1. ELIGIBILITY: This Contest is open to any individual who is, as of the beginning of the Contest Period, (a) a legal resident of one of the 50 United States, the District of Columbia or Canada (excluding Guam, Puerto Rico, all other U.S. and foreign territories and possessions, and Quebec) (the "Eligibility Area"); and (b) 18 years of age or older. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE TAXED, PROHIBITED OR RESTRICTED BY LAW. Employees of LTI and Imaginova, and their affiliates, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising, promotional partners and promotion agencies and affiliated entities (collectively, the "Contest Entities") and the immediate family members of each are not eligible.
  2. HOW TO ENTER:
    • ONLINE REGISTRATION: To register for the Contest, visit the home page of the Cosmic Lesson web site (located at http://www.cosmiclesson.com) (the "Site"), and fill out the online Contest registration form by providing your first and last name, school name, school mailing address, school phone number, classroom number, grade, your email address, and birth date. After registering, you will receive lesson plan submission materials by postal mail and a confirmation email with important Contest information by March 27, 2008.
    • SUBMISSIONS: Registrants should create an astronomy lesson plan using Starry Night High School Software. Lesson plan submissions in the form of any combination of documents (.DOC or .RTF) or Starry Night Files (.SNF) must be submitted via email to lessonplan@cosmiclesson.com by December 31, 2008. Lesson plan submissions may also be submitted via email to education@starrynight.com. Submissions will receive an email confirmation receipt from LTI or Imaginova. You hereby represent and warrant that: (i) you own all rights to the lesson plan submitted by you, (ii) the lesson plan is an original work of authorship on your part and has not been published previously in any form or by any means, including electronically, and (iii) the lesson plan has not been copied, in whole or in part, from any other work and does not violate, misappropriate, or infringe any copyright, trademark or other proprietary right of any other person or entity.  Any lesson plan submissions that do not conform to the guidelines or are received after the deadline will not be reviewed. In order to be eligible, lesson plan submissions must be actually received by LTI or Imaginova before the end of the Contest Period. Lesson plan submissions received by LTI or Imaginova after the end of the Contest Period will be discarded and deemed VOID. In the event of a dispute as to who submitted a lesson plan entry, the individual who was, at the time of entry (in the sole discretion of LTI and Imaginova), the registered holder of the email account used to enter the Contest, will be deemed the eligible entrant. No postal entries please.
    • ENTRY GUIDELINES AND RESTRICTIONS: LIMIT ONE LESSON PLAN SUBMISSION PER TEACHER PER CLASS. The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or service that offers sweepstakes entry services "on behalf of" entrant) is strictly prohibited. Odds of winning are determined by and depend upon the total number of eligible entries received. If you attempt to enter the Contest in a manner other than as permitted in this Section 2, then upon discovery thereof by LTI or Imaginova, your entry will be deemed void and ineligible and you may be disqualified from further participation in the Contest and/or any future contest or other promotions of LTI or Imaginova. Proof of entering the Contest online will not be deemed by LTI or Imaginova to constitute proof of delivery or receipt of entry. No changes to any entry materials or information will be permitted once submitted. All entries become the property of LTI and Imaginova and will not be returned.
  3. PRIZES:
    • JUDGES AND CRITERIA: Each eligible entry will be judged by a panel of astronomy and education content experts selected by LTI.  Each eligible entry will be judged based on the following criteria: (1) instructional value in meeting middle or high school astronomy curriculum standards; (2) effective use of the Starry Night High School Software; and (3) originality and creativity (the "Criteria"). 
    • SELECTING THE WINNERS: On or around March 20, 2009, one (1) grand prize winner, one (1) second prize winner, and one (1) third prize winner (collectively, the "Winners") will be selected by LTI based on the Criteria from among all eligible entries received during the Contest Period. LTI or Imaginova will use commercially reasonable efforts to contact the Winners by email within fourteen (14) days after the actual date of LTI’s selection of the Winners. Inability of LTI or Imaginova to contact an individual prize winner, or return of LTI or Imaginova emails or prize notification as "undeliverable" for any reason, may result in disqualification of such winner and the awarding of the prize to the next highest prize winner or selection of an alternate winner from among all remaining eligible entries. The Winners, where permitted by law, may be required by LTI and Imaginova to execute and return an Affidavit of Eligibility and a Liability Release (the "Affidavit/Release") and/or a completed IRS W-9 form within seven (7) days following notification by LTI or Imaginova. If a prize winner is under 21 years of age, LTI or Imaginova may, in its sole discretion, require such winner to have a parent or legal guardian execute the winner’s Affidavit/Release as well. Noncompliance within such seven (7) day requirement, or inability or unavailability of a winner to accept a prize for any reason, may result in disqualification of such winner and the awarding of the prize to the next highest prize winner or selection of an alternate winner from among the remaining eligible entries. Only one (1) prize will be awarded to each prize winner.
    • PRIZES: The grand prize winner will be awarded a STARLAB 5 Meter Digital Dome and Projection System. The second prize winner will be awarded an Orion Sirius 8 EQ-G Reflector with GoTo Controller, and the third prize winner will be awarded an Orion SkyQuest XT8 IntelliScope Dobsonian Telescope with Object Locator. The total approximate retail value of all prizes to be awarded is $65,000 USD. The value of the prizes set forth above represents LTI and Imaginova’s good-faith determination of the maximum retail value thereof. All prizes will be awarded.
    • ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZES: LTI, Imaginova and the Contest Entities assume no responsibility for cancellation due to labor strike, terrorism, industry conditions, commercial viability, or any other cause beyond their reasonable control. All prizes awarded in connection with the Contest are nontransferable and non-endorseable. All taxes (including, without limitation, Federal, state and local taxes) on or in connection with any prize, and the reporting consequences thereof, are the sole and exclusive responsibility of the Winners. No substitution of any prize will be permitted, except that LTI and Imaginova reserve the right in their sole discretion to substitute with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that (i) such prize is unavailable, or (ii) the individual prize winner is unable to receive, accept or assume responsibility for the prize for any reason. The grand prize is a large item, and inability or failure of the grand prize winner to accept such prize shall not be grounds for substitution of the cash value of the prize.
  4. DISQUALIFICATION / INELIGIBILITY: Without limiting any other provision of these Official Rules, LTI and Imaginova reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to participate in this Contest or any future LTI or Imaginova contest or other promotions, any individual it suspects: to be tampering with the entry process or the operation of the Contest or Site; to be in violation of the Site’s Terms of Use, Privacy Policy, or other terms, conditions, or guidelines; to have failed to agree to these Official Rules; to be in violation of these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening or harassing any other person in connection with the Contest or the Site. Furthermore, LTI and Imaginova reserve the right, in their sole and absolute discretion, to disregard and/or deem VOID any or all of such entrant’s entries in the Contest. ANY ATTEMPT TO DAMAGE THE SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. IF LTI OR IMAGINOVA BELIEVES OR BECOMES AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING OR WILL BE MADE, LTI AND IMAGINOVA RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, CRIMINAL PROSECUTION.
  5. CONDITIONS: Any lesson plan or information regarding the lesson plan submitted to LTI shall become the exclusive property of LTI and Imaginova. Unless you otherwise notify LTI in writing when you submit your entry, by submitting the lesson plan to LTI, you grant LTI and Imaginova (and their licensees, successors and/or assignees) a perpetual, non-exclusive right and permission to publish, use, adapt, edit and/or modify such entry, the lesson plan (as edited or unedited in the sole discretion of LTI or Imaginova), and other information submitted with your entry in any way, in any and all media now known or hereafter developed, without limitation, for commercial or non-commercial use, and without additional consideration to the entrant. LTI and Imaginova shall own exclusively all rights, including copyright, in any and all works incorporating the lesson plan, and entrants will not receive any monetary compensation for use thereof. The Winners may also be required to sign a Publicity Release without additional compensation. Except winners residing in the State of Tennessee or where prohibited by law, who will be asked, but will not be required, to sign a Publicity Release and/or grant LTI and Imaginova such rights, the Winners agree to grant to LTI, Imaginova and each of their respective licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including, without limitation, the Internet, at any time or times, each winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by LTI or Imaginova in its sole discretion.
  6. RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, ENTRANT AGREES TO DEFEND, INDEMNIFY AND HOLD LTI, IMAGINOVA AND THE CONTEST ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, OR THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY.
  7. DISCLAIMERS; LIMITATION OF LIABILITY: LTI, Imaginova, and the Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Contest. No responsibility is assumed by LTI, Imaginova or the Contest Entities for lost, late, incomplete, stolen, misdirected, mutilated, postage-due, illegible, unreadable, inaccurate, incorrect, inaccessible, corrupted or unusable online entries; incorrect or inaccurate online or printed information relating to the Contest (including typographical errors); any computer, telephone, cable, network, satellite, server, service provider, electronic, power, or Internet or other hardware or software malfunctions, failures, connections or availability; data loss or late or incorrect data processing; Internet traffic congestion; service provider/Internet/Site inaccessibility, unavailability or malfunction; garbled or jumbled transmissions; or unauthorized human intervention. Although LTI, Imaginova and the Contest Entities attempt to ensure the integrity of the Contest, neither LTI, Imaginova nor the Contest Entities are responsible for the actions of entrants or other individuals in connection with the Contest, including entrants’ or other individuals’ attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Neither LTI, Imaginova, nor the Contest Entities are responsible for injury or damage to entrant’s or to any other person’s computer(s), other equipment or person(s), related to or resulting from participation in the Contest or downloading materials from or using the Site. If, for any reason, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, war (whether or not declared), invasion, acts of foreign enemy, acts of terrorism or mass crime (whether domestic or foreign, whether or not politically motivated and whether or not directed at LTI, Imaginova or their property), applicable law, unforeseen obstacles or any other causes which, in the sole and reasonable opinion of LTI or Imaginova, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, LTI and Imaginova reserve the right in their sole discretion to modify these Official Rules and/or to cancel, terminate, modify or suspend all or any part of the Contest, and to select the Winners from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, in accordance with these Official Rules. IN NO EVENT WILL LTI, IMAGINOVA OR THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SITE OR ANY MATERIALS PROVIDED BY LTI OR IMAGINOVA, THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE SITE, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES AND ALL MATERIALS PROVIDED BY LTI OR IMAGINOVA BY MAIL, OR ON OR THROUGH THE SITE ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  8. GOVERNING LAW; LEGAL PROCEEDINGS:
    • GOVERNING LAW: LTI CONTROLS AND OPERATES THIS SITE FROM OUR OFFICE IN THE UNITED STATES OF AMERICA. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF NEW YORK AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN NEW YORK AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (I) THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES; (II) THE PERFORMANCE BY ENTRANT AND LTI AND IMAGINOVA OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER; AND (III) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE CONTEST.
    • LEGAL PROCEEDINGS: Any action against LTI or Imaginova in connection with or related to the Contest must be brought within one (1) year after the cause of action arises. Should a dispute arise from this Agreement which cannot be resolved by the parties in good faith negotiations, the parties hereto agree to submit such dispute to arbitration in New York, New York, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with New York law: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the Winners shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the America Arbitration Association, then in effect; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees, except with regard to any claim based on a breach of Section 4 of this Agreement; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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; (4) any such arbitration proceeding shall be confidential as to the existence, content or results of the arbitration; (5) depositions shall not exceed two (2) per party and must be completed within a single day; (6) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (7) each party shall have no more than eight (8) hours to present its position; and (8) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be made in writing no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Each party shall bear its own attorneys’ fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator. THE PARTIES EXPRESSLY AGREE THAT ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
  9. MISCELLANEOUS:
    • DATES AND DEADLINES: Because of the unique nature and scope of the Contest, LTI and Imaginova reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
    • PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules. Personally identifiable information may be collected from entrants into the Contest when entrants voluntarily provide this information. All such personal information is retained by LTI and Imaginova and is not sold or otherwise transferred unless the express consent to do so has been obtained or if LTI or Imaginova are required by law or by a court or governmental order to disclose such information in a particular circumstance. LTI and Imaginova will use email addresses and other personally identifiable information submitted through the Site for the purpose of contacting prize winners. Registrants will also receive ongoing informational emails and/or postal mail communications from LTI and/or Imaginova throughout the Contest Period regarding Cosmic Lesson meetings, events, seminars, and other related information. LTI and Imaginova also may use email addresses and other personally identifiable information in order to create a mailing list to inform registrants about relevant news, releases and promotions.
    • REMOVAL FROM FUTURE MAILINGS: Each communication will contain instructions on how to discontinue receipt of such communications. LTI and Imaginova will use commercially reasonable efforts to process your request within thirty (30) days.
    • SEVERABILITY; NO WAIVER: The failure of LTI or Imaginova to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any provision contained in these Official Rules is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of LTI and Imaginova and that provision of these Official Rules shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
    • NON-ENDORSEMENT: The use of any trademarks, service marks, logos or other marks not owned by LTI or Imaginova in connection with this Contest or any prize is not meant by LTI or Imaginova to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Site or the Contest.
    • HEADINGS: Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
    • WINNERS LIST: For the names of the Winners (available after April 15, 2009), visit http://www.cosmiclesson.com, send an email to rvarian@starlab.com, or send a first-class, self-addressed, stamped envelope to:

      Reed Varian
      Learning Technologies, Inc.
      THE COSMIC LESSON CONTEST
      40 Cameron Avenue
      Somerville, Massachusetts 02144
      (800) 537-8703
  10. SPONSOR: The sponsors of this Contest are Learning Technologies, Inc., 40 Cameron Avenue, Somerville, Massachusetts 02144 and Imaginova Corp., 470 Park Avenue South, 9th Floor, New York, New York 10016.
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