1. ELIGIBILITY: The Klipsch 2018 Scholarship Program is open only to persons who, at the time of application submission, determination of winners, and award of Scholarship Prize, are:
(a) legal residents of the fifty (50) United States and the District of Columbia;
(b) eighteen (18) years of age or older; and
(c) either currently a high school senior in the United States or currently enrolled, full-time, at an accredited post-secondary institution of higher learning (e.g. college or university) in the United States.
Persons who are employees, officers, directors and agents of Klipsch and its related companies and members of their immediate families (defined as spouse, parents, siblings and children) and persons residing at the same address are not eligible to apply or win. Void where prohibited. This scholarship program is subject to all U. S. federal, state and local laws and regulations.
2. HOW TO ENTER: To enter, beginning (September 5, 2018), submit a complete scholarship application online at Klipsch’s Website (www.klipsch.com/scholarship) no later than (January 15, 2019). Limit one (1) Application per person. Application must include name and contact information, background details requested, academic details requested, and include Applicants’ Essay explaining in 700 words or less why Applicant believes that Applicant could be the next Paul W. Klipsch. No substitutions will be accepted once you have submitted your first original Application. Incomplete responses, responses inconsistent with the rules, and responses that are obscene, pornographic, libelous or otherwise objectionable will be disqualified. All Applications become the property of Klipsch and will not be returned. Klipsch assumes no responsibility for lost, late, misdirected, or unintelligible entries. By submitting an Application, you fully and unconditionally accept and agree to these Official Rules and the decisions of Klipsch, which are final and binding.
3. SELECTION OF POTENTIAL WINNERS:
Klipsch will judge eligible entries with an employee or employees that Klipsch selects in its discretion.
On or about (February 2019) Klipsch, will select one (1) 1st place winner, one (1) second place winner, and one (1) third place winner, each based on the criteria of: (a) style, including originality and creativity (20%), (b) content – including emotional impact and applicability to Paul W. Klipsch’s legacy (30%), (c) the extent to which the entry is well-written including maintaining accurate spelling and grammar (20%), and (d) the Applicant’s grade point average (GPA) in the Applicant’s most recent high school or college semester (30%).
Klipsch may refrain from issuing any Scholarship, or any prize level, if, in its sole discretion, it does not receive a sufficient number of qualified entries or if the judge(s) determine in their absolute discretion that no or too few entries meet the standards established.
The potential winner will be notified by e-mail and/or mail, at which time he/she will be required to sign further documentation as explained below. Klipsch shall have no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason. If the potential winner does not respond and execute the documentation required by Klipsch within the time-frame requested by Klipsch, such potential winner will have forfeited their opportunity to be a winner, in Klipsch’s discretion, and Klipsch may select a different winner (or no winner if no other potential winner is available).
All or part of the Prize-Winning Application, including the name of the winner, may be posted on Klipsch’s Website, in social media controlled by Klipsch, or used in other Klipsch marketing in any form, without further compensation or notice to the winner.
4. PRIZES: The 1st place winner will be awarded a Scholarship Prize in the amount of two thousand dollars ($2,000.00.) The 2nd place winner will be awarded a Scholarship Prize in the amount of one thousand five hundred dollars ($1,500.00). The 3rd place winner will be awarded a Scholarship Prize in the amount of one thousand dollars ($1,000.00).
The Scholarship Prize will be awarded in the form of a check made payable to the accredited post-secondary institution of higher education currently attended by the Scholarship Prize Recipient (or, if a high school senior, once the Scholarship Prize Recipient has enrolled in an accredited post-secondary institution of higher education and submitted proof of enrollment to Klipsch within no less than six (6) months from the conclusion of the contest).
Scholarship Prize Recipient must submit proof of enrollment.
Scholarship Prize may not be assigned, transferred, or changed, except at the sole discretion of Klipsch. No cash equivalent prize will be awarded.
The awarding of any Scholarship Prize is contingent upon full compliance with these Official Rules. Applicants agree to be bound by Official Rules and agree that if any Scholarship Prize Recipient fails to provide proof of identity, proof of enrollment, refuses to complete, sign, and return a required Affidavit of Eligibility and Release within fourteen (14) days of notification, refuses to complete and provide any requested tax forms in a timely manner in Klipsch’s discretion, is found to have violated the Official Rules or otherwise does not meet eligibility criteria, Scholarship Prize will be forfeited and another winner will be selected.
All expenses, including taxes (if any), on receipt and use of prizes are the sole responsibility of winners. Because the average retail value of any prize awarded will exceed $600, winners shall be required to supply their social security number or an Individual Taxpayer Identification Number for issuance of a 1099 tax form.
5. PRIVACY: By submitting an Application, you acknowledge that Klipsch and its related companies may also call and/or send you information it thinks may be of interest to you.
6. PUBLICITY: Except where prohibited, by accepting a Scholarship Prize, the Scholarship Prize Recipients agree that Klipsch may, without any limitation, time constraint or further compensation or notice, use his or her name, biographical information, voice and/or likeness (including without limitation photographs and video) in any and all media, worldwide, for the purpose of advertising and promoting the Website, Klipsch or any Klipsch product, the Scholarship Program, or any other promotion, contest or sweepstakes sponsored by Klipsch.
7. OWNERSHIP: By submitting an Application, you acknowledge and agree that: (a) Klipsch will own your Application, including your written response submission, and (b) as between you and Klipsch, Klipsch will own all publishing rights in and to the Application and the written response submission. Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to Klipsch, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Application and the written response submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”). Klipsch shall have the right, in its sole discretion, to edit, publish, copy, display, and otherwise use the application, including the essay and any information submitted during the application process, for any purpose which Klipsch deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights they may have in the Application and written response submission(s) submitted by him or her. Each Applicant hereby acknowledges that such Applicant does not reserve any rights in and to the Application and the written response submissions.
8. DISPUTE RESOLUTION: Except where prohibited, by participating, 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 and Klipsch and their agents shall be governed by and construed exclusively in accordance with the laws of the State of Indiana 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 the prizes, shall be filed only in the state or federal courts located in Marion County, Indiana and 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, 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 the Scholarship Prizes, 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. LIMITATION OF LIABILITY. By competing in this Contest and/or accepting a prize, entrants release Klipsch Group, Inc., its parent, subsidiary and affiliated companies, and their contractors, and each companies officers and employees, from and against any and all liability for any loss, harm, injuries, damages, costs or expenses arising from or relating to participation in the Contest or the acceptance, possession, or use of the Scholarship Prize, or for any typographical or other error in the printing of the offer, administration of the Scholarship Program or in the announcement or marketing of the Scholarship Prize. UNDER NO CIRCUMSTANCES SHALL THE AFOREMENTIONED RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES OR ANY OTHER DAMAGES.
10. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Scholarship Program represents and warrants to Klipsch as follows: (i) the Application, including the written response submission is the Applicant’s own original, previously unpublished, and previously unproduced work; (ii) the written response submission is wholly original with Applicant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the written response submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the written response submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each Applicant hereby agrees to indemnify and hold Klipsch harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Applicant hereunder.
11. FURTHER DOCUMENTATION: Except where prohibited, potential Scholarship Prize Recipients (or their parents or legal guardians if they are minors at the time of application) may be required to complete and return an Affidavit of Eligibility, Publicity/Liability Release, and/or Copyright Assignment within ten (10) days of notification or the Applicant with the Application with the next highest score will become an alternate potential Scholarship Prize Recipient. If notification to a potential Scholarship Prize Recipient is returned as undeliverable, the Applicant with the Application with the next highest score may become an alternate potential Scholarship Prize Recipient.
12. NO OBLIGATION TO USE. Klipsch shall have no obligation (express or implied) to use any winning Application, or to otherwise exploit a winning Application or continue the development, production, distribution or exploitation thereof, and Klipsch may at any time abandon the use of the winning Application for any reason, with or without legal justification or excuse, and the Scholarship Prize Recipients shall not be entitled to any damages or other relief by reason thereof.
13. IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Scholarship Program, each Applicant acknowledges and agrees that Klipsch, its related companies, affiliates, and each such company’s respective employees, officers, directors and agents 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 entries 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 prize, 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. Klipsch assumes no responsibility for any damage to an Applicant’s computer system which is occasioned by accessing the 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.
14. KLIPSCH’S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event Klipsch is prevented from continuing with the Scholarship Program by any event beyond its reasonable control, then Klipsch shall have the right in its sole discretion to modify, suspend, or terminate the Scholarship Program.
15. GENERAL PROVISIONS. Klipsch 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 Website, to be acting in violation of these Official Rules, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. 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 Klipsch to have been erroneously deleted, lost or destroyed, the entrant’s sole remedy shall be another Application, if time permits. Klipsch’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.
Please contact us if you have questions about the scholarship program rules.