OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE FEMALES, 18 YEARS OF AGE OR OLDER AS OF 6/23/07 AND ARE, OR WILL BE AT TIME OF AWARD, ENROLLED AND MATRICULATED IN A 2-YEAR OR 4-YEAR ACCREDITED UNDERGRADUATE PROGRAM AT A U.S. COLLEGE, UNIVERSITY OR VOCATIONAL-TECHNICAL SCHOOL FOR THE 2007-2008 ACADEMIC YEAR, WITH THEIR MOST RECENT GPA (HIGH SCHOOL OR COLLEGE) SCORE BEING 3.0 OR HIGHER ON A 4.0 SCALE (OR THE EQUIVALENT IN THE CASE OF ANOTHER AVERAGE SYSTEM).
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Open only to legal residents of the 50 United States and District of Columbia who are females and 18 years of age or older as of 6/23/07 who are, or will be at time of award, enrolled and matriculated in a 2-year or 4-year accredited undergraduate program at a U.S. college, university or vocational-technical school for the 2007-2008 academic year, with their most recent grade point average (high school or college) score being 3.0 or higher on a 4.0 scale (or the equivalent in the case of another average system). Employees, officers and directors of Coty US LLC (the "Sponsor"), Madden Preprint Media (the "Administrator"), Scholarship America, Inc., their respective parents, subsidiaries, affiliates, advertising and promotion agencies, webmasters/suppliers, and members of the immediate families (spouse, children, parents, siblings) and persons living in the same household (whether or not related) of such employees, officers and directors are not eligible. Void where prohibited.
2. PROMOTION PERIOD: The promotion begins 5/8/06 at 3:00 pm Central Time ("CT") and ends on 4/30/07 at 11:59 am CT (the "Promotion Period"). Administrator's computer is the official time keeping device of this Promotion.
3. TO ENTER: To enter, visit www.exclamationbycoty.com and click on the icon, banner, or text link to be taken to the Scholarship Contest Page. Complete the official entry form and follow the online instructions to answer the following statement in 900 characters (approximately 100 words) or less: "Each new day that passes brings new opportunities for change. If you only had one day to make a difference in the world, what would you do or say and how would you accomplish it?" When you have completed your answer, follow the directions to submit it. Your answer must be received and recorded by the Administrator's computer by 11:59 am CT on 4/30/07.
By submitting an entry, entrant warrants and represents that entry statement (and Finalist Statement which may be required as stated below) is the entrant's own original work, is true and verifiable, has not been previously published, and entrant owns or otherwise controls all of the rights to such statement and the statement does not violate any law or regulation, or any rights of any third-party, including but not limited to rights of copyright, publicity and privacy. Entrant gives permission (and warrants and represents that she has obtained all rights necessary to give such permission) to Sponsor to post her entry statement (and Finalist Statement) on the World Wide Web in accordance with any requirements of this contest. Sponsor reserves the right in its sole discretion to disqualify entry statement which in Sponsor's opinion is not suitable for publication, or if it is determined that the entrant has not complied with these Official Rules. Limit one entry per person.
4. JUDGING: Round One: Entries will be judged by a panel of judges supervised by Madden Preprint Media equally on the following criteria: 1) originality, 2) sincerity of expression; and 3) grammar/mechanics. The 35 entries with the highest total scores will be declared the Finalists. In case of ties, the tied entries for Finalist will be re-judged on the basis of originality. If tie remains, tied entries will be judged on the original criteria by a new judge.
Round Two: All 35 Finalists will be notified of their Finalist status and sent a "Finalist Packet" by Scholarship America, an independent scholarship management services organization, and invited to complete a statement ("Finalist Statement") on a specified topic and according to specific guidelines included in the Finalist Packet. Finalists may also be required to provide school transcripts, a list of extracurricular activities and other documentation as determined by Scholarship America. Finalists will be required to return all requested documentation within the time period specified by Scholarship America or their Finalist status will be forfeited. Upon receipt of the requested materials (all of which must be truthful and accurate) from Finalists, Scholarship America will review and independently rank all Finalists according to standard Scholarship America recipient selection procedures including the consideration of past academic performance and future potential, leadership, and participation in school and community activities, work experience, statement of career and education aspirations and goals, unusual personal or family circumstances, and an outside appraisal. Financial need will not be considered. This ranking will serve as the final determination of winners.
Finalists will be contacted on or about 5/15/07. Winners will be notified on or about 7/27/07 and will be announced online at www.exclamationbycoty.com during the months of August and September 2007.
5. PRIZES: (1) First Prize: a scholarship check in the amount of $3,000 (1) Second Prize: a scholarship check in the amount of $2,000 (1) Third Prize: a scholarship check in the amount of $1,000
All scholarship prize checks will be made payable to the winners' selected college or university. Prior to prize award/acceptance, winners must verify enrollment and other information as directed by Scholarship America. Further, each winner (and her parent/legal guardian if winner is a minor) must sign an agreement that the prize funds will only be used for tuition and fees, books and supplies, and room and board (if winner lives on campus). If a winner terminates her enrollment or drops below full-time status for any reason during the academic year of the scholarship, the balance of the scholarship must be returned to, and will be collected by, Scholarship America. If a winner transfers to another school after scholarship has been awarded, the scholarship balance will be forfeited and not transferred to the different school. Expenses and costs not stated are the sole responsibility of the winner. If winner cannot accept prize as stated, prize will be forfeited and awarded to an alternate winner.
6. GENERAL: All taxes on prizes and expenses relating to acceptance and use of prizes and not specified are the sole responsibility of winners. By participating, entrants (and entrant's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) agree a) to these rules and decisions of Sponsor and judges, which shall be final and binding in all respects and in all matters relating to this promotion; b) to release, discharge, indemnify and agree to hold harmless Sponsor, its respective advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and their respective employees, officers and directors from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), arising out of or in connection with the contest or from their acceptance, possession, use or misuse of any prize, or participation in the contest or any contest related activity; c) if a winner, grant the Sponsor all rights of ownership, reproduction and use of entry statement (and/or Finalist Statement) for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to use, publish, or otherwise exploit any entry statement (and/or Finalist Statement) (whether altered, changed, modified, edited, used alone, together or with other works, as solely determined by Sponsor) for any trade, advertising, publicity and promotional purposes without notice, review or approval; and d) if a winner to the announcement/use of name, contest entry statement and/or Finalist Statement, voice, image and/or likeness for trade, advertising, publicity and promotional purposes without compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor's direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Sponsor, its respective advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and their respective employees, officers and directors, be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Winners (and winner's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) will be required to complete an affidavit of eligibility, liability and (where legal) publicity release, which must be returned within time specified by Sponsor or an alternate winner will be selected. If documents are returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, winner will be disqualified and an alternate winner selected. If winner is not of the age of majority in her state of residence, parent or legal guardian (as solely determined by Sponsor) must execute all documents and agree to all undertakings of winner set forth in these Official Rules or prize will be forfeited and awarded to an alternate winner. Sponsor, its respective advertising and promotion agencies, and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and their respective employees, officers and directors are not responsible and shall not be liable for: a) telephone, electronic, hardware or software program, network, Internet or computer malfunction, technical errors or by any human error which may occur in the processing of entries, or the incorrect or inaccurate capture of entry or other information, or the failure to capture, or loss of, any such information; b) failed, incomplete, garbled, corrupted or delayed computer transmissions; c) lost, late, misdirected, mutilated, incomplete, illegible entries or postage-due mail; or d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the contest or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the contest, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. Each winner's winning entry statement (and/or Finalist Statement), will be deemed a Work Made For Hire under the Copyright laws of the United States, but if any winner's entry statement (and/or Finalist Statement) cannot be so deemed, then that winner (and winner's parent/legal guardian if winner is a minor) agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to the entry statement (and/or Finalist Statement), including all copyrights (including but not limited to renewal, derivative rights), in the United States and worldwide, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner (and winner's parent/legal guardian, if winner is a minor) hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that the winner may now or later have in the entry materials. Sponsor reserves the right to alter, change or modify any of the winning entry statements (and/or Finalist Statements), in its sole discretion. Upon the request of Sponsor, each winner (and winner's parent/legal guardian, if winner is a minor) shall execute and deliver such additional instrument of assignment, in a form deemed necessary and as may be solely determined by Sponsor. Sponsor's failure to request such an assignment shall not be deemed a waiver of the right to request the assignment at any time.
7. ADDITIONAL CONDITIONS: Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or unauthorized access to the web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to obtain more entries than the maximum number permitted, using multiple/different email accounts or any other methods will void all of that person's entries and that person will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods, will disqualify all entries using such methods. Entry information and entry statement (and/or Finalist Statement) become property of Sponsor. In case of dispute, the authorized subscriber of email account used to enter Contest at actual time of entry will be deemed to be participant and must comply with these Official Rules. Authorized account subscriber is deemed to be natural person who is assigned an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses. No correspondence about entries will be entered into nor will entries be acknowledged or returned. No prize transfer or cash redemption or substitution, but Sponsor reserves the right to substitute prize with prize of equal or greater value should prize become unavailable.
IN NO EVENT WILL SPONSOR, ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.exclamationbycoty.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on the web site.
9. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this contest, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.
10. WINNER LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by 8/01/07 to: ex'cla-ma'tion Scholarship Contest Winners, c/o Madden Preprint Media, 1650 E. Ft. Lowell Road, Suite 100, Tucson, AZ 85719.
Sponsor: Coty US LLC, One Park Avenue, New York, NY 10016
Administrator: Madden Preprint Media, 1650 E. Ft. Lowell Road, Suite 100, Tucson, AZ 85719