American Eagle Most Unique Scholarship - T&Cs
Scholarship Competition Terms & Conditions - United States of America (the “Competition”)
NO PURCHASE NECESSARY.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY.
By entering the Competition, entrants accept and agree to be bound by these Competition Terms and Conditions as well as all interpretations of these Terms and Conditions and all other related decisions by Sponsor. Any violation of the terms contained herein may result in disqualification.
1. Sponsor: This Competition is sponsored by UNiDAYS Inc., located at 276 5th Ave, 7th Floor, New York, NY, 10001(the “Sponsor”). The Prize supplier is Sam’s Club, Inc., located at 950 Elm Ave., San Bruno, CA 94066 (the “Prize Supplier”) and are not the sponsors of the Competition. Nothing contained in these Terms and Conditions or in any of the Competition materials should be construed as an endorsement by the Sponsor of any third party, product, or service.
2. Eligibility: The Competition is only offered in the United States (where legal) and is only open to entrants that are legal U.S. residents physically residing in one (1) of the fifty (50) continental United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) who are 17 years or older as of October 1, 2018 and are enrolled at an institution recognized and supported by Sponsor as of May 24, 2019 and are holders of a UNiDAYS account at all times throughout the Competition. Employees, officers or directors (and their immediate families, regardless of where they live), of the Sponsor and Prize Supplier, or their parent, subsidiaries, affiliates and agencies; and entities engaged in the development, distribution, implementation or administration of the Competition are not eligible to enter. VOID WHERE PROHIBITED BY LAW.
3. Competition Details: The Competition will be open from May 31, 2019 until July 31, 2019 (the “Competition Entry Period”). All entries must be submitted prior to the closing date.
To enter the Competition, the entrant filling out the form (“Nominator”) must accurately and completely fill in the entry form on goingmerry.com, including providing reasons and evidence (as applicable) specifying and explaining why the nominated individual (“Nominee”) should win the Competition. The answer should highlight any specific achievements the Nominee has achieved and the reasons why the Nominee is a good candidate to win the Competition. The Nominator must provide a valid email address and phone number for the Nominee after receiving consent from the Nominee to do so. Sponsor reserves the right to disqualify any entries that include inaccurate or misleading statements about the Nominee, or otherwise have missing information or incorrect contact details. By submitting a nomination, the Nominator confirms that he or she has received permission from the Nominee to submit the Nominee’s entry and contact information to Sponsor.
NOMINEE: If you are the Nominee, Sponsor may contact you directly, as well as undertaking any investigation desired to validate any evidence or claims made in relation to the nomination. Nominee must confirm the content of the nomination/entry, including any information, evidence and other materials submitted or shared with Sponsor and consent to all terms herein. Nominee agrees to engage in any and all promotional activities reasonably requested by Sponsor in relation to this Competition.
To enter the Competition, Nominators must enter the Competition on goingmerry.com and submit (i) an essay (maximum of 500 words) or (ii) a video (maximum duration of two (2) minutes) describing the Nominee’s qualities and/or examples of Nominee’s well-roundedness and the reason the Nominee should win the Competition. Nominators/entrants are limited to one (1) entry. Nominators/entrants who submit multiple entries will be disqualified.
Entries must be the entrant’s original creation. Entries must not (i) infringe on any third party’s rights; (ii) contain any harmful, false, defamatory, illegal, or offensive content (including but limited to drugs, violence, sexually explicit, discriminatory, racially inflammatory, legally or morally objectionable content ), and (iii) violate any federal, state, or local laws or regulations. Additionally, video entries must be valid and working links to YouTube or Instagram. Any entries that do not adhere to these requirements will be disqualified. Sponsor has sole discretion to decide whether an entry meets or does not meet the requirements listed herein.
Sponsor reserves the right to cancel, terminate, modify or suspend the Competition if it is not capable of being completed as planned for any reason, including but not limited to, computer viruses, tampering, unauthorized interventions, fraud, human error, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition. The decision of Sponsor to cancel, terminate, modify or suspend the Competition shall be final in all respects.
4. Winner Selection and Notification: On or before August 9, 2019, at 276 Fifth Avenue, New York, NY 10001, the Sponsor will select a total of one (1) prize winner from the pool of entries (the “Prize Winner”). Prize Winner will be determined by a panel of judges selected by the Sponsor. In selecting the Prize Winner, the judges’ considerations will include creativity, thoughtfulness, content, quality, passion, presentation and execution. In the event of a tie, an additional judge will be added to the panel. Decisions of the judges shall be final in all matters related to this Competition. The winner will be contacted by email. If a potential winner cannot be contacted, does not respond within seven (7) calendar days from the time the Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, such potential winner forfeits rights to win the Competition or receive the prize, and an alternate potential winner may be selected.
5. Prize: There will be a total of one (1) prize awarded. The Prize Winner will win Five Thousand US Dollars ($5,000.00) that will be sent by GoingMerry to the appropriate department of the Prize Winner’s qualifying academic institution on behalf of the Prize Winner to be applied towards the Prize Winner’s tuition. Prizes are not transferable or redeemable for cash. Odds of winning are determined by the number of entrants during the entire Competition Entry Period. The total approximate retail value of all prizes is $5,000.00 USD.
6. General Prize Conditions: Potential winner (or, if the winner is under 18 years of age, a parental or legal guardian) will be required to sign and return an IRS W-9, Affidavit of Eligibility, and Release of Liability along with a Publicity Release (collectively, the “Prize Claim Documents”) within five (5) days of notification and may be required to provide a valid government-issued photo identification evidencing proof of age and identity and/or a valid taxpayer identification number or social security number. Except where prohibited by law, failure or refusal to sign and return the Prize Claim Documents or other requested information within five (5) days of prize notification may result in disqualification, and an alternative winner may be randomly selected from among the remaining eligible entries. Additionally, once Sponsor receives the completed forms and/or all other prerequisites have been satisfied and prior to releasing the prize to Prize Winner, the Prize Winner may be required to provide to Sponsor a copy of the Prize Winner’s billing statement from the relevant qualifying academic institution.
7. Taxes: All federal, state and/or local income and other taxes, if any, and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize, are the winner’s sole responsibility.
8. Odds Of Winning: The odds of winning this Competition depend on the number of eligible entries received.
9. No Prize Transfer or Substitution: No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize, except by Sponsor, in which case a prize of equal or greater value may be substituted.
10. Consent and Release: By entering the Competition, each entrant releases and discharges the Sponsor and any other party associated with the development or administration of this Competition, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with the Competition, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) by accepting the prize, the winner may be required to, without further compensation, allow their name, age, school enrolled in, image and town, county or region of residence, and entry to be used for editorial, advertising and publicity purposes by the Sponsor (except if you are a resident of Tennessee or as otherwise prohibited by applicable Laws); (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Competition and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an Affidavit of Eligibility (including social security number) and a liability/publicity release.
Affidavits and releases must be returned within five (5) days from the date that the Sponsor first tries to notify the potential winner.
Additionally, as consideration for entering the Competition, all entrants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Sponsor Entities in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on the entrant’s behalf (including but not limited to entrant’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Competition or for their failure to comply with the terms of the release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Sponsor Entities.
11. Warranties and Representations: By entering and participating in the Competition, and in consideration thereof, each entrant individually warrants and represents to the Sponsor Entities that the entrant (i) meets the eligibility requirements at the time of entry; (ii) will not violate the terms contained herein; (iii) agrees to abide and be bound by these rules, and by all applicable laws and regulations, and the decisions of Sponsor; and (iv) waive any rights to claim ambiguity with respect to these rules.
12. Disclaimers: (i) The Sponsor will not accept and will not count Competition entries that are automatically generated by a computer (including systems which can be programmed to vote) or by macros; completed by third parties or in bulk; illegible, inaccessible, have been altered, reconstructed, forged or tampered with; or incomplete. (ii) Omitted. (iii) Entrants must have a verified UNiDAYS® account at all times during the Competition period and are permitted only one entry per person. (iv) Sponsor Entities are not responsible for errors in the administration of fulfillment of the Competition , including without limitation, mechanical, human, printing, distribution or production errors, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Sponsor Entities and Sponsor may modify or cancel this Competition based upon any such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARDS TO THIS COMPETITION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION OR PROVIDE FALSE, FRAUDULENT, OR DECEPTIVE INFORMATION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY THE ENTRY AND RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. Applicable Laws and Jurisdiction: This Competition is subject to all applicable federal, state and local laws and regulations. Issues concerning the construction, validity interpretation and enforceability of these Terms and Conditions shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Competition will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the law of the State of New York.
14. Changes and Interpretations: Sponsor reserves the right, in its sole discretion, to supplement, make changes to, and interpret the rules at any time without notice and such changes or interpretation shall be binding upon all entrants.
15. Winners List: To obtain the name of the winner(s), send a self-addressed stamped envelope within six (6) months of the drawing date to: UNiDAYS, Inc., 276 Fifth Avenue, Suite 711, New York, New York 10001.