shall be transferred to an Educator of your choice, with an Educator Account. If your chosen Educator does not have an Educator Account, they will have to set one up or an alternate Educator with an Educator Account will have to be selected.