“Effective Date: 12/16/2022”
Terms and Conditions
By completing and submitting an application for our Social Media Scholarship, you are agreeing to the following terms and conditions.
Terms and Conditions
You (the “applicant”) are applying to the BattlePACs Scholarship (the “Application”). Your application requires that you agree to the terms and conditions set out below. Please be sure to review the terms and conditions carefully. By submitting your application, you also confirm that you have read and understand the terms of the Agreement.
Once accepted, a signed copy of this Application will be made available on request.
The applicant warrants that they meet eligibility requirements for entry as they meet the following criteria:
2. Conditions for Successful Applicant
If selected as the successful applicant, you agree to be publicly acknowledged as a BattlePACs ambassador on social media and other media.
You agree that if selected, this ambassadorship will involve the following actions on your part over a 12 month period from receipt of the scholarship:
3. Social Media Tasks for applicants
BattlePACs applicants must complete social media tasks to be performed by the Applicant (the “tasks”) as stated in the application form.
Tasks shall be performed in a manner consistent with the core values of the United States Constitution, and the values of BattlePACs including but not limited to a commitment to:
4. Legal Compliance.
4.1 The applicant represents that all of the information they provide to BattlePACs in any application or any required form is accurate and complete.
4.2 The applicant represents and warrants that tasks performed in order to apply for BattlePACs will not breach or conflict with any agreement to which applicant is a party or any contractual obligation applicant owes to a third party.
4.3 The applicant shall observe and comply with all applicable laws, regulations, ordinances, and codes of governmental entities relating to the completion of the required tasks, including, for example, regulations in place on the social media platforms any content is published on.
4.4 Additionally, the applicant represents and warrants that the applicant is not subject to any contractual obligations that interfere with or prohibit the applicant’s proper performance of the tasks or participation in the program.
5. Third-Party Rights.
5.1 The applicant warrants that they are the sole author of the social media content submitted as part of the application, and that this content does not infringe on the intellectual property rights of any third party.
5.2 The applicant warrants that they will not use any third-party materials or otherwise infringe any third-party property right of any kind in the performance of the tasks.
5.3 The applicant will not disclose any third-party confidential information to the public in performing the Scholarship tasks.
6. Contracting Party and Governing Law.
This Agreement will be governed exclusively by the laws of the State of Wyoming, without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. Additionally, the provisions of Section 10 (Arbitration) below will apply to applicants.
7. YOUR CONTROLS.
7.1 Exclusive Use of Arbitration. You may update certain account profile information by logging into your account.
Access to your device data. You may disconnect our mobile app’s access to certain stored device information through your device’s settings. For instance, you can withdraw permission for the app to access your contact list or photo gallery.
How to control your communications preferences. The applicant and BattlePACs mutually agree to resolve any disputes exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and will apply to any and all claims arising out of or relating to the tasks, the Requirements, this Agreement, the nature of the relationship between applicant and BattlePACs and all other aspects of applicant’s relationship with BattlePACs whether arising under federal, state or local statutory or common law. The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, other than Sections 7.2 and 7.3 below relating to the Class Action Waiver or Representative Action Waiver. applicant acknowledges this means such disputes will not be resolved by a court or jury trial.
7.2 Class Action Waiver. Applicant and BattlePACs mutually agree that by agreeing to arbitrate any dispute, each waives its right to have any dispute or claim brought, heard or arbitrated as a class action or collective action and that the arbitrator will not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”).
7.3 Representative Action Waiver. The applicant and BattlePACs mutually agree that by agreeing to arbitrate, each waives its right to have any dispute or claim brought, heard or arbitrated as a representative action and that the arbitrator will not have any authority to arbitrate a representative action (“Representative Action Waiver ”).
8. Advice of Counsel.
The Applicant has the right to consult with private counsel of their choice with respect to any aspect of, or any claim that may be subject to, this application, including the arbitration provision.
The applicant agrees that the winner will be chosen by BattlePACs based on the following criteria:
The applicant agrees that the final decision regarding the scholarship winner/s will be made by BattlePACs. That decision will be final and will not be open to appeal.
10. One Application per round
Each student can only apply once per scholarship round. Previous scholarship winners will be eligible to win no more than one scholarship in a calendar year. Scholarship winners are encouraged to continue submitting content over the course of the calendar year as all content submissions are taken into consideration when choosing scholarship winners over subsequent years.
11. Use of Application Content
By submitting an application for the Voices of America scholarship, or by performing social media tasks in response to application requirements for the scholarship on social media, or in the course of attending an engagement session or other event hosted by BattlePACs, you hereby grant BattlePACs permission to use that information that you provide or share for any purpose, including but not limited to promotional and fundraising activities for BattlePACs. You understand that this information may be used in a variety of formats, including video, print and online materials, and that it may be shared with third parties. You waive any right to review or approve the use of your information, and you release the scholarship provider from any liability for the use of your information.
12. Changes to these terms
The Terms and Conditions may change over time, and when we update them, we will revise the “Effective Date” above and post the new Policy. If we make any material changes to these terms, we will endeavor to provide you with notice in advance of such change by prominently posting a notice on the Site or sending you a notification by email if you have provided us with your email address. To stay informed of our privacy practices, we recommend you review the Policy on a regular basis as you continue to use our Services.