Terms of Service
Official Program Rules: URGE “Scholar Smackdown” Scholarship:
SPONSOR: Unigo Group (“Sponsor”)
1. ELIGIBILITY: The URGE Scholar Smackdown Scholarship program in 2014 is open to anyone who: is a legal resident of one of the fifty (50) United States or the District of Columbia, and enters at scholarsmackdown.com. Applicants must be currently enrolled in one of the participating accredited post-secondary institutions of higher learning (college, university or trade school) within the United States. Current employees, officers, directors and agents of Sponsor and its related companies and members of their immediate families (defined as spouses, parents, siblings and children) and persons residing at the same address are not eligible to win. Void where prohibited.
2. HOW TO ENTER: To enter, beginning June 2, 2014, Applicants must enter on the Scholar Smackdown website (scholarsmackdown.com) no later than September 15, 2014 at 11:59 pm Pacific Time. Limit one (1) Application per person. Applicant must include his/her .edu email address and Facebook authorization. The ten (10) finalist applicants must submit a short original, previously unpublished written response as a “tweet” in the final round of the competition. Written response must be in English, and it must not exceed 140 characters. Sponsor assumes no responsibility for lost, late, misdirected, or unintelligible entries. By submitting an Application, Applicants fully and unconditionally accept and agree to these Official Rules and the decisions of the Sponsor, which are final and binding.
3. SELECTION OF POTENTIAL WINNERS: Sponsor is looking for eligible Applicants who follow directions and submit Applications that are complete, well-written and clearly and creatively address the scholarship theme. On or about September 30, 2014, a qualified panel of judges will select potential winners based on the criteria of creativity (50%) and originality (50%). Sponsor will select two of the submitted Applications as the Prize Winning Applications. The potential winners will be notified by e-mail, at which time they will be required to sign and provide further documentation as explained below. Sponsor shall have no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason. Sponsor reserves the right to choose less than two Scholarship Prize Recipients if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications. Portions of the Prize Winning Applications may be posted on the Sponsor’s Website(s), or used in other marketing materials, without further compensation or notice to the winners.
4. PRIZES: Two (2) winners will each receive a Scholarship Prize in the amount of five thousand dollars and zero cents ($5,000.00). The Scholarship Prize will be in the form of a check made payable to the accredited post-secondary institution of higher education attended by the Scholarship Prize Recipient (once the Scholarship Prize Recipient has submitted proof of enrollment to Sponsor). Scholarship Prize Recipient must submit proof of enrollment on or before 12/31/2015. Scholarship Prize may not be assigned, transferred, or changed, except at the sole discretion of Sponsor. No cash equivalent prize will be awarded. The awarding of any Scholarship Prize is contingent upon full compliance with these Official Rules. Applicants agree to be bound by Official Rules and agree that if any Scholarship Prize Recipient fails to provide proof of identity, refuses to provide required affidavit, refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated the Official Rules or otherwise does not meet eligibility criteria, Scholarship Prize will be forfeited and the Applicant who submitted the Application with the next highest score will become an alternate potential Scholarship Prize Recipient. Applicants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Scholarship Program and acceptance, possession and use of Scholarship Prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Scholarship Program or in the announcement of the Scholarship Prize. Taxes on prizes are sole responsibility of Scholarship Prize Recipient. Scholarship Prize Recipient will be issued a 1099 tax form.
5. PRIVACY: By submitting an Application, Applicants acknowledge that the Sponsor and its related companies may also call and/or send information that may be of interest to Applicants.
6. PUBLICITY: Except where prohibited, by accepting a Scholarship Prize, each Scholarship Prize Recipient agrees that Sponsor may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness in any and all media, worldwide, for the purpose of advertising and promoting the Website, the Sponsor, the Scholarship Program, or any other promotion, contest or sweepstakes offered by the Sponsor.
7. OWNERSHIP: By submitting an Application, Applicant acknowledges and agrees that: (a) Sponsor will own the Application, including the written response submission, and (b) as between Applicant and Sponsor, Sponsor will own all publishing rights in and to the Application and the written response submission. Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Application and the written response submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”). Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Application and written response submission(s) for any purpose which Sponsor deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights he or she may have in the Application and written response submission(s) submitted by him or her. Each Applicant hereby acknowledges that such Applicant does not reserve any rights in and to the Application and the written response submissions.
8. DISPUTE RESOLUTION: Except where prohibited, by participating, Applicant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and their agents shall be governed by and construed exclusively in accordance with the laws of the state of Oregon without giving effect to any principles of conflicts of law of any jurisdiction. Applicant agrees that any action at law or in equity arising out of or relating to this Scholarship Program, or awarding of the prizes, shall be filed only in the state or federal courts located in the state of Oregon, and Applicant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Scholarship Program, Applicant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Scholarship Program, or awarding of the Scholarship Prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Scholarship Program but in no event attorneys’fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to all Applicants.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Scholarship Program represents and warrants to Sponsor as follows: (i) the Application, including the written response submission, is the Applicant’s own original, previously unpublished, and previously unproduced work; (ii) the written response submission is wholly original with Applicant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the written response submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the written response submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each Applicant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Applicant hereunder.
10. FURTHER DOCUMENTATION: Except where prohibited, potential Scholarship Prize Recipients (or their parents or legal guardians if they are minors at the time of application) will be required to complete and return an Affidavit of Eligibility, Publicity/Liability Release, and Copyright Assignment within ten (10) days of notification or the Applicant with the Application with the next highest score will become an alternate potential Scholarship Prize Recipient. If notification to a potential Scholarship Prize Recipient is returned as undeliverable, the Applicant with the Application with the next highest score may become an alternate potential Scholarship Prize Recipient.
11. NO OBLIGATION TO USE. Sponsor shall have no obligation (express or implied) to use any winning Application, or to otherwise exploit a winning Application or continue the development, production, distribution or exploitation thereof, and Sponsor may at any time abandon the use of the winning Application for any reason, with or without legal justification or excuse, and the Scholarship Prize Recipients shall not be entitled to any damages or other relief by reason thereof.
12. IMPORTANT. PLEASE READ -- GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Scholarship Program, each Applicant acknowledges and agrees that the Sponsor, its related companies, affiliates, and each such company’s respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive Applications due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an Applicant’s ability to participate in the Scholarship Program; or (ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Scholarship Program and/or the use of any prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Applicant’s rights of publicity or privacy, or the Applicant’s claim that he or she has somehow been defamed or portrayed in a false light. Sponsor assumes no responsibility for any damage to an Applicant’s computer system which is occasioned by accessing the Website or participating in the Scholarship Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This scholarship program is subject to all U. S. federal, state and local laws and regulations. Void where prohibited.
13. SPONSOR’S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event Sponsor is prevented from continuing with the Scholarship Program by any event beyond its reasonable control, then Sponsor shall have the right, in its sole discretion, to modify, suspend, or terminate the Scholarship Program.
14. GENERAL PROVISIONS. Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering with the application process or the operation of the Scholarship Program or the Website, to be acting in violation of these Official Rules, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If an Application is confirmed by Sponsor to have been erroneously deleted, lost or destroyed, the entrant’s sole remedy shall be another Application, if time permits. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.
15. LIST OF SCHOLARSHIP PRIZE RECIPIENTS: The names of the Scholarship Prize Recipients of this Scholarship Program will be posted on the Sponsor’s Website (www.plus-u.com) on or around October 5, 2014.
16. SPONSOR: The Scholarship Program is sponsored by Unigo Group.