The following general terms and conditions apply to each scholarship (a “Scholarship”) listed on the website (the “Website”) of Make Lemonade, LLC (“Make Lemonade” or the “Sponsor”) and apply to anyone using the Web or submitting a scholarship application to Make Lemonade (an “Applicant”). In the event of a conflict between these general terms and conditions and the terms and conditions listed on the page of each Scholarship (the “Specific Scholarship Rules”), the terms of the Specific Scholarship Rules shall govern (these general terms and conditions and the Specific Scholarship Rules collectively, the “Scholarship Rules”).
1. ELIGIBILITY: The Scholarship is sponsored by Make Lemonade, LLC, unless otherwise indicated on the page of the Scholarship and any applicant must meet the following rules:
- Applicants must be 18 years of age or older;
- Applicants must be a legal resident of one of the 50 states or Washington, D.C.
- Applicants must be enrolled at a college or university or graduate program
- No purchase necessary
- Void where prohibited
2. HOW TO ENTER: To enter, submit the answers to one (1) essay question, of 400 words maximum in length, with the applicant’s full name, school, email address and phone number (collectively, an “Application”) to email@example.com by January 1, 2018 (the “Application Deadline”).
The essay question is:
What are your educational and professional goals, and how will a Make Lemonade scholarship help you achieve these goals?
All applications must be submitted by the Application Deadline. Current employees, officers, directors and agents of Sponsor and its related companies and members of their immediate families (defined as spouse, parents, siblings and children) and persons residing at the same address are not eligible to win. All applications must be submitted by no later than 11:59 pm Pacific Time on the date of the Application Deadline. Limit one (1) application per person. Your essay must be written in English, with correct spelling and grammar. No corrections or substitutions to the application after the Application Deadline shall be accepted. Profiles that are obscene, pornographic, libelous or otherwise objectionable in Sponsor’s sole discretion will be disqualified. All applications/essays become the sole property of Make Lemonade and will not be returned to the applicant or any other party. Make Lemonade assumes no responsibility for lost, late, misdirected, or unintelligible entries. By submitting an application (i.e. submitting the essays), you fully and unconditionally accept and agree to the Scholarship Rules and the decisions of the Make Lemonade, which are final and binding. For further questions, please contact firstname.lastname@example.org.
3. SELECTION OF POTENTIAL RECIPIENT: Sponsor is looking for eligible Applicants who follow directions and complete a clear and professional Application. Soon after the Deadline, Make Lemonade acting on behalf of the Sponsor will select one (1) of the submitted and eligible Applications to receive the applicable Scholarship (the “Prize Winning Application”). Sponsor’s determination shall be based on the professionalism and accomplishments demonstrated in their Profile, based on their personal statement, relevant experience, honors, awards, skills and other profile categories, and based on other criteria set forth in the Specific Scholarship Rules. The potential recipient will be notified by e-mail and must submit proof of enrollment at the post-secondary institution of higher education attended by the potential recipient. Make Lemonade shall have no liability for any potential recipient notification that is lost, intercepted or not received by the potential recipient for any reason. Make Lemonade reserves the right to choose less than one Prize Winning Application if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications. The Prize Winning Application, or any portion thereof, may be posted on the Website or in any media format, including social media, without further compensation or notice to the recipient.
4. PRIZES: Upon verification and completion of all required documentation, the recipient whose application is selected as the Prize Winning Application (the “Scholarship Prize Recipient”) shall receive the prize listed per the Specific Scholarship Rules (the “Scholarship Prize”). The Scholarship Prize will be in the form of a check or money transfer made payable to the chosen Scholarship Prize Recipient. The Scholarship Prize may not be assigned, transferred, or changed, except upon the approval of Sponsor, in its sole discretion. No cash equivalent prize will be awarded. The awarding of any Scholarship Prize is contingent upon full compliance with the Scholarship Rules. Applicants agree to be bound by the Scholarship Rules and agree that if any Scholarship Prize Recipient fails to provide proof of identity, refuses to provide a required affidavit, refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated the Scholarship Rules or otherwise does not meet eligibility criteria, they will forfeit the Scholarship Prize and an alternate potential recipient will become a potential Scholarship Prize Recipient. Applicants understand that Make Lemonade is not liable for injuries, losses or damages of any kind arising from participation in this Scholarship and acceptance, possession and use of the Scholarship Prize. Make Lemonade is not responsible for any typographical or other error in the printing of the offer, administration of the Scholarship or in the announcement of the Scholarship Prize. Taxes on Scholarship Prizes are sole responsibility of Scholarship Prize Recipient.
6. PUBLICITY: Except where prohibited, by accepting a Scholarship Prize, the Scholarship Prize Recipients agree that Make Lemonade may, without any limitation or further compensation or notice, use his or her name, voice, likeness, hometown and state in any and all media, worldwide, for the purpose of advertising and promoting the Website, the Scholarship, or any other promotion, contest or sweepstakes sponsored by the Sponsor.
7. OWNERSHIP: By submitting an Application, you acknowledge and agree that: (a) Make Lemonade will own your Application data, any personal statement or essay material (collectively, the “Application Data”) that you submit and (b) as between you and Sponsor, Make Lemonade will own all publishing rights in and to the Application Data. Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to the Make Lemonade, 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 Data for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Make Lemonade shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter Application Data for any purpose which Make Lemonade deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights they may have in the Application Data submitted by him or her. Each Applicant hereby acknowledges that such Applicant does not reserve any rights in and to the Application Data. Winners must agree to the use of their names, voices, and/or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law.
The Scholarship winner irrevocably assigns and transfers to the Sponsor and its agents, licensees and assignees all rights in their Application, including, without limitation, all copyrights and grant to the Sponsor and its agents, licensees and assigns the right to reproduce, publish, broadcast/use, adapt, delete, edit and/or modify the Scholarship in any manner or format, for any programming, publicity, advertising and promotional purposes, and in any and all media worldwide in perpetuity, in all languages and versions, and without additional consideration, except where prohibited by law.
8. DISPUTE RESOLUTION: Except where prohibited, Applicant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Scholarship or the Scholarship Rules, or any prize awarded, or the determination of a potential recipient, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Scholarship or the Scholarship Rules, but in no event attorneys’ fees; and (3) under no circumstances will Applicant be permitted to obtain awards for and Applicant 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. If Applicant cannot be bound to arbitration according to local laws, all disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action, in an action in a State or Federal court located in New York, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of the Scholarship Rules, or the rights and obligations of Applicant and/or Sponsor and/or Make Lemonade in connection with the Scholarship, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of any jurisdiction.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each Applicant represents and warrants to Make Lemonade as follows: (i) the information in the Application is the Applicant’s own original, previously unpublished, and previously unproduced work; (ii) the information in Applicant’s Profile is wholly original with respect to Applicant and as of the date of submission, and is not the subject of any actual or threatened litigation or claim; (iii) the information in Applicant’s Profile is true and correct in all respects; (iv) the Application Data neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (iv) the Application Data does not and will not violate any applicable laws. 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. NOTIFICATION OF WINNER: The Scholarship winner will be notified by email. Two attempts will be made. If no response is received within three (3) days, you will be automatically disqualified and then the Sponsor reserves the right to select a new winner. All decisions are final and binding.
11. NO OBLIGATION TO USE. Make Lemonade 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 Make Lemonade 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 Recipient 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, 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; or (ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Scholarship 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. Make Lemonade assumes no responsibility for any damage to an Applicant’s computer system which is occasioned by accessing the Website or participating in the Scholarship, 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 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 Make Lemonade is prevented from continuing the Scholarship for any reason, then Make Lemonade shall have the right in its sole discretion to modify, suspend, or terminate the Scholarship.
14. GENERAL PROVISIONS. Make Lemonade 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 or the Website, or if different, the Sponsor’s website, to be acting in violation of the Scholarship 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 Applicant, the authorized account holder of the email address used to apply will be deemed to be the Applicant. 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 Applicant’s sole remedy shall be another Application, if time permits. Sponsor’s failure to enforce any term of the Scholarship Rules shall not constitute a waiver of that or of any other provision.
15. LIST OF SCHOLARSHIP PRIZE RECIPIENTS: The names of the Scholarship Recipient of any Scholarship may be posted on the Website, and may be used by Make Lemonade in other promotional materials and/or on social media.
16. INDEMNIFICATION: Participants agree to release and hold Sponsor, its employees, officers, directors, shareholders, agents, representatives, affiliates, advertising, promotion and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Scholarship, including without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy. This Scholarship is in no way sponsored, endorsed or administered by, or associated with, any specific social media website.
17. NON-DISCRIMINATION: Sponsor prohibits discrimination against any applicant, in any manner, on the basis of race, color, national or ethnic origin, age, religion, disability, sex, sexual orientation, gender identity and expression, veteran status or any other characteristic protected under applicable federal or state law. If you become aware of any discriminatory practices, please contact the Sponsor at email@example.com.