Business Class Scholarship Program Official Scholarship Competition Rules and Eligibility
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. BUSINESS CLASS, INC. IS THE SPONSOR OF THE COMPETITION.
These Official Scholarship Competition Rules (these “Rules”) for the Business Class Scholarship Program (the “Competition”), together with the Terms of Service (“Terms”) for our website and our Privacy Policy (“Privacy Policy”), constitute a legally binding agreement between you and Business Class, Inc. (“Business Class”) that governs your entry (“Entry”), to the Competition and the awarding of the scholarship (“Scholarship”), as well as any ancillary products, services, information, or other materials provided by you or Business Class in connection with the Competition.
Acceptance of These Terms
BEFORE SUBMITTING AN ENTRY FOR THE COMPETITION, PLEASE READ THESE RULES CAREFULLY. BY ENTERING THE COMPETITION AND SUBMITTING YOUR MATERIALS REQUIRED FOR ENTRY, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE RULES, THE TERMS, AND OUR PRIVACY POLICY, AND UNDERSTAND THAT ANY PERSONAL INFORMATION YOU PROVIDE WILL BE GOVERNED BY SECTION 11 (PRIVACY) OF THESE RULES AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE RULES, THE TERMS, OR OUR PRIVACY POLICY, YOU MAY NOT SUBMIT AN ENTRY.
THESE RULES CONTAIN DISCLAIMERS, WAIVERS AND INDEMNIFICATION CLAUSES AND GRANT RIGHTS TO BUSINESS CLASS, INCLUDING THE RIGHT TO USE YOUR NAME, IMAGE AND LIKENESS, AND ENTRY MATERIALS FOR PUBLICITY AND MARKETING PURPOSES. THESE RULES ALSO CONTAIN A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF COURT PROCEEDINGS ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
The Competition and Scholarship are offered and available to Business Class users who are eighteen (18) years of age or older and otherwise meet the eligibility requirements set forth below. By submitting an Entry, you represent and warrant that you meet the eligibility requirements. If you do not meet all of these requirements, you must not submit an Entry.
1. Sponsor. The sponsor of the Competition is Business Class, Inc., 2046 Hillhurst Ave #73, Los Angeles, CA 90027. The Competition is not sponsored, endorsed, administered by or associated with any other third party, including without limitation, any third-party website or owner thereof on which this Competition was advertised.
2. Eligibility. Subject to these Rules, to be eligible to enter the Competition, an entrant (“Entrant”) must: (i) be the age of eighteen (18) or older; (ii) self-identify as an entrepreneur or business founder from an underrepresented group; and (iii) submit a written response to the Scholarship questions referenced in Section 3 (How to Enter) and otherwise meets the Requirements set forth herein. Business Class employees, officers, directors and agents (including advertising and promotion agencies) and any other person or entity involved in the development or administration of this Scholarship, and their immediate family members (i.e., parents, children, grandparents, grandchildren, aunts, uncles, nieces or nephews), or individuals living in the same household as the foregoing, are not eligible to enter or win.
THE COMPETITION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
3. How To Enter. To submit your Entry for the Competition, you must submit a response to the Scholarship questions via the form located at https://www.businessclass.co/. There is a limit of one (1) Entry per person/verified email address for the duration of the Submissions Period. You acknowledge that your Entry in the Competition is voluntary and does not require you to purchase anything from Business Class. Notwithstanding the foregoing, Entrants must also meet all other eligibility Requirements contained in these Rules. NO PURCHASE NECESSARY TO ENTER OR WIN.
4. Submissions Period. The submissions period begins at 12:00 A.M. Pacific Standard Time on March 29, 2023 and ends at 11:59 P.M. Pacific Standard Time on April 7, 2023 (the “Submissions Period”). Once the Submissions Period has expired, no further Entries for the Competition will be accepted. Business Class reserves the right to change any beginning or end dates of the Competition at any time. Business Class also reserves the right to discontinue the Scholarship Competition at any time, for any reason in its sole discretion. All dates and times for the Submissions Period are subject to change.
5. Requirements. Your Entry is subject to the following eligibility requirements (collectively, “Requirements”):
a. You must be a qualified Entrant.
b. You must complete the information required by the How to Enter section of these Rules.
c. You must observe, and you agree to accept and be bound by all terms and conditions in these Rules.
d. Multiple Entrants that submit the same response will be disqualified.
e. Any late, lost, misdirected, incorrect or incomplete Entries will be disqualified, and Business Class and its agents will not be responsible for such Entries.
f. Entries generated by script, macro or other automated means are void.
g. Your Entry must be original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by any third party, or infringe, misappropriate or otherwise violate any third party’s publicity, privacy, or confidentiality rights or obligations, moral rights, intellectual property rights, industrial property rights, or other proprietary rights, including, without limitation, copyrights, trademarks, trade names, industrial designs, patents, and trade secrets; or (b) otherwise violate applicable state, federal, or local laws or regulations.
6. Judging Criteria
Each Entry that meets the Requirements will be evaluated by a panel of Business Class employees (the “Qualified Judges”) under the supervision of Business Class along the following criteria (the “Scholarship Criteria”): business concept, vision and adherence to the Requirements. Business Class reserves the right, in its sole discretion, to disqualify Entries which Business Class determines at any time in its sole judgment fail to meet any of the Scholarship Criteria, the Requirements or these Rules. The winning Entries will be determined by Business Class in its sole discretion.
7. Selection of Winners. The Qualified Judges, under the supervision of Business Class, will select the best Entries from among all eligible Entries that comply with these Rules, the Requirements, and the Scholarship Criteria as the potential winners of the Competition. The potential winners will be notified via email on or before April 18, 2023; provided that Business Class reserves the right to determine an alternate method of notification.
The potential winners may be required to sign and return, in Business Class’s sole discretion, an affidavit of eligibility (and supporting documentation) which must be received by Business Class within three (3) days of the date notice or attempted notice is sent, in order to claim his/her Scholarship. If a potential winner is unable for whatever reason to accept his or her Scholarship, fails to return the required affidavit within the time specified timeframe, or if the potential winner’s Entry is rejected by Business Class for any reason, Business Class reserves the right to award the prize to another Entrant. Business Class reserves the right to decline to select potential winners if, in the sole discretion of the Qualified Judges, there are insufficient eligible Entries for the Competition. All decisions are final and binding. The odds of winning depend on the number of eligible Entries.
Once the foregoing Requirements have been met, Business Class may, in its sole discretion, announce the winners on social media and/or its website, and you agree to Business Class disclosing your personal data to third parties.
8. Scholarship Prizes. One hundred (100) or more Scholarships shall be awarded, in Business Class’s sole discretion. Each Scholarship prize will consist of one (1) subscription to Business Class’s online course, subject to the Terms. Business Class will notify winners via email. The Scholarship is not redeemable for cash, and there are no substitutions. Winners are required to provide Business Class with the following information if requested:
a. Your first and last name;
b. Your email address; and
c. Your shipping address.
Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified in these Rules.
9. Ownership and Use of Entries. Entrants warrant that their Entry is their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Entry and that they have the right to submit the Entry in the Competition and grant all required rights and licenses, including as set forth in these Rules. Business Class claims no ownership rights over the Entry. The Entry you create remains yours. By submitting an Entry to Business Class and the Competition, you hereby grant to Business Class, its affiliates, and its and their designees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable license, right, and permission to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Entry and your name, voice, and/or likeness as contained in your Entry, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Competition and Business Class’s (and its successors’ and affiliates’) business, including without limitation for promotion and redistribution purposes in any media formats and through any media channels.
10. Competition Cancellation or Modification. Business Class reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition if for any reason the Competition is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, or if Business Class discontinues the Competition. In the event of cancellation, termination or suspension, Business Class shall promptly post a notice on the Competition website to such effect.
11. Privacy. In addition to the specific uses set forth in our Privacy Policy located at https://www.sophiaamoruso.com/privacy-policy/, Entrants agree that personal data submitted with an Entry or other communication with Business Class, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Business Class and its affiliates for the purposes of conducting and administering the Competition. We may also use your personal data to send you updates on Business Class and promotional materials from time to time. The Entrant’s personal data may be displayed along with Entrant’s photo and/or Entry on Business Class’s website and on Business Class’s social media pages.
12. RELEASE. BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE AND HOLD HARMLESS BUSINESS CLASS, THE QUALIFIED JUDGES, AND ANY OTHER VENDORS ASSOCIATED WITH THE SCHOLARSHIP, ADVERTISING THE SCHOLARSHIP OR SCHOLARSHIP FULFILLMENT, AND ALL OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION (“CLAIMS”) AND HEREBY WAIVE ANY AND ALL SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, OR DAMAGE TO OR PROPERTY, ARISING OUT OF YOUR PARTICIPATION IN THE COMPETITION, OR YOUR ACCEPTANCE, POSSESSION AND/OR USE OF THE SCHOLARSHIP.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
13. Forum and Recourse to Judicial Procedures. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the Entrants’ rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Competition are hereby excluded, and Entrants expressly waive any and all such rights. Except as set forth in Section 14 (Class Action and Jury Trial Waiver), Business Class’s rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in any court of competent jurisdiction are without restriction.
14. Class Action and Jury Trial Waiver. WITH RESPECT TO ALL PERSONS, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS BUSINESS CLASS AGREES OTHERWISE, THE COURT OF COMPETENT JURISDICTION MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY AGREEING TO THESE RULES, YOU AND BUSINESS CLASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BUSINESS CLASS, ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE RULES OR ANY ACT OR OMISSION UNDER THESE RULES.
16. Disclaimer of Warranty/Limitation on Liability. THE SCHOLARSHIP IS AWARDED “AS IS” AND BUSINESS CLASS DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SCHOLARSHIP.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, BUSINESS CLASS AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL. IN NO EVENT WILL BUSINESS CLASS’S AND/OR ITS VENDORS’ LIABILITY ARISING OUT OF THE COMPETITION OR UNDER THESE RULES FROM ANY CAUSE OF ACTION WHATSOEVER EXCEED THE AMOUNT OF USD$50.00.
17. General Conditions and Disclaimers. Business Class reserves the right to disqualify any Entrant from the Competition if, in Business Class’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Competition by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other Entrants or Business Class. An Entrant or winner may be disqualified from the Competition if he or she fails to comply with each provision of these Rules, as determined in the sole discretion of Business Class. Participation in the Competition is at Entrant’s own risk. Business Class shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an Entry; (2) Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an Entrant’s ability to participate in the Competition; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Competition; or (5) any warranty with respect to any Scholarship or any component thereof. Any person attempting to defraud or in any way tamper with this Competition or with Business Class’s website may be prosecuted to the full extent of the law. Business Class reserves the right to modify these Rules in any way or at any time.
18. No Third Party Beneficiaries. Except for the indemnified parties and Released Parties under these Rules, these Rules do not and are not intended to confer any rights or remedies upon any person or entity other than Business Class and you.
19. Entire Agreement; No Waiver; Severability. These Rules, together with the Terms and our Privacy Policy, any and all other agreements expressly incorporated by reference, any affidavit of eligibility and supporting documentation we request you submit, and any and all other policies or legal notices published by Business Class that relate to this Competition (“Agreement”), constitute the entire agreement between you and Business Class concerning the Competition and Scholarship. If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Business Class’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Business Class.
20. Winner List. To request the name of winners for this Competition, send a self-addressed, stamped envelope to Business Class, Inc., 2046 Hillhurst Ave #73, Los Angeles, CA 90027, United States. Please include the name of the Competition. Winner List requests will only be accepted after end of the Submissions Period listed above.