IMPORTANT - READ CAREFULLY
Last Modified: July 3, 2024
THESE TERMS AND CONDITIONS (“TERMS”) ARE BETWEEN YOU (“YOU”) AND SCHOLASTIC INC., (“WE” OR “US” OR “SCHOLASTIC”) AND DESCRIBE THE TERMS AND CONDITIONS THAT APPLY TO THE SHARE THE FAIR PROGRAM (THE “PROGRAM”). THESE TERMS ARE IN ADDITION TO THE SCHOLASTIC TERMS OF USE WHICH ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT, HOWEVER, THAT ANY PROVISIONS OF THE FOLLOWING TERMS CONFLICT WITH THE SCHOLASTIC TERMS OF USE, THE FOLLOWING TERMS CONTROL, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS OF THESE TERMS COVERING DISPUTE RESOLUTION. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.
BY AGREEING TO THE FOLLOWING TERMS YOU ARE FOREGOING ANY RIGHT YOU MAY HAVE TO JOIN A CLASS ACTION AND FOREGOING THE RIGHT TO A JURY TRIAL
You agree that we may provide notices, disclosures and amendments to these Terms, and other information relating to your Scholastic Account and the Program by electronic means, including posting such materials online at https://www.scholastic.com/site/sharethefair/terms.html.
Applicable Defined Terms:
- Program – “Share the Fair” is a program that allows parents or guardians to contribute to a fund (“Program Funds”) for the purpose of purchasing Scholastic Products for the benefit of schools, classrooms and students. Program Funds are then for the use of the school that is hosting the In-School Scholastic Book Fair and are controlled by the Book Fair Chairperson. Program Funds are available for use by the school to purchase Scholastic Products for the hosting school or students in need of funds that the hosting school selects in its reasonable discretion. Program Funds are non-refundable and cannot be assigned or transferred by the school.
- In-School Scholastic Book Fair - Scholastic sponsored event where Scholastic Products are sold on school premises.
- Scholastic Products – books and merchandise available for purchase at an In-School Scholastic Book Fair and such additional Scholastic products and services as Scholastic may notify Your school about in the future.
The following Terms for the Program apply to Your participation in the Program.
1. The Program is operated and administered by Scholastic.
2. The Program is designed to allow parents, guardians, friends and family members of a student to contribute to a fund that is controlled for at least two years by the school hosting the In-School Scholastic Book Fair. This fund permits the hosting school, through the schools designated Book Fair Chairperson, to purchase Scholastic Products at an In-School Scholastic Book Fair during the In-School Scholastic Book Fair dates.
3. Online contributions to the Program may be made by all parents or guardians who have established an online Scholastic Account and who have a valid credit card or debit card or Scholastic eGift Card. Parents or guardians are required to provide their email address, student’s name, educator’s name, grade, and cardholder information to deposits funds into the Program online. Contributions may also be made in person at check-out at an In-School Scholastic Book Fair. Depositing funds in the Program is completely voluntary and subject to these Terms and Conditions.
4. Program Funds are intended for use by the hosting school, at the discretion of the school’s designated Book Fair Chairperson. Program Funds are non-refundable and cannot be shared or transferred. At the end of the In-School Scholastic Book Fair, any remaining Program Funds may only be used by the school to purchase Scholastic Products available through the In-School Scholastic Bookfair at any subsequent In-School Scholastic Book Fair, unless applicable law provides otherwise, and subject to Section 6 below.
5. Program Funds may be accessed by the Book Fair Chairperson to purchase Scholastic Products for the hosting school or students in need of funds that the hosting school selects in its reasonable discretion, prior to use in accordance with Section 6 below. Funds may not be redeemed for cash, unless otherwise required by law. All funds in the Program account are reflected in United Stated Dollars (USD).
6. Scholastic may choose to place limits on the amount of funds that can be deposited into the Program in a day, without prior notice. Funds placed in the Program shall not expire or decrease in value over time. There will be no penalty for inactivity regarding Share the Fair Program funds on the part of the hosting school nor will Scholastic transfer the funds to its own account. However, if any contributed funds are not redeemed to purchase Scholastic Products by the Book Fair Chairperson within a period of 2 years from their date of contribution, Scholastic retains the right to use such remaining funds to purchase Scholastic Products, on behalf of other schools, classrooms or students, since the contributor’s original purpose in contributing the funds was to purchase Scholastic Products on behalf of schools, classrooms and students.
7. 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, if older, to participate in the Program. Program funds are owned by Scholastic Book Fairs, but are controlled by the Book Fair Chairperson designated by the school unless they are used in accordance with Section 6 above. The designated Book Fair Chairperson is responsible for ensuring that no unauthorized person has access to the Program funds. The Book Fair Chairperson is responsible for all activity regarding the school’s Program funds and preventing unauthorized access to such funds.
8. 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 Program, in whole or in part, at any time and in its sole discretion without prior notice to You. Any changes or modifications will be effective immediately upon posting the revisions to https://www.scholastic.com/site/sharethefair/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 participation in the Program following any such changes or modifications confirms Your acceptance of these Terms and such changes or modifications; therefore, You should frequently review these Terms and the FAQs and any additional guidelines pertaining to the Program so that You understand the terms and conditions that apply to Your participation in the Program. If You do not agree to these Terms, You must stop participating in the Program.
9. These Terms are subject to and incorporate by this reference Scholastic’s Privacy Policy which can be found at https://www.scholastic.com/privacy.htm. Additional terms and conditions may apply to the purchase of Scholastic Products and use of the Scholastic website, and You agree to abide by such additional terms and conditions.
10. Without notice to You or the student, all funding and redemption activities associated with the Program may be suspended due to actual or suspected fraudulent activity.
11. DISCLAIMER OF WARRANTIES. THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. SCHOLASTIC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, SCHOLASTIC, DOES NOT WARRANT THAT ACCESS TO THIS SITE OR THE PRORGAM WILL BE UNINTERRUPTED OR ERROR FREE.
12. LIMITATION OF LIABILITY. THE PROGRAM IS PROVIDED SOLELY FOR YOUR CONVENIENCE. SCHOLASTIC ASSUMES NO RESPONSIBILITY WITH RESPECT TO, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PROGRAM.
13. INDEMNIFICATION. You shall defend, indemnify, and hold harmless Scholastic its affiliates and their officers, directors, employees and agents from and against any and all claims, liabilities, demands, costs, expenses, penalties or other actions arising from your participation in the Program or violation of these Terms.
14. GOVERNING LAW; DISPUTE RESOLUTION. These Terms and their performance shall be governed by the laws of the State of New York, without regard to its conflict of law principles. We strive to resolve complaints or concerns informally. By participating in the Program, you agree that that all claims or disputes (“Disputes”) you may have in connection with the Program shall first be submitted to us for good faith negotiations for a period of no less than sixty (60) days, to resolve such Dispute prior to taking any further action in connection with such claim, If after good faith negotiation the Dispute is not resolved, and You or Scholastic wishes to pursue the matter further, the parties agree that the Dispute will be subject to the exclusive jurisdiction of the state and federal courts in New York County, New York, and You hereby waive any defense of lack of personal jurisdiction or inconvenient forum.
15. WAIVERS EXTEND TO THIRD-PARTY BENEFICIARIES. These Terms constitute an agreement between You and Scholastic and are not intended to create and do not create a third-party beneficiary relationship between Scholastic and any other individual, including but not limited to parents/guardians or students who may participate in Scholastic Book Fairs, schools that may host book fairs, and any individuals associated in any way with such schools.
16. SEVERABILITY; ENTIRE AGREEMENT. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced. These Terms are the entire agreement between the parties relating to the subject matter herein.
17. CONTACT. If you have any questions related to the Program, please contact Scholastic via one of the following methods:
Email: CPToolkit@scholasticbookfairs.com
Phone: 1-888-900-9364