MasterClass David Baldacci Writing Contest

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OFFICIAL RULES

OPEN ONLY TO CURRENT MEMBERS OF MASTERCLASS WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED.

1. ELIGIBILITY:

The MasterClass David Baldacci Writing Contest (the “Contest”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are current active members of the MasterClass online platform and who are 18 years of age or older as of the date of submission. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Yanka Industries, Inc. dba MasterClass (“Sponsor”), and members of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its sole discretion and will be final and binding. U.S. law governs this Contest. Void where prohibited by law.

2. HOW TO ENTER:

The entry period for the Contest begins 5:00 a.m. Pacific Time (PT) on November 1, 2021 and continues through 11:00 p.m. PT on December 5, 2021 (the “Entry Period”). The following guidelines must be followed in order for your entry to be considered valid and entrants must enter the Contest via the form on the Contest landing page (“Landing Page”).

(a) Guidelines for Submissions: Eligible individuals may enter the Contest by filling out the form on the Landing Page and submitting an entry with the following:

      1. A maximum of two chapters of the entrant's original, unpublished novel in PDF format (the submission may not exceed 10,000 words);
      2. the entrant’s first name and last initial;
      3. the email address associated with the entrant’s MasterClass account;
      4. the entrant’s country of residence; and
      5. [Optional] a brief written description of how David Baldacci’s class on the MasterClass platform influenced and impacted the entrant’s writing.

An entry is referred to in these Official Rules as a “Submission.” Submitting a Submission during the Entry Period constitutes acknowledgement of and agreement and consent to these Official Rules and the MasterClass Terms of Service and Privacy Policy. Each Submission must comply with all of the submission guidelines set forth in this Section 2 and in Section 3 below.

3. GENERAL ENTRY TERMS & CONDITIONS:

Each entrant is limited to one Submission. Sponsor will have the right to disqualify all entrants who submitted duplicative Submissions. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. The entrant must be able to receive emails from the email associated with MasterClass account used by the entrant to enter the Contest from the time of submission through sixty (60) days after the end of the Entry Period to enable Sponsor to communicate with potential winners. Members who have accessed the MasterClass platform with a Guest Pass will need to extend the membership in order to receive communications from Sponsor.

Entry into this contest constitutes agreement by entrants to abide by these rules. Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright(s) in the Submission; (c) the Submission must not previously have been submitted in connection with any Contest or contest, published for commercial purposes or won any award; (d) the Submission must be truthful and accurate; (e) the Submission must not identify, depict, contain or otherwise use any Personality Rights (as defined below) of any person (except for the entrant or any person identified in Sponsor’s communications relating to this Contest); (f) the Submission must not contain any photos of any persons or any email address, mailing address, phone number, social security number, or any other personally identifying information of any person, except as explicitly permitted by the General Entry Terms and Conditions in 2(a); (g) the Submission must not include any brand name, trademark or logo of any entity; (h) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from (other than pursuant to clause (e) above) or payment to any third party; (i) the Submission must not exhibit the entrant engaging in or otherwise promoting any illegal, sexually explicit, violent or dangerous behavior; (j) the Submission must not contain any material that is disparaging, defamatory, discriminatory, bigoted, threatening, indecent, violent, obscene or offensive; and (k) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing, display and/or promoting Sponsor’s or its affiliates content, authors and imprints. “Personality Rights” means the name, likeness, image, voice and biographical information of or any statement attributed to any person. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Submission that Sponsor determines does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.   

4. WINNER SELECTION AND NOTIFICATION:

Following the conclusion of the Entry Period, Sponsor and David Baldacci will, in their sole discretion, select five (5) Prize winner from the eligible entries received via the Landing Page. Winners will be selected according to the following criteria:

  1. Character development (45%): Do we get a taste of who your characters are? Do you use skills from class to develop your characters? (e.: Do they have flaws? Is there an equal importance of your sidekicks and antagonists? Is there believable dialogue?)
  2. Plot (45%): Is your plot well crafted and credible? Are we hooked to keep reading? Do you incorporate pacing, tension and suspense?
  3. Mechanics (10%): Is your paragraphing, grammar, punctuation and spelling clean and polished?

Winners will be selected and notified the week of January 17, 2022 (date subject to change at Sponsor’s sole discretion) via email sent to the email address used by the potential winner in their Submission.

If Sponsor’s notification requires a response, the potential winner must respond to Sponsor’s initial notification attempt within seventy-two (72) hours with such personal information or confirmation as Sponsor may require. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability or an Affirmation of Eligibility/Release of Liability, as determined by Sponsor, and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth herein (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. If the potential winner cannot be reached or fails to provide any required Winner Verification Documents within the designated timeframe, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).

5. PRIZE:

Five (5) Prizes will be offered. Each Prize will consist of:

  1. Direct written feedback from David Baldacci on the Winner’s submitted writing; and
  2. A thirty (30) minute meet and greet with David Baldacci alongside all Winners (“Meet & Greet”)*.

*The virtual session will be held on Zoom. Once a time is mutually agreed for the Meet & Greet, each Winner will receive a Zoom link before the event. Winners must have access to Zoom and necessary technology to participate. Sponsor will not be responsible for the winner's inability to join the Meet & Greet via the designated software (i.e., Zoom). Use of login credentials, access codes, and gift cards is subject to the issuer’s terms and conditions. Zoom is not a sponsor of or affiliated in any way with this Contest.

If the winner is not available for the Meet & Greet at the designated time, the prize will be forfeited. Event dates, details, and venue may be subject to change. In the event of cancellation or postponement of any prize-related activity, Sponsor’s only obligation will be to provide a substitute the prize or any component thereof with a prize or prizes of equal or greater value selected by Sponsor in its discretion.

The total approximate retail value (“ARV”) of the Prizes is USD $4,990. Due to the value of the Prize, the Winner will be required to submit a W9, 1099-MISC, and/or equivalent tax forms in order to receive payment.

In the event the Winner engages in behavior during any prize-related activity that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor or David Baldacci, or that otherwise violates these Official Rules, Sponsor reserves the right to revoke the Prize and remove the winner from the applicable prize-related activity, and/or disqualify the winner from the Contest and require the winner to forfeit any and/or all prize components, with no further obligation or compensation whatsoever to the winner and no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct.

All Prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. No substitution, cash redemption or transfer of the right to receive the prize is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any component of the prize with a prize or prize component of equal or greater value selected by Sponsor in its discretion. The Prize consists only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any component of the prize are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.

6. GRANT OF RIGHTS:

By entering the Contest, each entrant irrevocably grants to Sponsor, each of Sponsor’s Affiliates, and the agents and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, and any information supplied by the entrant (including an e-mail address provided for delivery of prize) in accordance with Sponsor’s Privacy Notice at http://masterclass.com/privacy and in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for the purpose of administering the Contest, without further notice or compensation.

In addition, by submitting a Submission, each entrant irrevocably grants to the Licensees (i) a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or in part, and (ii) the right to use in connection with the Submission the entrant’s name, in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation on Sponsor’s websites and Twitter, Instagram, Facebook, and other social media channels), including without limitation for commercial use and in advertising and promotions, without further notice or compensation. In addition, each entrant understands that Submissions may be made public and may be reposted on Twitter, Instagram, Facebook, Pinterest, and other social media channels by other users.

7. RELEASE AND LIMITATION OF LIABILITY:

By entering the Contest, to the fullest extent permitted by applicable law, each entrant on behalf of himself or herself and anyone who succeeds to entrant’s rights and responsibilities including without limitation entrant’s heirs, executors, administrators, personal representatives, successors, assigns, agents, and attorneys, and with respect to minors entrant’s parents and legal guardians (collectively the “Entrant Parties”) releases Sponsor, each of Sponsor’s Affiliates, the licensees and licensors other than Entrant Parties including authors of each of the foregoing, all other companies involved in the development or operation of the Contest, Twitter, Instagram, Facebook, Pinterest, the successors and assigns of each of the foregoing and the directors, officers, employees and agents of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant and/or Entrant Parties ever had, now have or might in the future have arising out of or relating to the Contest, participation in the Contest, the provision, acceptance or use of any prize or any component thereof, or any exercise by the Licensees of any of the rights granted in Section 6 above, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) or based upon any allegation of a violation of the laws, rules or regulations relating to personal information and data security. Each entrant on behalf of himself or herself and the Entrant Parties agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant on behalf of himself or herself and the Entrant Parties assumes the risk of, and all liability for, and shall indemnify and defend Sponsor and Label for the same, any injury, loss or damage caused, or claimed to be caused, by participation in this Contest, the use of Twitter, Instagram, Facebook, or Pinterest related to the Contest, or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the contest page or attempted communications with any entrant or Entrant Parties, the submission, collection, storage and/or processing of entries or the administration of the Contest. The term “Affiliate” of Sponsor means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Sponsor. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies of an entity, or the ownership, directly or indirectly, of more than fifty percent (50%) of the equity interests of the entity.

8. GENERAL RULES:

Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Contest at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct, failure or refusal of any person or entity involved in the development or operation of the Contest (including without limitation any author) to comply with such party’s obligations in connection with the Contest, failure or unavailability of any website, account or platform on which the Contest is to be offered or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Contest or if for any other reason Sponsor is not able to conduct the Contest as planned (including without limitation in the event the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state, provincial, territorial, or local law, order or regulation or court order). Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. All federal, state, provincial, territorial, and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Contest, entrants on behalf of themselves, and to the extent permitted by law on behalf of the Entrant Parties agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.

9. DISPUTES:

By entering the Contest, each entrant on behalf of himself or herself and the Entrant Parties agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims and causes of action arising out of or connected with the Contest, or the provision, acceptance and/or use of any prize or prize component, will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) under no circumstances will any entrant or Entrant Party be permitted to obtain any award for, and each entrant and Entrant Party hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Entrant Parties and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in San Francisco County in the State of California, waiving any right to trial by jury, and each entrant and Entrant Party consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Contest. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.

10. WINNER NAME AND RULES REQUESTS:

For the names of the Winners, which will be available two months after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to: Attn: David Baldacci Writing Contest, MasterClass, 660 4th Street #443, San Francisco, CA 94107. Winner name requests must be received by Sponsor within three months after the conclusion of the Entry Period.

11. SPONSOR:

Yanka Industries, Inc. dba MasterClass.  The Contest is in no way sponsored, endorsed, or administered by, or associated with, Zoom, Twitter, Instagram, Facebook, or Pinterest.

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