1. WHAT SCHOLARSHIP AWARDS ARE AVAILABLE?
Subject in each case to the terms and conditions set forth in these HomeLight Scholarship Rules (these “rules”), HomeLight will award one scholarship in the amount of $1,000 (timed approximately to coincide with the beginning of typical university Spring and Fall semesters) for the 2020-2021 school year.
2. AM I ELIGIBLE TO APPLY?
To apply for the HomeLight Scholarship, you must be at least eighteen years old and residing legally in the United States. Additionally, you must currently be enrolled in full-time undergraduate study at, or be a high school senior planning to enroll in full-time undergraduate study during the entirety of the 2020-2021 academic year at, an accredited two- or four-year college or university in the United States. Employees and affiliates of HomeLight and members of their immediate families, and persons residing at the same address, are not eligible to apply for the HomeLight Scholarship. If you do not meet the foregoing eligibility criteria, please do not apply for the HomeLight Scholarship. Each eligible applicant may submit only one application for the HomeLight Scholarship per calendar year. Void where prohibited. Your submission of an application for the HomeLight Scholarship shall constitute your consent to be bound in all respects by the terms and conditions set forth in these rules, and your unconditional acceptance thereof and of the decisions of the HomeLight, which shall be final and binding. If you do not agree to the terms and conditions of these rules, please do not submit an application for the HomeLight Scholarship.
3. HOW DO I APPLY FOR THE HOMELIGHT SCHOLARSHIP?
To apply for the HomeLight Scholarship, you must complete the application on or before the relevant application deadline of April 15 for scholarships to be awarded for the following Fall semester or November 15 for the following Spring semester. The written portion of your application must be in English and must not exceed 1,000 words. All content submitted in connection with your application, including any images, must be submitted in accordance with any technical specifications set forth in the application and shall, for the avoidance of doubt, be subject to the terms and conditions of Section 7 (“Ownership of Content”) of these rules, below.
4. HOW WILL HOMELIGHT DECIDE WHO IS AWARDED A SCHOLARSHIP?
A committee comprised of members of HomeLight’s management team will select potential recipient for each of the awards described in Section 1 of these rules from among eligible applicants based on a number of criteria, including the quality and applicability of any content submitted. Applicants are asked to submit an essay about (1) how they’ve impacted their community (2) their favorite place to live near campus. Each potential scholarship recipient will be notified of their selection via email. In no event shall HomeLight be liable for any potential recipient notification that is lost, intercepted or not received by the potential recipient for any reason. By submitting an application for a HomeLight Scholarship award, you acknowledge that HomeLight and its affiliates may call or contact you in relation to the scholarship and that the names of the HomeLight Scholarship award will be posted on the HomeLight website and on its social media pages.
5. HOW WILL SCHOLARSHIP AWARDS BE PAID?
Each scholarship award shall be non-transferable and will be in the form of a check made payable to the eligible institution of higher education attended by the recipient. Scholarship award recipients must submit proof of current enrollment at such institution in order for HomeLight to remit the award. No cash equivalent awards will be provided. The award of any scholarship shall be contingent upon full compliance with the terms and conditions of these rules. If any HomeLight Scholarship award recipient (i) fails or refuses, within ten business days of being notified of their selection as a recipient of a scholarship award to provide proof of identity, any required affidavit, or any requested tax forms (including IRS W-9 form), (ii) is found by HomeLight to have violated the terms and conditions of these rules or (iii) otherwise does not meet the eligibility criteria set forth herein, such recipient’s award will be forfeited and an alternate HomeLight Scholarship award recipient will be chosen. Any taxes owed by any recipient in respect of any HomeLight scholarship award shall be the sole responsibility of the award recipient, who shall be issued an IRS Form 1099 in connection therewith.
Except where prohibited, by accepting a HomeLight Scholarship award, the recipient thereof agrees that HomeLight 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 HomeLight and/or its products and services, or the HomeLight Scholarship program.
7. OWNERSHIP OF CONTENT.
In consideration of your being considered for the award of a scholarship, your application, including all written material and imagery submitted therewith (collectively, “Content”) become the property of HomeLight upon submission and will not be returned. The Content may be posted on the HomeLight website, or used in other marketing materials, without further compensation or notice to you. You hereby irrevocably grant, transfer, sell, assign and convey, without reservation of any rights whatsoever, to HomeLight, 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 (i) your application for a HomeLight Scholarship award and (ii) any Content for exploitation throughout the world, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”). HomeLight shall have the right, in its sole discretion, to edit, duplicate, alter and amend, the application and Content for any purpose whatsoever, and you irrevocably waives any and all moral rights you may have in your application and any Content submitted by you. HomeLight shall have no obligation (express or implied) to use any application, or to otherwise exploit any Content or to continue the development, production, distribution or exploitation thereof, and HomeLight may at any time abandon the use of any Content for any reason.
8. IMPORTANT LEGAL TERMS:
a. DISPUTE RESOLUTION:
All disputes arising out of or relating to these rules or your participation in the HomeLight Scholarship program shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, The arbitration shall be conducted in San Francisco, California, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties. In connection with any such arbitration proceeding, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. HomeLight does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these rules or the HomeLight Scholarship program shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting San Francisco, California except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising therefrom may be executed in any court of competent jurisdiction.
b. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION.
By entering an application for a HomeLight Scholarship award, you represent and warrant to HomeLight as follows: (i) your application, including any Content submitted therewith, is your own original, previously unpublished, and previously unproduced work; (ii) any Content is wholly your own original creations and is not the subject of any actual or threatened litigation or claim of infringement of the rights of any third party; (iii) any Content you submit to HomeLight neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) any Content you submit to HomeLight does not and will not violate any applicable laws shall meet all applicable conditions for submission set forth above. You hereby agree to indemnify and hold HomeLight 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 by you of any of the warranties, representations or agreements hereunder.
c. LIMITATION OF LIABILITY:
You acknowledge and agree that HomeLight, its affiliates, and its and their respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) your participation in the HomeLight Scholarship program; (ii) incomplete, lost, late, misdirected or illegible entries or for failure to receive your application due to any cause whatsoever, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit your ability to participate in the scholarship program; or (iii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the scholarship program and/or the use of any scholarship 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 your rights of publicity or privacy, or your claim that you have somehow been defamed or portrayed in a false light. The HomeLight Scholarship program is subject to all U.S. federal, state and local laws and regulations and is void where prohibited. If your application is confirmed by HomeLight to have been erroneously deleted, lost or destroyed, your sole remedy shall be to submit another application, if time permits. HomeLight’s failure to enforce any term of these rules shall not constitute a waiver of that or of any other provision hereof.
d. HOMELIGHT’S RIGHT TO MODIFY, SUSPEND OR TERMINATE.
In the event HomeLight is prevented from continuing to provide the HomeLight Scholarship program by any event beyond its reasonable control, then HomeLight shall have the right in its sole discretion to modify, suspend, or terminate the scholarship program.
e. GENERAL PROVISIONS.
HomeLight reserves the right in its sole discretion to disqualify any applicant who is determined by HomeLight, in its sole discretion, to be (i) tampering with the application process or the operation of any technical interface used to administer the scholarship program, (ii) acting in violation of the terms and conditions set forth herein, (iii) submitting false, misleading or infringing Content, (iv) acting in a manner that is threatening or abusive to HomeLight, its affiliates or its or their respective employees or to other applicants or (v) otherwise disruptive to the orderly administration of HomeLight Scholarship program in accordance with these terms and conditions.