Summary


This Program (the “Program”) is sponsored by Scholly, Inc. (“Scholly”).


A maximum of one (1) Program participant (“Participants”), who will be selected as provided in these Terms and Conditions, will receive an award (a “Program Award”) of up to $2,000 in the form of a college scholarship.

Scholarship Program Awards will be paid directly to the appropriate office at the Program Award recipient’s academic institution and may be used only to pay tuition and mandatory fees for the academic semester in which the scholarship is awarded or the immediately following academic semester.


Eligibility


You may participate in the Program if either (a) you are enrolled at the time of your application as an undergraduate student or (b) a high school student who is registered to attend college in the 2020-2021 academic year at an accredited institution based in the United States.


Applicants must also provide either proof of enrollment at their academic institution and must be at least 16 years of age and of the age of majority in their state of residence to apply.


Individuals who are related to or affiliated with Scholly (including any of their respective employees, officers or directors, their parents, affiliates and subsidiaries, or any of their respective agencies or promotion entities, or family/household members of any of the foregoing) (the “Entities”) are not eligible to participate in the Program or for a Program Award. 


Void where prohibited and subject to all applicable federal, state, local, and municipal laws and regulations.

Application


To participate, applicants must complete the full Program Award application at www.myscholly.com/backtoschool (“Website”) and provide the award selection committee with all of the information required in the application.

Applicants are not required to sign up for a Scholly account. By submitting a Program Award application, applicants opt-in and consent to receive emails and/or text messages relating to the Program and with more information about upcoming scholarships, Scholly events, news and updates.


Entry


The application process will be open and accepting applicants beginning 6:00AM September 10, 2020 and ending 11:59PM December 1, 2020. For purposes of these Terms and Conditions, all times and days are Pacific Time. Scholly’s computer is the official time keeping device for this Program, and the awarding of the Program Award is subject to the eligibility and forfeiture provisions set forth herein. The dates and times set forth herein are subject to change in the sole discretion of the Scholly. In the event of any change, notice of the revised date or time will be posted on the Website.


Selection


The selection process for this Program will be based on an automated random drawing. 

A Scholly subscription is not required to be selected as a Program Award recipient, nor does an applicant’s subscription status affect the likelihood of being awarded.


Applicants will be disqualified as a result of the applicant submitting an incomplete or untrue application, not meeting enrollment criteria, not complying with these Terms and Conditions, or not satisfying any other conditions established by the selection committee or the Scholly.


Recipients


The Participants selected to receive Program Awards (“Recipients”) will be notified by the Scholly on or about December 15, 2020. A list of Recipients may be requested at info@myscholly.com after winners have been notified and confirmed. 


At the sole discretion of the Scholly, disqualification and the selection of an alternate Recipient may result from any of the following, without limitation: [a] a potential Recipient’s failure to respond to email notification within seventy-two (72) hours after its transmission; [b] the return of an email notification as undeliverable after two (2) attempts; [c] a potential Recipient’s failure to provide Scholly with satisfactory proof of age, identity, residency, clearances, enrollment or loan verification and any other information requested by Scholly; [d] a potential Recipient’s failure to execute and return by e-mail or fax all Scholly-requested documents including without limitation, if requested by Scholly, an affidavit/grant of rights/release of liability/publicity release (“Affidavit“) within five (5) business days after transmission; [e] any other non-compliance with these Terms and Conditions. 


In the event of a disqualification or Program Award forfeiture, the Scholly may, in its sole discretion, select or not select an alternate Recipient, and award or not award the forfeited Program Award.


Terms


Scholly will post the grant application opening and deadline on the Website, and applications will be due at the time indicated above and in such a post. Application submissions and supplemental question responses must be true and complete. All determinations of participant eligibility, participant application or supplemental question completions, application period requirements and other matters related to the application will be made by Scholly in its sole discretion. Scholly may terminate applicant participation in the Program for any reason. Scholly may terminate the Program at any time, or not award any Program Awards, in its discretion. Program terms are subject to administration by Scholly. Program Awards are made only to the selected recipients and are non-assignable and non-transferable. Each individual participant may submit only one application.


Legal

By submitting an application, applicants consent to and authorize Scholly to conduct such diligence as it may reasonably determine to verify information provided in or related to the student’s application or supplemental questions. 


Scholly will not share applicant responses and information, including, without limitation, email addresses and other personal information, with its advertising partners and, subject to applicable laws, for marketing or promotional purposes without the direct consent of the applicant. Scholly and all of the other Entities listed above will not be liable, and applicants release and waive all liability, in connection with any disclosure or security breach relating to such information, unless caused by Scholly’s gross negligence, in which case Scholly shall be solely liable.


Tax Matters


Receipt of a Program Award may have tax consequences to the Recipient. Scholly is not providing any tax or accounting advice. You are advised to consult independent advisors as to the tax consequences of receiving a Program Award, and Recipients are solely responsible for the reporting, payment and other tax liabilities arising out receipt of a Program Award.


Recipients will be required to deliver such tax related documentation as Scholly shall reasonably request, including, without limitation, an executed form W-9 (and a Recipient will not be entitled to receive a Program Award until an executed W-9 is received). Scholly has no obligation to deduct or cause to be deducted or withheld from the Program Award any taxes, withholdings or other amounts.


Images Release


By submission of an application, and as a condition to a participant’s receipt of a Program Award, the participant agrees, and intends to be legally bound, as follows:


The participant acknowledges that the participant may or will be depicted, alone and/or with others, in certain videos and/or still photographs in connection with the Program, including, without limitation, the fulfillment of the Program grant, and the participant may or will have, the participant’s voice recorded in connection with such videos (collectively, the “Images”).


The participant acknowledges and agrees that Scholly owns the copyright in and to the Images, which Scholly may reproduce, distribute, transmit, broadcast, adapt, publicly perform, publicly display and otherwise use worldwide, in any form or format now known or yet to be developed (including, without limitation, on television, websites and social media) and for any purpose (including, without limitation, publicity, promotion and advertising).


Scholly may modify, reproduce in any media, and use the Images, in whole or in part, without restriction, for any purpose whatsoever, and forever, without any prior approval by the participant. The participant understands that Scholly will not provide the participant with the opportunity to approve any Images prior to their use.

The participant consents to the reproduction, distribution, transmission, broadcast, adaptation, public performance, public display and/or other use of the Images and of the participant’s name, voice, and likeness, by Scholly and its affiliates, agents, assigns and licensees worldwide.


The participant hereby irrevocably releases Scholly and its affiliates, employees, members, officers, agents, licensees, successors and assigns, from and against any liability whatsoever in connection with or related to the reproduction, distribution, transmission, broadcast, publication, public display, public performance, adaptation, modification, or any other use of the Images, including, without limitation, claims under copyright law or any other federal or state law, including laws relating to the right to privacy or the right of publicity.


Without limiting the foregoing, in addition to the other rights or obligations in these terms and conditions:

The participant grants to Scholly and its affiliates, agents, assigns and licensees the unconditional right to use the participant’s name, address (city and state or province only), voice, likeness, photograph, biographical and Program application information and/or statements about the Program for any programming, publicity, advertising or promotional purposes, without additional compensation, except where prohibited by law.


The participant grants to Scholly and its affiliates, agents, assigns and licensees the unconditional right to photograph, film, or otherwise capture the fulfillment of the Program grant and to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Film (defined below) throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law.


Scholly’s use of the Fulfillment Film will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees.


Scholly and its affiliates, agents, assigns and licensees shall have the right to make such changes to the Fulfillment Film and make such uses thereof as each of them deems necessary or desirable, including but not limited to, the right to use, edit, and reproduce and/or alter the Fulfillment Film in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.


The participant may not use any name, logo or mark of Scholly in any materials or media without Scholly’s prior written approval and may not appear in the media discussing or purporting to represent Scholly or the Program.

The participant acknowledges that that the participant has received consideration for the foregoing, and that the participant will not receive the Program Award unless the participant is legally bound by the foregoing, and that the participant am not entitled to any further compensation of any kind


Conditions


By entering this Program, applying for a Program Award and/or accepting a Program Award, you agree that: [a] you have all rights, permissions and consents necessary to grant the rights to Scholly as expressed herein; [b] you will abide by and be bound by these Terms and Conditions, all decisions of the Scholly, which is final and binding; [c] you release and hold harmless the Scholly and other Entities from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, inability to accept or use for any reason, loss or misdirection of the Program Award; participation in the Program or any Program-related activity or travel or from any interaction with, or downloading of, computer Program information; [d] the Program Award is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [e] a Recipient’s acceptance of a Program Award constitutes the grant to Scholly and assigns of an unconditional right to use Recipient’s name, address (city and state or province only), voice, likeness, photograph, biographical and application information and/or statements about the Program for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the reasonable control of the Scholly, corrupt, prevent or impair the administration, security, fairness or proper play of the Program, so that it cannot be conducted as originally planned, except where prohibited by law, Scholly has the right, in their sole discretion, to modify the Terms and Conditions or to cancel, modify, terminate or suspend the Program; and in such event, to select any potential Recipient by such method as Scholly in its sole discretion shall consider equitable; [g] the Scholly and other Entities are not responsible for typographical or other errors in the offer or administration of this Program, including but not limited to: human error, errors in the advertising, Terms and Conditions and selection and announcement of the Recipients; [h] any portion of a Program Award not accepted or used by any Recipient will be forfeited; [i] the Scholly has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (j) tampering or attempting to tamper with the entry process or the operation of the Program or the Website; (ii) violating the Terms and Conditions; (iii) violating the terms of service, or other terms, conditions of use and/or general rules or guidelines of any Program property or service; (iv) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (v) for any other good cause as determined solely by the Scholly; [k] Scholly has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Program; [l] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Program or the Website is a violation of these Terms and Conditions as well as criminal and civil laws, and should Scholly believe or become aware that such an attempt has been, is being, or will be made, Scholly has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [m] all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Program, the meaning or interpretation of the Terms and Conditions or the Program Award awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [n] any and all Claims shall be resolved individually, without resort to any form of class action; [o] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; [p] Scholly has the right to modify Program Award award procedures or to terminate the Program at its sole discretion; [q] any Recipient’s acceptance of any Program Award constitutes the grant of an unconditional right to Scholly and assigns to photograph, film, or otherwise capture the fulfillment of the Program Award (“Fulfillment Film”), and Scholly shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Film throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [r] a Scholly’s use of the Fulfillment Film will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [s] Scholly shall have the right to make such changes to the Fulfillment Film and make such uses thereof as each of them deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Film in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.



Scholly Back to School Awards Program - Terms & Conditions