Aspen University Essay Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
The Aspen University Essay Contest (the “Contest”) is sponsored by Aspen University Inc. (“Sponsor”). By entering the Contest, you agree to comply with and be bound by the Aspen University Essay Contest Official Contest Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Contest.
ELIGIBILITY: Only individuals who: (a) are legal U.S. residents or residents of the District of Columbia; (b) are eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) or older; and (c) completed their respective Aspen University degree program or are within six (6) credits of completion as of March 1st, 2020, are eligible to enter the Contest. This Contest is void in Puerto Rico and in all other locations where prohibited by law. Sponsor, members of the panel of judges (the “Contest Judges”), their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotional agencies and each of their respective officers, directors and employees (collectively, the “Contest Entities”), and the immediate family members and/or those living in the same household of the Contest Judges and/or any of the Contest Entities, are ineligible to enter the Contest or win a Prize (as defined below).
GENERAL TERMS: All applicable laws, rules and regulations apply. By entering the Contest, you agree to receive email messages from Sponsor in connection with your participation in the Contest. Except as contemplated in these Rules, personal information collected in connection with the Contest will be used in accordance with the Privacy Policy (“Privacy Policy”), featured on the Sponsor website located at www.aspen.edu (the “Site”). See “Privacy Statement” herein for detailed information concerning Sponsor’s Privacy Policy. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: Aspen University, Attn: Aspen University Essay Contest, 1660 S. Albion St., Suite 525, Denver, CO 80222.
LIMITED TIME ONLY: For purposes of these Rules, the Contest Period shall be the period beginning at 12:01:00 a.m. Eastern Standard Time (“EST”) on February 3rd, 2020 (“Contest Start Date”) and ending at 11:59:59 p.m. EST on March 1, 2020.
HOW TO ENTER:
(a) Entry Essay Submission. In order to enter the Contest, you must submit an Essay (“Entry Essay”) that meets all of the criteria set forth below via e-mail to graduation@aspen.edu (“Submission Email”) before 11:59:59 p.m. EST on March 1, 2020 (“Submission Deadline”). Any Entry Essays submitted after the Submission Deadline shall be discarded. The Submission Email must include the following correct and verifiable information for each entrant submitting an Entry Essay: (i) full name; and (ii) e-mail address (collectively, “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to win. Each entrant may only submit one (1) Entry Essay. If an entrant submits multiple Entry Essays, only one (1) Entry Essay will qualify for submission. Any and all additional Entry Essays that are submitted by the same individual will be discarded.
(b) Entry Essay Finalists. Within five (5) business days of the Submission Deadline, a panel of the Promotion Judges consisting of the Academic Advisors and Records Coordinators of Aspen University will select and notify up to ten (10) potential finalists from among all validly submitted Entry Essays (“Potential Finalists”) after evaluating all of the Entry Essays using the criteria set forth below. A panel of the Promotion Judges consisting of the Registrar, Assistant Director of Student Services and Senior Content Strategist of Aspen University will then promptly conduct video conferences with all Potential Finalists during which those Potential Finalists will read their respective Entry Essays aloud.
(c) Entry Essay Criteria. Entry Essays should describe the entrant’s educational journey, and how Aspen University assisted with that journey. Entry Essays should be clearly written, with careful attention to grammar, punctuation and organization. The Contest Judges will judge each Entry Essay based on creativity, grammar, punctuation, clarity of writing, emotional impact and overall quality, and will judge each Potential Finalist based on her/his performance reading her/his respective Entry Essays aloud. Entry Essays must be approximately six hundred (600) words in length. Entry Essays should be submitted as attachments to the Submission Emails, using one of the following formats/file types: .doc, .docx, .pdf. or .pages. Entrants should save a copy of each Entry Essay. Each Entry Essay must comply with all of the standards, conditions, restrictions and requirements set forth herein, and otherwise established by Sponsor in connection with the Contest (collectively, the “Policies”). Each entrant may only submit an Entry Essay that is the sole and exclusive product of that entrant’s original efforts, and entrants are not permitted to plagiarize, collaborate, consult, or in any way receive, any input, feedback or assistance from any other individual or entity. Each entrant must have all right, title and interest in and to the submitted Essay Entry necessary to grant Sponsor the right to receive and review such Entry Essay for purposes of the Contest.
(d) Proprietary Rights. Each entrant who submits an Entry Essay hereby irrevocably grants to Sponsor the worldwide right and license to use, reuse and publish the Entry Essay, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on Sponsor’s pages on applicable social media websites, in email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses. In addition to the other uses contemplated herein, the winning Entry Essays will be read aloud by the applicable entrants at the Aspen University graduation ceremony on May 2, 2020. Each entrant represents and warrants to Sponsor that: (i) such entrant is the only author of her/his Entry Essay; (ii) such entrant has all of the rights and authority necessary to submit the Entry Essay for the uses contemplated hereunder, including the right to publish the Entry Essay; and (iii) the submission of the Entry Essay by such entrant, as well as the publication of same by Sponsor as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each entrant who submits an Entry Essay understands and agrees that: (A) the Entry Essay, in whole or in part, may be edited and/or dramatized, and that any part of the Entry Essay may be used without compensation to such entrant; and (B) no Ad or other material incorporating or making reference to the Entry Essay need be submitted to such entrant for approval and Sponsor shall be without liability to such entrant for any distortion or illusionary effect resulting from its publication of the Entry Essay. Each entrant who posts an Entry Essay expressly: (I) releases Sponsor from any and all claims that such entrant has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Entry Essay, or any other use of the subject Entry Essay whatsoever; and (II) acknowledges and agrees that Sponsor shall not be liable for any causes of action or claims related to the applicable entrant’s decision to provide the Entry Essay to Sponsor.
(e) Entry Essay Content Guidelines. Each entrant represents and warrants that the Entry Essay she/he submits will not: (i) contain any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) contain any confidential information; (iii) contain any text that may be deemed lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or that is otherwise inappropriate or objectionable, as determined by Sponsor in its sole and absolute discretion; (iv) promote any activity that is unsafe, hazardous, dangerous or prohibited by law; and/or (v) reproduce in any way any copyrighted material, trademarks or other proprietary information.
(f) General Provisions. Sponsor reserves the right to reject any Entry Essay that it believes, in its sole and reasonable discretion, is fraudulent, is not the work product of the applicable entrant, is submitted without the permission of any applicable copyright holder, does not comply with these Rules and/or the Policies or is otherwise objectionable, improper or invalid in the sole and exclusive discretion of Sponsor. SPONSOR IS NOT RESPONSIBLE FOR ENTRY ESSAYS, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY ESSAY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A PRIZE.
IDENTIFICATION OF ENTRANTS: Each Entry Essay will be collected and stored in the Contest Database. For purposes of these Rules, the “Contest Database” is defined as the entire list of Entry Essays, collected during the Contest Period, with Entry Essays identified by their respective e-mail addresses. Sponsor will stop accepting entries at 11:59:59 p.m. EST on March 1, 2020.
HOW TO WIN A PRIZE: Within thirty (30) days of the conclusion of the Contest Period, the Contest Judges will select two (2) Prize-winning Entry Essays from among the Potential Finalists, and the entrants who submitted same will be deemed the potential Prize winners.
Potential Prize winners will be notified by e-mail within thirty (30) days of the end of the Contest Period. The potential Prize winners will be subject to eligibility verification. Each of the potential Prize winners will be required to execute an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return (or submit, where same is made available electronically) such Affidavit to Sponsor within thirty (30) days following attempted notification. Non-compliance within this time-period may result in forfeiture of the Prizes, with the Contest Judges selecting alternative potential Prize winners from the remaining Entry Essays; provided, however, that if Sponsor is unable to secure a properly executed Affidavit from any of the entrants that submitted Entry Essays, the Prizes shall not be awarded and no additional Prize winners shall be selected.
In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. Each Entry Essay will be deemed made by the person under whose e-mail address the Entry Essay was submitted, regardless of who actually submitted the Entry Essay. Be sure to use your own e-mail address. Each winning Entry Essay, as well as the associated information of the applicable potential Prize winner, must identically match the records maintained by Sponsor in order for the subject Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern.
PRIZE DESCRIPTION:
(a) Prize. Each Prize winner will receive a trip to Denver, CO, consisting of the following: (i) round-trip coach class airfare for each Prize winner and one (1) guest from the major U.S. airport nearest the Prize winner’s residence within the United States, to Denver, CO; and (ii) hotel accommodations for the Prize winner and one (1) guest (one (1) room, double occupancy) for two (2) nights (collectively, the “Prize”).
(b) Prize Terms and Conditions. The approximate retail value (“ARV”) of each Prize is One Thousand Five Dollars ($1,500.00). Prize winners will not receive the difference between the actual Prize value and the ARV. The specifics of all aforementioned elements of the Prizes shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Without limiting the foregoing, Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. Each Prize winner and her/his travel companion must travel the same itinerary, and on the dates and/or times, specified by Sponsor or the Prize will be forfeited in its entirety. Travel must be round trip. If, in the judgment of Sponsor, air travel is not required due to a Prize winner’s proximity to Denver, CO, ground transportation will be substituted for roundtrip air travel and the difference in value will not be awarded to that Prize winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Rules, as well as those established by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If a Prize winner is unable to utilize the Prize travel and/or accommodations during the applicable time period, that Prize winner shall forfeit the Prize in its entirety and an alternate winner may be selected, in Sponsor’s sole discretion. Meals, transportation to and from the airport, incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the responsibility of the Prize winner and guest, as applicable. Each Prize winner and her/his travel companion are solely responsible for obtaining any identification documents necessary for domestic travel. The travel companion selected by each Prize winner must be at least twenty-one (21) years of age or older, unless accompanied by her/his parent or legal guardian and may be required to sign a Liability Release. If a Prize winner’s travel companion fails to return such documents by the date and/or time indicated within such documents, then that Prize winner may forfeit the right to bring that travel companion.
WINNERS LIST: To receive a list of Prize winners, send a self addressed stamped envelope to: Aspen University, Attn: Aspen University Essay Contest, 1660 S. Albion St., Suite 525, Denver, CO 80222.
NO SUBSTITUTION OF WINNERS: No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion.
TAXES: Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize. Sponsor reserves the right to file a form 1099-MISC for the Prize winners.
ODDS OF WINNING A PRIZE: The odds of winning a Prize depend on the number of entrants that submitted Entry Essays, as well as the quality of the Entry Essays submitted, as determined by the Contest Judges.
PRIVACY STATEMENT: For a copy of the Privacy Policy, Click Here. To the extent that the Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Contest, these Rules shall take precedence.
PUBLICATION: Acceptance of a Prize constitutes the applicable Prize winner’s permission for Sponsor to use the Prize winner’s name, photograph, likeness, voice, biographical information, statements, Entry Essay and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
PROMOTION JUDGES: The Contest Judges shall consist of a panel of judges, comprised of Aspen University employees including, without limitation, Academic Advisors, Records Coordinators, the Registrar, the Assistant Director of Student Services and the Senior Content Strategist.
RELEASE: By entering the Contest, each entrant agrees to release and hold harmless Sponsor, the Contest Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents (collectively, “Released Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Contest including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Contest, these Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION: The Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Contest and/or the Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Contest, the Prizes, the terms and conditions of the Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Released Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if the Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Released Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Contest.
DISQUALIFICATION: The Released Parties shall not be responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Contest, to cancel any Prize won by that entrant and to demand the return of any Prize already provided to that entrant. In the event that any portion of the Contest is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Contest, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Contest or any part of the Contest, or any combination of the above. Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entry Essay submissions generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION: You agree to release, indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Contest; (b) your breach of the Rules, the Policies and/or any other applicable Sponsor agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Released Parties. Each of those individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING: Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies available against any offending individual or entity to the fullest extent permissible by law and in equity.