Last updated: September 2019
1. Terms of Service.
1.1 Access and Use of Services.
Without limiting the foregoing, the permission granted to Customer to access and use the Services is based on Customer’s agreement to not access or use the Services for: (i) developing a product or service that could reasonably be regarded as being competitive with the Services, or (ii) monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose.
Customer shall not, and shall not permit third parties to, block, mask or obscure advertisements that appear on the Website.
1.2 No Double Registration. Owl will provide Customer with the opportunity to reject individual scholarship providers. Customer agrees to reject any scholarship provider to which Customer or anyone on Customer’s behalf has applied in the past. Customer acknowledges that any failure to reject duplicative applications may disqualify Customer’s other applications, and Customer hereby waives all claims against Owl relating to such disqualification.
The Official Rules attached hereto as Exhibit A constitute an Additional Agreement for Owl’s scholarship sweepstakes Additional Services, and Customer agrees to such Official Rules.
1.4 Customer Account. To access the Services, Customer must create an account associated with a valid email address (“Account”). When Customer signs up for the Services, Owl shall create a dedicated email address on behalf of Customer with scholarshipowl.com (“Owl Email Address”). Customer is solely responsible for Customer’s Account, including for: (i) controlling the access to, and use and security of, the Account and Customer’s Content (as defined below), (ii) maintaining the security of the passwords and other measures used to protect access to the Account, and (iii) all instructions provided to Owl through the Account, whether or not authorized by Customer. Owl is not responsible for unauthorized access to the Account. Customer will contact Owl immediately if Customer believes an unauthorized third party may be using the Account. Nothing in the foregoing requires Owl to monitor the Account for unauthorized access or any other security breach.
“Customer’s Content” shall mean any information Customer has provided or has been collected in connection with establishing the Account or using the Services.
1.7 Services Changes. Owl may change or discontinue any of the Services or change or remove features or functionality of the Services from time to time, without any liability to Customer. Owl will use commercially reasonable efforts to notify Customer of any material change to or discontinuation of the Services.
2. Fees & Billing.
In consideration for Customer’s usage of the Services, Customer agrees to pay Owl fees at Owl’s then-current pricing for the Services as published from time to time on the Website. All payments from Customer to Owl must be in United States Dollars.
Owl may in its sole discretion modify its pricing upon the provision of at least 30 days’ notice to already-paying customers, by posting a notice on the Website and sending an email to the address maintained for the relevant Account.
Unless Customer notifies Owl in writing of Customer’s termination of its use of the Services within 14 days after delivery of such notice, the Customer will be deemed to have consented to the updated pricing.
Owl will bill Customer’s credit card / debit card / PayPal account for the Services ordered by Customer, either as a one-time payment, or in automatically reoccurring payments if Customer has an ongoing subscription. Owl shall send a sales receipt to Customer upon request.
Customers with ongoing subscriptions are responsible for maintaining current and complete credit card / debit card / PayPal account information on file with Owl’s payment processor at all times. Owl uses Braintree (a PayPal service) as its payment processor. Customers’ payment account information, including credit/debit card number or PayPal account information, are stored by Braintree and may be used for future or reoccurring payments (if the Customer has an ongoing subscription with reoccurring payments). Changes to on-file payment account information, or requests to delete payment account information on file, must be communicated to Owl at firstname.lastname@example.org. Owl may change its payment processor at any time with or without notice to Customer.
All charges are automatically made on Customer’s specific billing cycle date as disclosed during the enrollment process. If Customer’s Services begin with a free trial period, Customer must cancel the Services prior to the end of the free trial period in order to avoid being charged.
Owl shall have the right to suspend Customer’s Account without prior notice once payment is overdue by 10 calendar days.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ALL CLAIMS RELATING TO CHARGES ASSOCIATED WITH THE SERVICES UNLESS CLAIMED WITHIN SIXTY (60) DAYS AFTER THE CHARGE.
2.3 Cancellation. Subject to the requirements of Section 3 below, Customer may cancel their Services by (i) submitting a cancellation request through their Account on the Website; (ii) sending an email to email@example.com specifying the email address used for the account and clearly indicating that they want to cancel or (iiI) calling customer service at 800 494 4908 Monday - Friday, 11a.m. to 6p.m. EST and 8a.m. to 3p.m. PST.
2.4 Refunds. Except as specifically identified in this Section 2.3, all payments to Owl are non-refundable. If Customer purchased a Service that began with a free trial period and does not cancel prior to the end of the free trial period, (i) the first fee paid following the free trial period is non-refundable and (ii) subsequent fees are non-refundable except that Owl will refund upon request the fee paid for the most recent billing cycle so long as Customer has not logged into or otherwise accessed or used the Service during the applicable billing cycle. If Customer purchased a Service that did not begin with a free trial period, fees are non-refundable except that Owl will refund upon request the fee paid for the most recent billing cycle so long as Customer has not logged into or otherwise accessed or used the Service during the applicable billing cycle. To request a refund, Customer must submit their request using Owl’s contact form, sending an email to firstname.lastname@example.org, or calling 1-800-494-4908.
2.5 Late Fees. Owl may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, plus all reasonable expenses and costs of collection (including collection agency fees, attorney fees and court costs). The assessment of interest shall not limit Owl’s other rights and remedies for late payment, including Owl’s right to suspend or terminate access to the Services.
2.7 Third Party Fees. Any third party fees (including credit card, debit card, PayPal and bank fees) (“Third Party Fees”) are Customer’s sole responsibility, and if charged to Owl, Customer shall pay Owl an additional amount equaling the Third Party Fees in order to ensure that the net amount that Owl receives equals the amount Owl would have received if no Third Party Fees had been charged.
3. Term and Termination.
4. Acceptable Use.
4.1 Customer shall use the Services in compliance with all applicable laws, ordinances, rules and regulations, shall not violate or attempt to violate Owl’s system or network security, and shall not misuse the Services in any way. Customer shall not (i) engage in, solicit, or promote any activity that is illegal, invasive, violates the rights of others, or could subject Owl to liability to third parties, (ii) submit Customer’s Content that is defamatory, misleading, fraudulent, obscene, distasteful, harassing, discriminatory, racially or ethnically offensive, contains sexually suggestive or explicit content, facilitates or promotes illegal activity, or contains illegal content, (iii) distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a disabling, destructive, damaging, or deceptive nature, or (iii) disable, interfere with, or circumvent any aspect of the Services.
Customer hereby irrevocably and in perpetuity grants to Owl, those acting under Owl’s authority, and any third party sponsor or co-sponsor of a scholarship (“Scholarship Partner”) the unrestricted, absolute, perpetual, worldwide right and license to use Customer’s name, address, photograph, likeness, voice, biographical and personal information, statements, Scholarship Sweepstakes application, essays, and any photograph, film, video, audio recording or other recording taken of Customer or such materials (collectively, “Promotional Content”), and all in connection with marketing purposes; and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Promotional Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever, in connection with such marketing purposes; and all the foregoing without any compensation, royalties, remuneration or consideration to Customer or to any third party, and Customer hereby waives all claims to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
6. Customer’s Warranties.
Owl shall promptly notify Customer of any claim subject to indemnification, provided that Owl’s failure to do so shall not affect Customer’s obligations hereunder, except to the extent that Owl’s failure to promptly notify Customer materially delays or prejudices Customer’s ability to defend the claim. At Owl’s option, Customer will have the right to defend against any such claim with counsel of Customer’s own choosing (subject to Owl’s written consent) and to settle such claim as Customer deems appropriate, provided that Customer shall not enter into any settlement without Owl’s prior written consent and provided that Owl may, at any time, elect to take over control of the defense and settlement of the claim.
8. Disclaimers of Warranties and Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
9. Proprietary Rights and Confidentiality.
9.1 Customer's Content. As between Owl and Customer, Customer owns all right, title and interest in and to Customer’s Content.
9.2 Services. As between Owl and Customer, Owl or its licensors own and reserve all rights, title and interest in and to the Services, Owl’s trademarks, logos and service marks and all modifications to any of the forgoing and all related intellectual property rights, including, without limitation, all content accessible from the Website (other than Customer’s Content), whether registered or not and whether registerable or not. Customer is required to retain all copyright, trademark and other notices on any copies Customer makes of the Website or any content contained therein.
9.3 Suggestions. Should Customer provide Owl with any suggestions or ideas pertaining to the Services (“Suggestions”), Owl will own all right, title and interest in and to the Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to Customer. Customer hereby irrevocably assigns to Owl all right, title and interest in and to Suggestions and agrees to provide Owl with reasonable assistance, at Owl’s cost, required or desirable in order to document, perfect and maintain Owl’s rights in the Suggestions.
9.4 Confidentiality. Customer agrees not to use any Confidential Information of Owl except in connection with Customer’s authorized use of the Services. “Confidential Information” means all non-public information disclosed by Owl to Customer in connection with the Services, that Customer should reasonably understand to be confidential, including all non-public aspects of the Services.
9.5 Links to Website. Customer may link to the Website by using a text link and linking to the Website homepage or any other webpage or content contained on the Website, provided that the link Customer creates and the pages that are activated by the link do not: (i) duplicate Website content, (ii) frame or create a border around Website content or any pages on the Website, or use other techniques that alter in any way the visual presentation or appearance of any content on the Website, (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us, (iv) imply that we approve or endorse Customer, Customer’s website or the content contained thereon, or Customer’s goods or services, (v) present false or misleading impressions regarding Owl or otherwise damage any goodwill associated with Owl’s name, Website, scholarships, other goods or services, or trademarks, (vi) use Owl’s trademarks in page text, metatags or hidden text in order to gain higher rankings from search engines, or (vii) use Owl’s name, trademarks, or Customer’s relationship with Owl, in a promotional manner without Owl’s prior written permission.
10. Governing Law & Jurisdiction.
Sweepstakes Official Rules
Owl is pleased to offer the You Deserve it Scholarship Sweepstakes (“Scholarship Sweepstakes”) in which you can apply for a chance to win a scholarship to be used for tuition or books at your qualified high school, college or university within the United States (collectively, “School”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SCHOLARSHIP SWEEPSTAKES. ANY PURCHASE, PAYMENT OR UPGRADE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SCHOLARSHIP SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE SEE “RESTRICTIONS” BELOW.
By applying to enter the Scholarship Sweepstakes, whether automatically by Owl upon your registration to the Website, or else by you actively applying to enter the Sweepstakes, you agree to be bound by these Official Rules, and you understand that any violation of these Official Rules shall result in your disqualification from the Scholarship Sweepstakes. All of Owl’s decisions regarding the Scholarship Sweepstakes, including without limitation the selection of the winner, shall be final and binding in all respects. Owl reserves the right to amend or discontinue the Scholarship Sweepstakes and these Official Rules at any time in its sole discretion.
The provisions set forth in the relevant Owl sweepstakes page “Sweepstakes Page” shall be deemed an integral part of these Official Rules. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them on the Sweepstakes Page.
You may apply to enter the Sweepstakes for a chance to win a scholarship for your School only if you meet the Eligibility Requirements set forth on the Sweepstakes Page.
Owl reserves the right to disqualify any applicant from the Scholarship Sweepstakes at any time, and in its sole discretion.
Without limiting the foregoing, you may not be an officer, director, member or employee of Owl or any other party associated with the development or administration of the Scholarship Sweepstakes, or an immediate family member (i.e., parents, children, siblings or spouse) of any of the foregoing, or a person living in the household of any of these individuals, whether or not related.
How to Enter
The Scholarship Sweepstakes will run for the Sweepstakes Period, as set forth on the Sweepstakes Page.
Instructions for registration for the Sweepstakes Scholarship are set forth on the Sweepstakes Page.
You may apply to enter the Scholarship Sweepstakes under a single name and a single email address. After the end of the Sweepstakes Period no further applications will be accepted.
The estimated odds of winning are set forth on the Sweepstakes Page. Actual odds of winning depend upon the total number of eligible applications received. Each eligible application will have an equal chance of winning.
Owl shall disqualify any applicant tampering with the application process or the operation of the Website, including without limitation through the use of bots or other automated processes to enter.
All information you provide must be correct and complete.
The Scholarship Sweepstakes is subject to applicable law, and is void where prohibited or restricted by law.
Owl owns and operates several scholarship promotional websites and concurrently runs several scholarship promotional sweepstakes. On or around the Draw Date, as set forth on the Sweepstakes Page, Owl will hold a single scholarship promotional sweepstakes, where all eligible applicants from all of Owl’s scholarship promotional websites and scholarship promotional sweepstakes will be combined, including eligible applicants for the Scholarship Sweepstakes, and a single winner of the Prize, as set forth on the Sweepstakes Page, will be selected by a random drawing of all such scholarship promotional sweepstakes, including the Scholarship Sweepstakes (“Winner”).
In the event of a dispute regarding the identity of an applicant, including without limitation Winner, identity shall be deemed to be that of the natural person over 13 years of age owning the email address associated with the Winner’s Account, as of the date that Owl receives such applicant’s application for the Scholarship Sweepstakes.
The amount of the Prize is set forth on the Sweepstakes Page, and shall be used solely and exclusively for the full or partial payment of Winner’s tuition and/or books at Winner’s School.
Owl shall either pay the amount of the Prize to Winner, or else directly to Winner’s School, and all in Owl’s sole discretion.
Upon Owl’s request, and prior to Winner being awarded the Prize, Winner agrees to provide Owl with proof of Winner’s enrolment at the School and Winner’s tuition bill, and any other information requested by Owl.
Winner will be notified by e-mail or by telephone within approximately five (5) business days of the Draw Date, to be followed by written notification to Winner’s Owl Email Address.
Winner will be deemed to have forfeited the Prize, and an alternate applicant from all of Owl’s scholarship promotional websites and scholarship promotional sweepstakes will be selected as the new single Winner by a random drawing in Winner’s place, in the event of any of the following: (i) Winner cannot be contacted after reasonable efforts within three (3) business days after the first attempt to contact Winner, (ii) Winner chooses not to accept the Prize, or (ii) Winner does not comply with requirements from Winner set forth in these Official Rules (including on the Sweepstakes Page).
If requested by Owl, as a condition to winning the Prize Winner shall execute an “Affidavit of Eligibility and Liability/Publicity Release” (“Affidavit”). Agreement to the publicity release portion of the Affidavit is not required for Tennessee residents. Where Winner is a minor, Winner’s parent or legal guardian shall also execute the Affidavit.
Verification of Information
Although information that you provide may be verified, Owl is not under any obligation to verify any of the information that you provide, and you hereby warrant that all information that you provide in connection with the Scholarship Sweepstakes is complete and accurate.
Ownership Of Applications
All applications shall become the property of Owl and will not be returned.
Official Rules, Decisions
By entering the Scholarship Sweepstakes, you agree to be bound by these Official Rules and the decisions of Owl, which will be final and binding. Without limiting the foregoing, you agree that any violation of these Official Rules will result in your disqualification from the Scholarship Sweepstakes.
Disclaimer of Warranties, Limitation of Liability, and Privacy
Applicable Law and Jurisdiction
The Scholarship Sweepstakes is subject to all applicable laws and regulations. Disputes concerning the construction, validity, interpretation or enforceability of these Official Rules shall be governed by the state laws of the Delaware law in New Castle county, without application of its conflict of laws principles.
Restrictions: Non-Transferability, Right to Cancel, Suspend, or Modify
Prizes are non-transferable and must be accepted as awarded. Owl reserves the right to cancel, suspend, or modify the Scholarship Sweepstakes and award the Prize from among all eligible applications received prior to such cancelation, suspension or modification, or to elect not to award the Prize at all, for any legal, commercial, technical or other event, and all in Owl’s sole discretion.
Names of Winners will be posted on Owl’s Winners Page, and may be posted on the websites of Scholarship Partners or elsewhere, according to Owl’s sole discretion. You may request a Winners’ list by sending a stamped, self-addressed envelope no later than ninety (90) days after the relevant Draw Date to: Owl, Winners’ List, 427 N Tatnall St #91572 Wilmington, Delaware 19801-2230.
Sponsor, No Affiliation Or Endorsement
This promotion is sponsored solely by Owl. Owl can be reached at email@example.com, or at Apply Me, Inc., 427 N Tatnall St #91572 Wilmington, Delaware 19801-2230.
Owl is not affiliated with, sponsored by, or endorsed by any School. Signing up, registering, or enrolling in a School does not increase your chances of winning.