Shane Co. College Scholarship Rules
The Shane Co. 2014 $10,000 fashion or design scholarship program (the “Scholarship Program”) is open only to those legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of application and who are enrolled or will be enrolled as a full-time student no later than the fall of 2014 in an accredited post-secondary institution of higher learning (e.g. college or university). Applicants must have a cumulative G.P.A. of not less than 3.5. Current employees, officers, directors and agents of Shane Co. 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. Void where restricted or prohibited.
2. HOW TO ENTER:
To enter, beginning December 1st, 2013, submit a complete scholarship application (“Application”) online at Shane Co.’s website (http://www.shaneco.com/ about/Shane-Co-College-Scholarship.htmx) no later than March 15, 2014 at 11:59 pm Eastern Time. Limit one (1) Application per person. Application must be fully completed with name and contact information, background and academic information, transcript, letter of recommendation from an advisor, mentor, or former employer, and a short, original, previously unpublished written response to the scholarship topic, “How do you plan to make a positive impact on your community using your creativity and college degree? How will a scholarship from Shane Co. help you to achieve this impact?” Your response must be written in English, with correct spelling and grammar, and it must contain 500 – 800 words. No substitutions, new drafts, or corrected pages will be accepted once you have submitted your original Application. Shane Co. reserves the right to reject Applications for any reason, including without limitation written responses that are obscene, pornographic, libelous or otherwise objectionable. All Applications become the property of Shane Co. and will not be returned. Shane Co. assumes no responsibility for lost, late, misdirected, or unintelligible entries. By submitting an Application, you fully and unconditionally accept and agree to these Official Rules and agree not to contest any decision of Shane Co., or these Official Rules. Submission of an Application does not constitute an offer or acceptance.
3. SELECTION OF AWARDEES:
Shane Co. is looking for eligible Applicants who follow the instructions in these Official Rules and submit Applications that are well-written and clearly and creatively address the topic. On or about April 1, 2014, Shane Co. representatives will select three (3) potential awardees based on the Shane Co. representatives’ subjective and sole determination of the following criteria: originality and creativity (30%), emotional impact (20%), relevance to topic (20%), and grade point average (GPA) (30%). One (1) Applicant will be selected as the potential $5,000 Scholarship Awardee; one (1) Applicant will be selected as the $3,000 Scholarship Awardee; and one (1) Applicant will be selected as the $2,000 Scholarship Awardee. In the event of a two or three-way tie, the potential $5,000 Scholarship Awardee will be chosen based on a higher overall score. If a tie-breaking differentiation is not a clear enough defining criteria to declare an Awardee, in Shane Co.’s sole determination, Shane Co. may require additional metrics and communication with the Applicants. Shane Co. reserves the right to determine these additional metrics on an as-needed basis. The potential Awardee(s) will be notified by e-mail or mail, at which time he/she/they will be required to sign further documentation as explained below. Shane Co. shall have no liability for any potential Awardee notification that is lost, intercepted or not received by the potential Awardee for any reason. Shane Co. reserves the right to choose less than one Scholarship Awardee if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications. Portions of any of the Awardees’ Application(s) may be posted on Shane Co.’s website, or used in other marketing materials, without further compensation or notice to the Awardee. Shane Co. reserves the right to modify these Official Rules.
4. SCHOLARSHIP AWARDS:
One (1) Applicant will Dbe awarded a $5,000 scholarship; one (1) Applicant will be awarded a $3,000 scholarship; and one (1) Applicant will be awarded a $2,000 scholarship. All Scholarships will be awarded in the form of a check made payable and delivered directly to the accredited post-secondary institution of higher education at which the Scholarship Awardee is enrolled or accepted for enrollment on such student’s behalf (once the Scholarship Awardee has enrolled in an accredited post-secondary institution of higher education and submitted proof of enrollment to Shane Co.).
Potential Scholarship Awardees must submit proof of acceptance by, enrollment in, or application to an acceptable institution described above upon notification that the Applicant has been selected by Shane Co. Scholarship Award will not be disbursed unless and until Shane Co. receives proof of actual enrollment. Applicants and Awardees agree that any Award may be cancelled in Shane Co.’s sole discretion if Awardee defers enrollment to a future semester or academic year or does not enroll in the Fall of 2014. Award may not be assigned, transferred, or changed, except at the sole discretion of Shane Co. Scholarship Awards are one-time, non-renewable, and not guaranteed for future academic years. Scholarship awards are not transferable to another academic year. Scholarship awards do not cover full tuition or other expenses or costs associated with enrollment. No cash equivalent will be awarded. The award of any Scholarship is contingent upon full compliance with and written acceptance of these Official Rules. Applicants agree to be bound by Official Rules and agree that if any potential Scholarship Awardee fails to provide proof of identity, age, or school enrollment, refuses to provide the required signed affidavit accepting these Official Rules, refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated the Official Rules, or otherwise does not meet eligibility criteria, the Scholarship Awardee will be ineligible for receipt of any Scholarship Award, and the Applicant who submitted the Application with the next highest score will become an alternate potential Scholarship Awardee. Applicants agree that Shane Co. is not liable for any injury, loss or damage of any kind arising from participation in this Scholarship Award program or from acceptance, possession and use of Scholarship Award. Shane Co. is not responsible for any typographical or other error in the printing of the offer, administration of the Scholarship Program or in the announcement of the Scholarship Awards. Taxes on Awards are the sole responsibility of Scholarship Awardees. Scholarship Award recipients will be issued 1099 tax forms.
By submitting an Application, you acknowledge that Shane Co. and its related companies may also call and/or send you information it thinks may be of interest to you.
Except where prohibited, by accepting a Scholarship Award, the Scholarship Awardees agree that Shane Co. may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness in any and all media, worldwide, for the purpose of advertising and promoting the website, Shane Co., the Scholarship Program, or any other promotion, contest or sweepstakes sponsored by Shane Co.
By submitting an Application, you acknowledge and agree that: (a) Shane Co. will own your Application, including your written response submission, and (b) as between you and Shane Co., Shane Co. will own all publishing rights in and to the Application and the written response submission. Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to Shane Co., 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 and the written response submission(s) for exploitation worldwide, in perpetuity, by means of any and all media and devices, whether now known or hereafter devised. Shane Co. shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Application and written response submission(s) for any purpose which Shane Co. deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights he or she may have in his or her the Application and written response submission(s). Each Applicant hereby acknowledges that he or she does not reserve any rights in and to the Application and the written response submissions.
8. DISPUTE RESOLUTION:
ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS SCHOLARSHIP PROGRAM MUST BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. IN COLORADO WITHIN THREE (3) MONTHS AFTER SUCH CLAIM ARISES; OTHERWISE SUCH CLAIM IS PERMANENTLY BARRED. EACH APPLICANT FURTHER AGREES THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT APPLICANT WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR SHANE CO. ACT OR PROPOSE TO ACT IN A REPRESENATIVE CAPACITY. EACH APPLICANT AND SHANE CO. FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE WRITTEN CONSENT OF APPLICANT, SHANE CO., AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. SHANE CO’S LIABILITY ARISING IN CONNECTION WITH THIS SCHOLARSHIP PROGRAM WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $10.00 WITH RESPECT TO ANY APPLICANT WHETHER OR NOT SUCH APPLICANT IS A PROSPECTIVE SCHOLARSHIP AWARDEE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHANE CO. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION.
Each person who applies to this Scholarship Program represents and warrants to Shane Co. as follows: (i) the Application, including the written response submission is the Applicant’s own original, previously unpublished, and previously unproduced work; (ii) the written response submission is the Applicant’s original work and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the written response submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the written response submission does not and will not violate any applicable laws, and meets the submission requirements set forth above. Each Applicant hereby agrees to defend, indemnify and hold Shane Co. and its and its members, partners, shareholders, officers, directors, agents, affiliates, distributors, and employees 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. FURTHER DOCUMENTATION:
Except where restricted or prohibited, potential Scholarship Awardees may be required to complete and return an Affidavit of Eligibility and Acceptance of Official Rules, Publicity/Liability Release, proof of acceptance by, enrollment in, or application to an acceptable institution, and/or Copyright Assignment within ten (10) days of notification. Failure to return acceptable documentation will disqualify the potential Scholarship Awardee; the Applicant whose Application receives the next highest score will become an alternate potential Scholarship Awardee. If notification to a potential Scholarship Awardee is returned as undeliverable, such potential Awardee shall be disqualified and the Applicant whose Application received the next highest score may become an alternate potential Scholarship Awardee.
11. NO OBLIGATION TO USE.
Shane Co. shall have no obligation (express or implied) to use any winning Application, or otherwise to exploit a winning Application or continue the development, production, distribution or exploitation thereof, and Shane Co. may at any time abandon the use of the winning Application for any reason, with or without legal justification or excuse, and Scholarship Awardees 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 Program, each Applicant acknowledges and agrees that Shane Co. and its members, partners, shareholders, officers, directors, agents, affiliates, distributors, and employees 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 any Application 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 Program or be awarded any Scholarship; or (ii) any injury, damage, or loss resulting, directly or indirectly, in whole or in part, from participation in the Scholarship Program and/or the use of any Award, 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 been defamed or portrayed in a false light. Shane Co. assumes no responsibility for any damage to an Applicant’s computer system which is occasioned by accessing the Shane Co. website or participating in the Scholarship Program, or for any computer system, phone line, hardware, software or program malfunctions, or other error, failure, delayed computer transmission or network connection that is human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This scholarship program is subject to all U. S. federal, state and local laws and regulations. Void where restricted or prohibited.
13.SHANE CO.’S RIGHT TO MODIFY, SUSPEND OR TERMINATE.
Shane Co. shall have the right in its sole discretion to modify, suspend, or terminate the Scholarship Program.
Shane Co. reserves the right in its sole discretion to disqualify any individual, including without limitation for tampering with the application process or the operation of the Scholarship Program or the website, for acting in violation of these Official Rules, submitting responses dishonestly or inaccurately, or acting in an unsportsmanlike or disruptive manner. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. 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 Shane Co. to have been erroneously deleted, lost or destroyed, the entrant’s sole remedy shall be another Application, if time permits. Shane Co.’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision. No waiver of any provision or consent to any action shall constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing.