This Terms & Conditions is for SpruceJoy Scholarship Program
1.How to Enter; Prizes and Odds;
ENTRY PERIOD. The contest begins (the “Start Time”) and ends (the “Deadline”) at a certain time, as set forth in the contest summary.
ELIGIBILITY. You must meet all of the following conditions to be eligible to participate (hereinafter, each an “Entrant”):
This contest is restricted to legal residents of one of the fifty (50) United States or the District of Columbia who are least 18 years of age and who are presently enrolled in an accredited post-secondary academic institution in the United States.
Entries must be made by the Deadline and in the manner set out in the contest summary. Failure to do so will result in disqualification.
There is no requirement to make any purchase in order to enter the contest or access the website.
Only one Entry per person is permitted. In the event that SpruceJoy discovers or has reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified.
Directors, officers, and employees (and their respective relatives and household members) of the Sponsor and its subsidiaries are not eligible to enter the Scholarship. For the purposes of the Scholarship, ‘relatives’ are defined as a spouse, partner, parent, legal guardian, in-law, grandparent, siblings, children and grandchildren. Eligibility decisions shall be made and determined by the Sponsor in its sole discretion.
HOW TO ENTER. To enter, complete all the following steps (each, an “Entry”) as described on contest summary page.
You may enter the contest by submitting a contest application via SpruceJoy’s website in the manner set forth on the contest summary page. All information fields in the contest application must be completed in full, in the English language, and the application must be received by the deadline to be eligible. You may submit only one application, and no revisions to the application may be made after it has been submitted. The specific prizes are set forth in the contest summary.
Entrants must be individuals. No group or team submissions are permitted. Each individual Entrant is allowed a total of one (1) Entry during the Entry Period. Proof of Entry submission is not proof of receipt of the Entry by the Sponsor. Entries will be effective on the day received by the Sponsor. Entrants are responsible for costs of entering, including online access charges and data/usage charges if entering via a mobile device. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier if you have questions regarding data plans and charges relating to your participation in the Scholarship.
JUDGES AND JUDGING CRITERIA. Eligible Entries will be judged by designated employees of the Sponsor. The decision of the judges and the Sponsor will be final. The judges will select one winner from all eligible Entries.
Entries will be judged in accordance with the following criteria: content, style, creativity, and effectiveness in the applicable entry topic category.
PRIZE & TAXES. Prizes will be paid directly to the educational institution which the recipient is attending. Prizes are not transferable. No substitutions or exchanges will be permitted. All taxes associated with the receipt or use of any prizes are the sole responsibility of the winner.
WINNER NOTIFICATION; PRIZE CONDITIONS. The potential winner will be notified by email or phone by the winning date.
Prior to receipt of a prize, the winner must complete, sign, and return the following documents to the Sponsor (collectively, the “Documentation”): (a) an IRS W-9 form; and (b) a declaration of compliance with these Official Entry Rules, and a Liability Release and where lawful, a Publicity Release.
The Prize may be forfeited and an alternate winner selected if the Documentation is not returned within the required time period or if an Entrant fails to respond to the Sponsor notifications or if the Entrant’s compliance with these Official Entry Rules cannot be verified to the Sponsor’s satisfaction. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. The Sponsor reserves the right to take any actions necessary to verify an Entrant’s compliance with these Official Entry Rules before announcing the winner and/or awarding the Prize.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Scholarship is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Scholarship, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Scholarship.
INTERNET. The Sponsor is not responsible for any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet , or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.
OWNERSHIP OF ENTRIES. All Entries become the exclusive property of the Sponsor. Each Entrant irrevocably assigns and transfers to the Sponsor all rights in his or her Entry, including, without limitation, all copyrights.
WARRANTIES. You warrant that your Entry is your own original work and you have the right to submit your Entry in the Scholarship and grant the required licenses to SpruceJoy. You agree not to submit any content that (a) infringes any third party proprietary rights, intellectual property rights, rights of publicity or endorsement, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, local or provincial law.
SPONSOR. The Sponsor of the Scholarship is SpruceJoy, located in Austin, TX.
ENTIRE AGREEMENT. Except as expressly provided herein, these Official Entry Rules set forth the entire understanding and agreement between you and the Sponsor regarding, or related in any way to, the Scholarship, and you acknowledge and agree that there are no other representations or agreements between you and the Sponsor regarding the Scholarship.
2.Intellectual Property and Licenses.
You represent that you have the right to use any text, audio, video, audiovisual, html, links or other materials you submit as part of your Entry, and no part of your submission infringes upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.
By submitting an entry under this program, you represent and warrant to SpruceJoy and its affiliates/partners that the work you submit is an original, unpublished design authored by you and that no other person or entity has any legal rights to the work.
Your submission of any entry, whether or not you are the winner, constitutes your agreement, without any additional payment or consideration, that SpruceJoy and its affiliates/partners shall own all right, title, and interest (including without limitation patent rights, copyrights, and all other intellectual property rights) to your submission, and you thereby assign to SpruceJoy and its affiliates/partners all right, title, and interest in and to your submission, including without limitation the right to reproduce, distribute, sublicense, perform, and display the work and to create and use derivative works therefrom in any medium throughout the world. The term “derivative works” as used herein has the same meaning as used in the Copyright Act of the United States.
If for some reason the foregoing assignment is ineffective, your Entry grants to SpruceJoy a non-exclusive, worldwide, perpetual fully paid-up license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, and to distribute, perform, transmit and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. In any event, without limiting the foregoing, SpruceJoy may freely use the content without payment of any kind to the contest entrant.
3.Rights to Use Likeness; Publicity Release; Data Collection and Use;
Except where prohibited by law, entry into the contest constitutes permission for SpruceJoy and its affiliates/partners to use your name, likeness, contest award, and the name of your educational institution and your field of study, without limitation, for Scholarship purposes without further permission or compensation.
Any personal information relating to entrants will be used solely by SpruceJoy and its affiliates/partners in accordance with applicable data protection legislation.
In addition to the above, all prize-winners of the contest unconditionally agree (as a condition of accepting any prize) to: (a) the use of their name, one or more photographs of themselves and disclosure of their city of residence; (b) providing proof of enrollment in an accredited post-secondary academic institution in the United States, to the extent requested by SpruceJoy; and © cooperate with or participate in any other reasonable contest-related publicity.
Personal information will be collected during the Entry process. Any personal information collected shall be used by the Sponsor and its agents for purposes of the administration and fulfillment of the Scholarship and as otherwise described in these Official Entry Rules. In addition, you agree that the Sponsor or its agents can contact you with periodic communications relating to future Scholarships, or the Sponsor’s services, or other events/Scholarships/service features, that the Sponsor considers may be of interest to you. By submitting an Entry, you agree and acknowledge that you may be contacted by the Sponsor via email or direct mail. You further agree and acknowledge that email communication shall not be considered to be unsolicited commercial email or spam.
5.Disclaimer of Warranties.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. SPRUCEJOY RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. SPRUCEJOY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SPRUCEJOY DOES NOT WARRANT THAT THE SERVICE OR the SITE WILL BE UNINTERRUPTED, ERROR- FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF SPRUCEJOY IS AWARE OF THEM.
6.Limitation of Liability.
SpruceJoy is not responsible for any incorrect or inaccurate information, technical error, or human error which may occur in the processing of entries and submissions. SpruceJoy assumes no responsibility for any error, omission, interruption, deletion, defect or alteration of entries.
SpruceJoy accepts no responsibility for Entries lost, damaged or delayed in submission or delivery, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
SpruceJoy accepts no responsibility for any damage, loss, injury, or disappointment of any kind suffered by any entrant in entering the contest, including as a result of any entrant winning or not winning any prize.
By entering the contest, you release SpruceJoy and any of its respective parent companies, subsidiaries, affiliates, directors, officers, employees and agents from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the scholarship or delivery, misdelivery, acceptance, possession, use of or inability to use the scholarship (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
All contest participants, regardless of whether content is submitted as an entry, agree to indemnify SpruceJoy and its affiliates against, hold them harmless from, and defend them against any and all claims, suits, actions, damages, losses and expenses (including, without limitation, reasonable attorney’s fees) arising from the participant’s participation in this scholarship contest or arising from any claim that a third party has any legal rights to the work that you submit.
7.Governing Law; Dispute Resolution and Binding Arbitration.
Any controversy or claim arising out of or relating to the Service or these Terms, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms, will be governed by and construed in accordance with the laws of the State of Texas, excluding its choice of law rules and will be settled by binding confidential arbitration in Austin, Texas under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized alternative dispute resolution organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, SpruceJoy may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by Entrant. Neither party will participate in a class action or class-wide arbitration for any claims covered by these Terms. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN TRAVIS COUNTY, TEXAS AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
SpruceJoy may provide Entrant with notices by email, regular mail or postings on the Service, and Entrant agrees to electronic delivery of all such notices. If notice is provided by e-mail, notice will be deemed given twenty-four hours after email is sent, unless SpruceJoy is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, SpruceJoy may, at its discretion, give Entrant legal notice by mail to a postal address, if provided by Entrant through the Service. All notices to SpruceJoy shall be sent to the following address: 11900 Jollyville Rd #200524, Austin, TX 78720. Except as otherwise specified expressly in these Terms, all notices to SpruceJoy must be delivered by facsimile or nationally-recognized express delivery service and will be deemed given upon receipt. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. SpruceJoy may utilize subcontractors or other third parties to perform its obligations related to these Terms or the Services so long as SpruceJoy remains responsible for such obligations. Entrant may not assign these Terms, nor its rights or obligations hereunder, by operation of law or otherwise, without SpruceJoy’ prior written consent. SpruceJoy may assign these Terms, and any of its rights or obligations hereunder, without Entrant’s consent or notice to Entrant. Any assignment in violation of the foregoing shall be null and void. Subject to the terms of this Section, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. If any provision contained in these Terms is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of these Terms will remain in full force and effect.
Entrant shall not publicly, in written or oral statements or materials, depict SpruceJoy or the Service in a manner that could reasonably be perceived as negative, derogatory or detrimental to the brands, name, reputation or trademarks of SpruceJoy or the Service; provided, however, that the foregoing shall not limit or preclude Entrant’s legal rights to make purely factual statements regarding SpruceJoy or the Service, nor limit Entrant’s rights pursuant to Section 15.
Any questions or concerns about these Terms, should be directed to firstname.lastname@example.org or by mail to: SpruceJoy, 11900 Jollyville Rd #200524, Austin, TX 78720.