Scholarship Terms and Conditions

This contest is sponsored by Optimal, 123 Lake Street South, Suite B-1, Kirkland, Washington 98033.

Eligibility

THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES ONLY WHO ARE AT LEAST 16 YEARS OF AGE, AND WHO ARE ENROLLED IN AN ACCREDITED POST-SECONDARY ACADEMIC INSTITUTION IN THE UNITED STATES. IF YOU ARE NOT A LEGAL RESIDENT OF THE U.S., ARE UNDER 16 YEARS OF AGE, ARE NOT ENROLLED IN AN ACCREDITED POST-SECONDARY ACADEMIC INSTITUTION IN THE UNITED STATES, OR ARE FROM A JURISDICTION WHICH PROHIBITS THIS TYPE OF CONTEST, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO PARTICIPATE IN THIS CONTEST – YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS AND GRANT YOU PERMISSION TO PARTICIPATE IN THE CONTEST.

Directors, officers and employees of Sponsor and any of its affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to enter or win any prizes (each a "Scholarship"). All applicable federal, state and local laws and regulations apply.

Disclaimer

Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Contest.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE OFFICIAL RULES OR ELSEWHERE, SPONSOR MAKES AVAILABLE THE CONTEST, AND ANY PRIZES ON AN "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH. SPONSOR SHALL NOT BE LIABLE TO ANY ENTRANT OR WINNER FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF THE CONTEST, REGARDLESS OF WHETHER SPONSOR WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE TOTAL AGGREGATE LIABILITY OF SPONSOR TO ENTRANTS, WINNERS, OR OTHER THIRD PARTIES ARISING OUT OF OR RELATING TO THE CONTEST WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS.

Contest Period; How to Enter; Prizes and Odds

The contest begins and ends (the "Deadline") at a certain time, as set forth in the contest summary. You may enter the contest by submitting a contest application via sponsor's website. All information fields in the contest application must be completed in full, in the English language, and the contest application must be received by the deadline to be eligible to win a prize. You may submit only one contest application, and no revisions to the contest application may be made after it has been submitted. The specific prizes are set forth in the contest summary.

NO PURCHASE NECESSARY
YOU MAY OBTAIN A COPY OF THE OFFICIAL RULES SUBMITTING A CONTACT REQUEST AT WWW.OPTIMAL.COM/CONTACT OR SENDING A STAMPED, SELF-ADDRESSED BUSINESS- SIZE ENVELOPE TO 123 LAKE STREET SOUTH, SUITE B-1, KIRKLAND, WA 98033 (ATTENTION: CONTESTS)

Prizes will be paid directly to the educational institution which the recipient is attending. Prize notifications returned as undeliverable or prizes otherwise not effectively claimed (by executing and submitting an Affidavit of Eligibility, and Release ) within 10 calendar days after delivery of prize notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges will be permitted. All taxes associated with the receipt or use of any prizes are the sole responsibility of the winner.

WINNER SELECTION & JUDGING

Entries will be reviewed by the Sponsor's judges. Judges will determine the winner based on the following criteria:

Criteria 1: Financial Need – 50 percent (50%)
Criteria 2: Academic Commitment – 25 percent (25%)
Criteria 3: Personal Circumstances – 25 percent (25%)

The potential winner will be selected by the judges on or about 7-10 business days following the contest deadline. All decisions of the judges are final and binding.

Rights to Use Likeness; Publicity Release

Except where prohibited by law, entry into the Contest constitutes permission to use your name, likeness and/or prize information, the name of the educational institution and your field of study, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, winners (and their parent or guardian, as applicable) will be required to execute a separate Affidavit of Eligibility and Release pursuant to which winners will consent to the use of their name, address, likeness and/or prize information, the name of the educational institution and your field of study, without limitation, for promotional purposes without further permission or compensation. In connection therewith, you waive all rights under personality, publicity, or privacy rights, including those arising under state or federal (e.g., FERPA) privacy, publicity, or personality statutes. All entrants and winners (and if the entrant or winner is a minor, the minor's parent or legal guardian) acknowledge that they have read these official rules and the Affidavit of Eligibility and Release, and accept the terms stated in these Official Rules and in the Affidavit of Eligibility and Release. By entering into the Contest you acknowledge and agree that Optimal may contact you, including via email.

General Release

By entering the contest, you (and, if you are a minor, your parents or legal guardians) release sponsor, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

OPTIMAL ENCOURAGES YOU TO OBEY ALL LAWS, RULES, REGULATIONS AND POLICIES IN PARTICIPATING IN THE CONTEST OR BEING INVOLVED IN THE OPTIMAL NETWORK.

Rights to Submit and Use Materials

Rights to Submit, Use, and Publicly Display Materials

You represent that you have the right to use any text, audio, video, audiovisual, html, links or other materials you submit as part of a contest application, and no part of the Content infringes upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party (including Optimal).

You understand and agree that your name and any entry materials you submit as part of the contest (including, but not limited to, essays and answers to questions) may be publicly displayed on one or more websites operated by Sponsor, and that your name and such entry materials may be viewed by and voted upon by users of Sponsor’s websites. By submitting your name and entry materials, you grant Sponsor the right to public display your name and such materials and make them available to be voted upon by users of Sponsor’s websites, and you waive all claims against Sponsor for infringement of rights of personality, publicity, and privacy, including those arising under state or federal statutes.

You fully assign to Optimal (to the extent such rights are vested in you) all copyrights and other intellectual property rights in any Content transmitted by you. If for some reason the foregoing assignment is ineffective, you grant to Optimal (and its contractors and service providers) a non-exclusive, worldwide, perpetual fully paid-up license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, and to distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. In any event, without limiting the foregoing, Optimal may freely exploit the Content without payment of any license fees to you or any third party, and may freely license this right to third parties.

You agree to indemnify and hold harmless Optimal from and against any and all claims, costs, losses, damages and expenses (including reasonable attorney's fees) incurred by Optimal arising out of or in connection the Content or based on Optimal's use of the Content (including but not limited to any third party claims based on violations of intellectual property rights or publicity or privacy rights).

Winners List; Rules Request

For one month after the contest winners are chosen, you will be able to view the winners list at the following URL: http://www.optimal.com/scholarships. To obtain a copy of these official rules, submit a request via http://www.optimal.com/contact, or send a stamped, self-addressed business-size envelope to: 123 Lake Street South, Suite B-1, Kirkland, WA 98033 (Attention: Contests). Residents of the State of Washington may omit return postage.

Copyright Notice

Choice of Law

The contest and these official rules shall in all respects be governed by the laws of the State of Washington without reference to its principles of conflicts of laws.

Arbitration; Venue

ANY DISPUTE REGARDING THE CONTEST IS EXCLUSIVELY SUBJECT TO ARBITRATION IN SEATTLE WASHINGTON, PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE CONTEST. SUCH CLAIMS ARE SUBJECT TO BINDING ARBITRATION (WITH ONE ARBITRATOR SITTING) IN SEATTLE, WASHINGTON, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU FURTHER WAIVE ANY OBJECTION TO VENUE IN SEATTLE, WASHINGTON, WHETHER SUCH OBJECTION IS BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, FORUM NON CONVENIENS OR THE LIKE. SEATTLE, WASHINGTON SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION TO RESOLVE ANY DISPUTES RELATING TO THE CONTEST AND YOU IRREVOCABLY SUBMIT TO JURISDICTION IN THE STATE OF WASHINGTON IN CONNECTION THEREWITH.

Miscellaneous

You agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to revise, suspend or cancel the Contest or your participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond sponsor's control affect the administration, security or proper administration of the Contest or if Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. You are subject to disqualification if you violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in sponsor's sole discretion). Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the contest. If you have any questions about these Official Rules or the Contest, please send written questions to 123 Lake Street South, Suite B-1, Kirkland, WA 98033 (Attention: Contests), or submit a request via http://www.optimal.com/contact.