APARTMENT GUIDE STUDENT SCHOLARSHIP OFFICIAL RULES
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES. READ THESE OFFICIAL RULES IN THEIR ENTIRETY AS THEY CREATE A BINDING CONTRACT, WHICH INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NOTE TO ALL MINOR ENTRANTS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER. EACH MINOR WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE MAY BE FORFEITED. EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF A MINOR ENTRANT.
1. Eligibility. The Apartment Guide Student Scholarship Contest (the “Contest”) is open only to individuals (not teams) who are at the time and date of entry: (i) legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia; (ii) at least seventeen (17) years old; and (iii) either: (a) currently registered for a full-time undergraduate program at an accredited university in the United States and maintaining a 2.5 grade point average (“GPA”) as evidenced by a current transcript (i.e., grades shown on transcript through the last semester/quarter enrolled); or (b) currently accepted to an accredited university for a full-time undergraduate program in the United States for the spring 2019 semester/quarter, or single equivalent term (during the period from January 1, 2019 – June 1, 2019) and maintained at least a 2.5 GPA during high school as evidenced by a current transcript. Employees, officers and directors of RentPath, LLC (“Sponsor”, “us” or “we”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
2. Entry Period. The Contest begins on or about 12:01 a.m. Eastern Time (“ET”) on September 1, 2018 and all entries must be received by the Sponsor on or before 11:59 p.m. ET on October 31, 2018 (the “Entry Period”).
3. How to Enter. To enter the Contest, during the Entry Period, visit the Contest website https://www.apartmentguide.com/students/scholarship (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, date of birth and related registration information as prompted. Additionally, entrants must submit on the entry form an essay that is no longer than six hundred (600) words on topic of “What Makes Home Home”. Up to ten (10) finalists will be selected from the essay Submissions and those finalists will then be required to make a separate video submission (to be no longer than three (3) minutes) (the essay and/or the video are referred to in these Official Rules as the “Submission”). Sponsor will contact the finalists regarding the requirements for video Submission. For purposes of this Contest, a Submission is an essay and/or video that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below).
Limit of one (1) entry per person/email address for the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant. The database clock of Sponsor’s Contest Website will be the official timekeeper for the Contest.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the account holder of the email or other account from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Winners (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website (if applicable), each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Submissions must comply with these Official Rules and any Terms of Service posted on the Contest Website and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
- During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner.
- Except for materials that are in the public domain, each Submission, in its entirety, must be a work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, Submissions must be truthful and accurate and include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie or book or include materials belonging to any third parties or incorporate the names or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Submission and grant the rights to Sponsor set forth herein. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous; (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is unlawful; (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrant must have permission from any individuals (if any) that are referenced in his or her Submission (e.g., family members, friends or others).
- Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
5. Intellectual Property. Entrant, upon submission of his or her Submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prize to the Winner in this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Submissions if selected as a Winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Contest Website or elsewhere are available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
6. Representations, Warranties and Indemnity. By entering the Contest, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Contest Website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. Determining the Winners. After the conclusion of the Entry Period, each Submission will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, who will review and judge all eligible Submissions based on the following judging criteria:
33.3%: Overall quality and level of effort;
Based on the total score the Judges assign to each essay Submission using the above-listed judging criteria, up to ten (10) Submissions will be ultimately selected by the Judges and each individual who submitted a selected Submission will be a potential “Finalist”, subject to confirmation that the potential Finalist has met the eligibility requirements and complied with these Official Rules (including the submission of a video set forth in “How to Enter” above). If there is a tie after the Judges apply the judging criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Finalists.
Beginning on or about 12:01 p.m. ET on December 1, 2018 through 11:59 p.m. ET on December 31, 2018 (or such other dates selected by Sponsor in its sole discretion), all Finalist essay and video entries will be posted on the Contest Website to be rated by other users (“Users”) of the Contest Website (the “Public Voting Period”). Users must be thirteen (13) years of age or older to vote. Users will be asked to vote on their favorite Submission based on: (i) public appeal of the Submission (50%); and (ii) the relevance to the topic (50%).
Each “day” during the Public Voting Period, Users may vote once for any individual Submission (i.e., only one vote per User per day) by visiting the Contest Website. For the purpose of this Contest, a “day” will begin at 12:00 a.m. ET and end at 11:59 p.m. ET. Users can vote by going to the Contest Website and following the instructions to participate in the voting process. Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both. Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction. Any attempt by a Finalist to manipulate or undermine the integrity of the voting as determined by Sponsor in its sole discretion will result in disqualification, with the understanding that disqualification shall not represent the sole remedy available to Sponsor. Vote tallies on the Contest Website are provided solely for informational purposes and are not binding upon Sponsor.
The Submission that receives the highest valid vote total during the Public Voting Period will receive a score of ten (10) points. All other Submissions will be given a score for their valid vote totals in proportion to the Submission receiving the highest valid vote total. For example, if the highest valid vote total received by a Submission is one hundred (100) valid votes, that Submission would receive ten (10) points for the “Public Voting” component of the total score. As such, a Submission receiving twenty (20) valid votes during the Public Voting Period would then receive two (2) “Public Voting” points, since twenty (20) out of one hundred (100) valid votes is 1/5th of the highest valid public vote total. For the avoidance of doubt, the “Public Voting” score is dependent upon the number of valid votes a Submission receives as well as the highest valid vote total received by any Submission during the Public Voting Period.
After the conclusion of the Public Voting Period, each Submission will then be re-reviewed by the Judges assembled by Sponsor, who will re-review and re-judge all eligible Submissions based on the following judging criteria:
50%: Public Voting score;
30%: Responsiveness to the Contest theme;
Based on the total score the Judges assign to each Submission using the judging criteria above, two (2) winning Submissions will be ultimately selected by the Judges and the individual entrants of those two Submissions will each be a potential “Winner”, subject to confirmation that each potential entrant Winner has met the eligibility requirements and complied with these Official Rules. In the event of a tie during the Winner selection process, the Sponsor will break the tie using the highest ranking submission in the creativity category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the Winners. Sponsor will not provide any entrant, Finalist or Winner any scores, written assessment or feedback about their or any other Submission.
8. Winner Notification. The potential Winners will be notified by mail, email and/or other method (as selected by Sponsor) on or about January 9, 2019unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via an overnight delivery service or two (2) days after mailing through U.S. Postal Service. The potential Winners will be required to execute and return an affidavit of eligibility, a liability release, a publicity release, transcript as well as services and performance agreements (collectively, “Prize Acceptance Documents”) within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
Failure to comply with the Official Rules will result in disqualification and award of the prizes to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent.
9. Prizes and Values. The prize to be awarded in this Contest is (to two (2) different Winners): a scholarship award of up to $2,500.00 for use by Winner solely in connection with tuition, fees, books, supplies and equipment required for Winner’s university or other college courses in the 2019 spring semester/quarter or single equivalent term (during the period from January 1, 2019 – June 1, 2019). The prize award may not cover living expenses such as entertainment, food, transportation or other related expenses. The scholarship will be awarded in the form of a check payable to the scholarship winner upon furnishing proof of university registration and payment of eligible expenses in excess of $2,500. If proof of a lower amount is shown by Winner (i.e., an amount paid is lower than $2,500), the lower amount will be awarded as the prize. Proof of registration and eligible expenses must be submitted within four (4) months of winning the Contest as a condition of receiving the prize award. Prize scholarship will only be awarded to the winning entrant upon furnishing proof of university registration and payment of eligible expenses.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize. Prize Winners will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The Winners may be required to provide Sponsor with a valid social security number (if Winner is residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. The total approximate retail value of all of the prizes awarded in this Contest is up to Five Thousand Dollars ($5,000.00).
10. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. CAUTION:ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Release. By participating in the Contest, entrant agrees to release, discharge and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrant agrees that Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
12. Publicity Release. Subject to applicable law, Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the Winners.
13. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
14. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
15. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Fulton County, Georgia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Atlanta, Georgia. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Fulton County, Georgia. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
16. No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
17. Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest. To the extent Sponsor does not receive at least twenty (20) valid entries, Sponsor may cancel the Contest in its sole and absolute discretion.
18. Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
19. List of Contest Winners / Official Rules Requests. To receive any legally required list of the Winners, send a stamped self-addressed envelope to: Apartment Guide Student Scholarship Winner’s List, c/o RentPath, LLC, 950 East Paces Ferry Road, Suite 2600, Atlanta, GA 30326, within sixty (60) days of expiration of the Entry Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to Apartment Guide Student Scholarship Contest Official Rules, c/o RentPath, LLC, 950 East Paces Ferry Road, Suite 2600, Atlanta, GA 30326, prior to the end of the Entry Period.
20. Identification of Sponsor. This Contest is sponsored by: RentPath, LLC, 950 East Paces Ferry Road, Suite 2600, Atlanta, GA 30326. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
As a condition of entering the Contest, entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.
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