OFFICIAL RULES AND REGULATIONS
APPLICATION: The Rose Scholars Scholarship Competition (the “Competition”) is open to all currently enrolled sophomore, junior and senior grade level high school students who are legal residents of the United States, including Puerto Rico. Applicants must: (1) enter their contact and scholastic information (2) craft and enter an essay based on Competition theme (3) upload a link to their social media accompanying media through a form on the official Competition website. Social media entry: entrants to post on their public/open social media channel a video or photo with a caption that includes #RoseScholars2018 that communicates that they are applying for the scholarship. All applicants under the age of eighteen (18) or minors at the time of application must have the permission of at least one (1) of their parents and/or legal guardians to apply. By applying, applicants and/or their parents or legal guardians (if such applicants are minors) agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”). Employees (and their immediate families and household members, whether or not related) of The Ideateur LLC (the “Sponsor”), subsidiary or affiliated entities, advertising or promotion agencies, are not eligible to apply or win. Void where prohibited. Competition is subject to all applicable federal, state and local laws. Applications will be accepted from August 1, 2018 through September 30, 2018 (the “Application Period”). To apply, applicants must complete the official Competition Application (“Official Application Form”) in its entirety. The application can be found online/website, located at www.rosescholars.com/ (the “Website”); application must be completed and submitted online. To be eligible, all applicants must provide (1) all required personal information including Parent/Guardian’s full name and permanent address, city, state, zip; phone number, and email address; (2) applicant’s full name and permanent address, city, state, ZIP code; phone number; e-mail address; (3) name of applicant’s high school; high school graduation year; high school address (including city, state, and zip); (4) and a description – of up to 600 words – of the personal achievement that occurred in the applicant’s life. Applications must be received by September 30, 2018 11:59pm Pacific Time; applications received after September 30, 2018, will be disregarded and illegible. Descriptions must be the applicant’s original work. All applications (and Descriptions) become the property of Sponsors, will not be acknowledged or returned, and may be used by Sponsors in any manner or media in perpetuity without compensation. The Official Application Form and Description must be written in English. Limit one (1) application per person. Multiple applications from any person and/or duplicate applications will be deemed void. Sponsors are not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, damaged or illegible applications, and all such applications will be void. Sponsors are also not responsible for errors or problems which may occur in connection with or relating to the Competition or utilizing the Official Application Form, whether computer, technical, mechanical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Competition, the processing or judging of applications or the announcement of scholarship winners. Sponsors reserve the right, in their sole discretion, to cancel, modify or prematurely conclude the Competition should any unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Competition. If the Competition is cancelled, Sponsors may, in their sole discretion, judge all eligible applications received up to time of such action using the judging procedures outlined below to determine the winners. False or deceptive entries or acts will render the applicant ineligible, and Sponsors reserve the right to disqualify any applicant (and void his/her entry) who acts in a disruptive manner or violates these Official Rules.
PRIZES; ODDS OF WINNING: One (1) scholarship (“Grand Prize”), totaling up to Two Hundred Thousand Dollars ($200,000), will be awarded to One (1) winner with payouts of up to Twenty Five Thousand Dollars ($25,000) at the start of an enrolled semester of college/university to cover tuition, room/housing rental (with a maximum budget of Three Thousand Dollars ($3,000) a month), course-related/required reading digital or written textbooks, and a food/beverage allowance of Three Thousand Dollars ($3,000)) and One (1) scholarship (“Runner Up Prizes”), totaling Thirty Thousand Dollars ($30,000), will be awarded to Two (2) winners with Awards of Ten Thousand Dollars ($10,000) and Twenty Thousand Dollars ($20,000) for their college/university experience to cover tuition, room/housing rental (with a maximum budget of Three Thousand Dollars ($3,000) a month) and on-campus costs (books, on-campus dining). Awards will be paid by check or wire transfer to the Winners upon applicable postsecondary school term following Winner’s selection, unless alternate payouts are arranged by Sponsor. Odds of winning will depend, in part, upon the number of applicants. Winners and/or their parents or legal guardians are responsible for the reporting and payment of all federal, state, and local taxes incurred by acceptance and use of the prize (or any portion thereof).
PROOF OF COSTS: For the Grand Prize, Winner agrees to provide Sponsor at the conclusion of every enrolled semester of college/university receipts validating that Prize money was allocated to exclusively cover tuition, room/housing rental (with a maximum budget of Three Thousand Dollars ($3,000) a month), course-related/required reading digital or written textbooks, and a food/beverage allowance of Three Thousand Dollars ($3,000)). For the Runner Up Prize, Winners agree to provide Sponsor at the conclusion of enrolled semester of college/university receipts validating that Prize money was allocated to exclusively to cover tuition, room/housing rental (with a maximum budget of Three Thousand Dollars ($3,000) a month).
GENERAL RULES AND REGULATIONS: By participating in this Competition, applicants (and/or their parent or legal guardian): (1) agree to be bound by the decisions of Sponsors and judges which are final and binding in all matters; (2) grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all media, now or after known, throughout the world in perpetuity; and (3) acknowledge and agree that Sponsors will own and administer 100% of the copyright in all Descriptions submitted and may exploit, edit, modify, and distribute the Descriptions in any and all media, now or hereafter known throughout the world in perpetuity without limitation at no additional notification or permission of applicants, their parents or legal guardians or any third party. Sponsors expressly disclaim any responsibility and applicants (or their parents or legal guardians if such applicant is a minor) agree to release, indemnify and hold Sponsors harmless for liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Competition, the acceptance and/or subsequent use or misuse of any prize awarded. Sponsors are not responsible for any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from the downloading of any material from the Website, regardless of whether the material was prepared by Sponsors or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Sponsors further assume no liability either for the cancellation, modification or premature conclusion of the Competition for any reason. All such losses or expenses must be borne by the affected applicants or Winners.
OFFICIAL RULES, WINNERS’ NAMES REQUESTS: For a copy of these Official Rules or to learn the identity of the Winners, log onto the Website. The identity of the Winners will be posted on or around October 15, 2018.
This online service is provided by the Competition, to visitors, aged 13 years or older, to the “Rose Scholars” site (www.rosescholars.com). Entrants to the Competition waive any and all rights to hold Sponsor subsidiary or affiliated entities, advertising or promotion agencies, responsible for maintaining their Privacy. Entrants’ information may be shared with partner agencies and/or affiliated entities to facilitate Competition judging, Winner payout, Competition marketing/advertising campaigns, Competition and/or Sponsor Accounting logistics, etc. worldwide, and in perpetuity.
DISPUTES: Each applicant (or their parents or legal guardians if such applicant is a minor) agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Competition, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of applicant and Sponsors in connection with the Competition, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
MORALITY: Competition facilitators and/or Sponsor reserve the right to cancel winning earnings to any and all Winners if Sponsor views in any opinion that a Winner is not upholding appropriate moral values as a reflection of the Competition’s branding messaging. For any given event, Sponsor shall have the right to replace a Winner who has engaged in conduct which would be deemed a violation of this Morality Clause. For purposes of this Agreement, a Winner shall be deemed to have violated the Morals Clause of this Agreement if a Winner at any time after the date of this Agreement (i) is charged with committing a misdemeanor of moral turpitude that is punishable by a prison term of at least three (3) months or a felony (regardless of the length of prison term associated with such offense); (ii) commits or is accused of committing an act involving moral turpitude under federal, state or local law (regardless of whether or not such act involving moral turpitude is a misdemeanor or felony); (iii) violates the terms of any parole or probation to which such Winner is or may become subject; or (iv) commits an act of significant public disrepute or becomes the subject of a scandal such that Sponsor believes, in its sole discretion, that the marketability of the Competition or Sponsor’s corporate image has been or will be negatively affected.
NONDISCLOSURE: This Nondisclosure Agreement (the "Agreement") is entered into for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. Applicants agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
9. This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
RELEASE: Applicant will grant to the Competition, Sponsor and anyone authorized by Sponsor, the non-exclusive, worldwide, and perpetual right to reproduce, display, perform, transmit, publish, broadcast, or otherwise use, in whole or in part, any photograph, graphic material, artwork, hyperlink, software, visual and/or audio recording, or any other multimedia content (collectively, “Media Content”) that Applicant may provide to Competition in any and all media or distribution methods (now known or later developed), including without limitation, the Competition website, social media, branded video, advertising (paid or unpaid) and or third-party publications, or for any other lawful purpose consistent with Competition’s mission. In giving this grant, without fee or limitation whatsoever, and in consideration of the opportunity to participate in the publicity or other lawful purpose, Application represents and warrants that they have obtained all necessary rights, consents, and permissions to use and sublicense to Competition to use any Media Content as contemplated herein, in whole or in part, including, but not limited to, any images and recordings of individuals. Applicant agrees to release, discharge, and hold harmless Competition and its employees, from any and all claims, actions and demands of whatsoever nature, including but not limited to any claims of libel, invasion of privacy, or infringement of copyright or publicity rights, arising out of or in connection with any use of said Media Content and/or any part thereof. Applicant waives any right that they may have to inspect or approve the finished product or the use to which it may be applied by Competition. Applicant warrants that they have every right to contract on behalf of their institution in the above regard they state further that they have read the above authorization and release, prior to its execution, and that they are fully familiar with the contents thereof.
CANCELLATION: Competition facilitators and/or Sponsor reserve the right to cancel the Competition at any time and/or substitute another promotion in its place.
FOR QUESTIONS OR CONCERNS PLEASE EMAIL INFO@THEROSESCHOLARS.COM