Garden of Dreams Scholarship Official Rules for the 2023 Inspire Scholarship Program (“Official Rules”)

(Scholarships awarded in connection with the 2023-2024 academic year)

1. ELIGIBILITY: This 2023 Inspire scholarship program (the “Scholarship Program”) is sponsored by the Garden of Dreams Foundation (“GDF”) and is open to high school seniors who are affiliated with a GDF partner organization. Each applicant must be a legal resident of one of the fifty (50) United States or the District of Columbia. Each applicant must be seventeen (17) years of age to twenty-one (21) years of age at the time of application and enrolling no later than the 2023-2024 academic year in an accredited post-secondary institution of higher learning (college, university or trade school). Each applicant must have a minimum cumulative grade point average of 3.0 on a 4.0 scale (or its equivalent) or can provide official documentation supporting a learning need. Each applicant must be in good academic standing throughout the duration of his/her senior year. If any applicant is a minor, such applicant must have the permission of his/her parent and/or legal guardian prior to submitting an Application (as defined below).

2. HOW TO ENTER: To enter, beginning January 30, 2023, submit a complete scholarship application (the “Application”) online  at https://www.myscholarship.app/garden-of-dreams-inspire-scholarship (the “GDF Website”) by no later than February 26, 2023, at 11:59 pm Eastern Time. Limit one (1) Application per person. The Application must include applicant’s name and contact information, as well as certain background details, academic details, and a short original, previously unpublished written response to each of the following topics (each such written response to a topic, a “Written Response”): “How has the Garden of Dreams Foundation made an impact on your life?”; and “How do you feel the Garden of Dreams Inspire Scholarship would impact/change your educational aspirations and/or school choice?”; and “Tell us about your educational and career goals and objectives”; and “Please describe how and when any unusual family or personal circumstances have affected your achievement in school, work experience, or your participation in school and community activities”; and “Tell us about your attendance and involvement in Garden of Dreams related activities, programs, and events (examples include, but are not limited to: Talent Show, MSG4ME, MSG Classroom, and wish fulfillment experiences). For each activity, indicate the years of participation.” As part of your Application you must also provide a copy of your high school transcript as of or about the date of your Application and a letter of recommendation from a representative of a GDF partner organization on such GDF partner organization’s letterhead. Your Written Responses must be written in English. Each Written Response must not exceed five hundred (500) words. No substitutions of new drafts or corrected pages will be accepted once you have submitted your original Application. All information provided as part of an Application must be truthful, accurate, and verifiable. If any Written Response contains material that is obscene, pornographic, libelous, racially or morally offensive or otherwise objectionable, fails to meet GDF’s standards for any reason, or does not comply with these Official Rules, each as determined by GDF in its sole discretion, such Written Response (and the related Application) may be rejected as ineligible for consideration and/or disqualified.

All Applications become the property of GDF and will not be returned. All Applications must be submitted and received by GDF and/or its representative(s) by February 26, 2023 at 11:59 pm Eastern Time. GDF’s computers shall be the official timekeeper for all matters related to Scholarship Program. Multiple Applications received from any person beyond the limits stated herein will void all such additional Applications. Applications generated by a script, macro, or other automated means will be disqualified.  Applications that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.  By submitting an Application, you fully and unconditionally accept and agree to these Official Rules and to waive any right to claim any ambiguity or error therein or in the Scholarship Program itself, and to be bound by all the decisions of GDF in connection with the Scholarship Program, which such decisions are final and binding.

3. SELECTION OF POTENTIAL WINNERS:  On or about April 14, 2023, a qualified panel of judges will review the eligible Applications received and select fifteen (15) potential scholarship recipients (“Scholarship Recipients”) based on the following criteria: (1) GDF participation (30%); (2) unusual personal or family circumstances (20%); (3) statement of career and educational goals and objectives (15%); (4) academic performance (15%); (5) demonstrated leadership (10%): (6) school/community activities and/or work experience (5%); and (7) recommendation (5%).  In the event of a tie, the tied Applications will be review and judged, using the above selection criteria, by a subcommittee of selected GDF leadership to select the potential Scholarship Recipient(s). The potential Scholarship Recipients will be notified by e-mail, at which time each such potential Scholarship Recipient will be required to sign a scholarship agreement that lays out the mutual rights and responsibilities between GDF and the Scholarship Recipient (the “Scholarship Agreement”), an affidavit of eligibility and publicity/liability release, and any further documentation as requested by GDF and/or its representative(s) within the time period specified in the potential Scholarship Recipient notification. Released Parties (as defined below) shall have no liability for any potential Scholarship Recipient notification that is lost, intercepted or not received by the potential Scholarship Recipient for any reason. GDF reserves the right to choose fewer than fifteen (15), or no, Scholarship Recipients, or to extend the Application submission deadline, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications. Each potential Scholarship Recipient must comply with all terms and conditions of these Official Rules and fulfill all requirements of GDF and/or its representative(s). Each potential Scholarship Recipient is subject to verification of applicant eligibility and all information submitted as part of an Application. If the potential Scholarship Recipient notification is returned as undelivered, the potential Scholarship Recipient cannot be contacted or fails to sign and return the Scholarship Agreement and/or any other requested documentation within the required time period, or the potential Scholarship Recipient is not in compliance with these Official Rules, such potential Scholarship Recipient may be disqualified and forfeits the Scholarship (as defined below). If a potential Scholarship Recipient is disqualified for any reason, at GDF’s discretion and time permitting, an alternate potential Scholarship Recipient may be selected from among all eligible remaining Applications based on the above selection criteria.

4. PRIZES: There will be fifteen (15) scholarships awarded, each in the amount of fifteen thousand dollars and zero cents ($15,000.00) (each, a “Scholarship”). Each Scholarship Recipient will be awarded one (1) Scholarship. Each awarded Scholarship may be renewed for up to three (3) years, subject to the terms and conditions of the Scholarship Agreement. The Scholarship will be awarded in the form of an ACH or check payment made payable directly to the accredited post-secondary institution of higher education attended by the Scholarship Recipient (once the Scholarship Recipient has enrolled in an accredited post-secondary institution of higher education and submitted proof of enrollment as directed by, and which is acceptable to, GDF and/or its representative(s) in their sole discretion. Scholarship Recipient must submit acceptable proof of enrollment on or before May 6, 2023. Scholarship may not be assigned, transferred, or changed, except at the sole discretion of GDF. Scholarship may be used for education-related expenses that can be invoiced through the institution of higher education, which may include tuition, housing, and meal plans, as determined by GDF. No cash equivalent prize will be awarded. The awarding of any Scholarship is contingent upon full compliance with these Official Rules. Scholarship is subject to additional terms and conditions, including, without limitation, the Scholarship Agreement. Restrictions may apply. Scholarship Recipients will be responsible for all federal, state and local taxes and fees and other costs and expenses associated with Scholarship receipt and/or use that are not expressly included in the Scholarship description. Scholarship Recipients will be issued an Internal Revenue Service Form 1099. All Scholarship details are at GDF’s discretion.

5. PRIVACY: Any personal information collected and/or provided in connection with this Scholarship Program shall be used by GDF in accordance with its Privacy Policy, which can be viewed at https://www.gardenofdreamsfoundation.org/wp-content/uploads/2021/04/Garden-of-Dreams-Privacy-Policy-2021-2.pdf. By submitting an Application, each applicant also acknowledges that Unigo , Inc.’s privacy policy may also apply at https://www.unigo.com/aboutus/privacy.

6. PUBLICITY: Except where prohibited, participation in the Scholarship Program (including the submission of an Application) constitutes each applicant’s and Scholarship Recipient’s consent for GDF, its respective parents, subsidiaries, related companies, and affiliates, and their designees, licensees, successors, and assigns, to use his/her name, likeness, photograph, voice, and biographical information for advertising and promotional purposes, in any manner, in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.

7. OWNERSHIP: By submitting an Application, you acknowledge and agree that: (a) GDF will own your Application, including, without limitation, your Written Responses contained therein, and (b) as between you and GDF, GDF will own all publishing rights in and to the Application, including, without limitation, the Written Responses contained therein. Without limiting the foregoing, by submitting an Application, you grant GDF the non-exclusive, royalty-free, fully-transferrable, fully-sublicensable, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Application, including, without limitation, the Written Reponses contained therein, and to incorporate the Application, including, without limitation, the Written Reponses contained therein, in other works in any and all markets and media worldwide in perpetuity.

8. DISPUTE RESOLUTION: Except where prohibited, by participating, each applicant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants,  GDF, and/or its representative(s), shall be governed by and construed exclusively in accordance with the laws of the state of New York without giving effect to any principles of conflicts of law of any jurisdiction. Applicant agrees that any action at law or in equity arising out of or relating to this Scholarship Program, or awarding of any Scholarship, shall be filed only in the state or federal courts located in the state of New York, and each applicant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Scholarship Program, each applicant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Scholarship Program, or awarding of any Scholarship, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Scholarship Program but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each applicant who participates in this Scholarship Program represents and warrants to as follows: (i) the Application, including the Written Responses contained therein, is the applicant’s own original, previously unpublished, and previously unproduced work; (ii) each Written Response is wholly original to applicant and, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) each Written Response neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) each Written Response submission does not and will not violate any applicable laws, and is in compliance with all terms and conditions of these Official Rules. Each applicant hereby agrees to indemnify and hold GDF, Unigo, Inc., and their respective parents, subsidiaries, related companies, and affiliates, and their respective members, officers, directors, employees, and agents, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any acts, omissions to act, breach or alleged breach of any of the warranties, representations or agreements of applicant hereunder.

10. NO OBLIGATION TO USE. GDF shall have no obligation (express or implied) to use any Application, or to otherwise exploit an Application, or continue the development, production, distribution or exploitation thereof, and GDF may at any time abandon the use of Application for any reason, with or without legal justification or excuse, and the applicable Scholarship Recipient(s) shall not be entitled to any damages or other relief by reason thereof.

11. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Scholarship Program, each Applicant acknowledges and agrees that GDF, Unigo, Inc., and their respective parents, subsidiaries, related companies, and affiliates, and each such company’s respective employees, officers, directors, members, and agents (collectively, the “Released Parties”) are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible Applications or for failure to receive Applications due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an applicant’s ability to participate in the Scholarship Program; or (ii) 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, 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 the applicant’s rights of publicity or privacy, or the applicant’s claim that he or she has somehow been defamed or portrayed in a false light. The Released Parties assume no responsibility for any damage to an applicant’s computer system which is occasioned by accessing the GDF Website or participating in the Scholarship Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This Scholarship Program is subject to all U. S. federal, state and local laws and regulations. Void where prohibited.

12. SPONSOR’S RIGHT TO MODIFY, SUSPEND OR TERMINATE. GDF reserves the right to cancel, modify, or suspend the Scholarship Program or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). Without limiting the foregoing, GDF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Scholarship Program.

13. GENERAL PROVISIONS. GDF reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Application process or the operation of the Scholarship Program or the GDF Website, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. Without limiting the foregoing, GDF reserves the right in its sole discretion to disqualify an individual who, at any time period, including, without limitation, after an applicant has identified as a Scholarship Recipient, fails to comply with these Official Rules or the terms and conditions of the Scholarship Agreement, or otherwise fails to meet GDF’s standards for any reason, as determined by GDF in its sole discretion. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If an Application is confirmed by GDF or its representative(s) to have been erroneously deleted, lost or destroyed, the applicant’s sole remedy shall be to submit another Application, if time permits. The failure of GDF or its representative(s) to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of GDF or its representative(s) (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.  GDF’s and/or its representative(s)’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.

14. LIST OF SCHOLARSHIP RECIPIENTS: The names of the Scholarship Recipients of this Scholarship Program may be posted to one or more of GDF’s social media and/or digital accounts after the Scholarship Recipients have been notified.