OFFICIAL RULES

In HER Element Scholarship

 

This scholarship opportunity is administered by The Disruptive Element, a Minnesota limited liability company (“TDE”). By applying, you fully and unconditionally agree to abide by these Official Rules. VOID WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY TO APPLY.

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WHO MAY APPLY: Eligible applicants must (i) identify as female, (ii) be 18 years or older at the time of entry, (iii) be a legal resident of the United States or District of Columbia, and (iv) be able to access Zoom, participate remotely and demonstrate that they are willing and able to commit to the Program for the entire duration. Employees, officers, and directors of TDE and each of their immediate family members are not eligible to apply. Void where prohibited by law including, without limitation, residents of Florida, Arizona, and New York.

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HOW TO APPLY: To apply, eligible applicants must fully and accurately complete and submit the applicable form located on TDE’s website.

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APPLICATION PERIOD: Eligible applications must be submitted and received during the period, which begins at 12:01 am on April 3, 2023 and ends at 11:59 pm on April 28, 2023 (the “Application Period”). Only one application per individual. Applications received before or after the Application Period shall not be considered. TDE reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation, as established by TDE.

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SELECTION AND NOTIFICATION: On or around May 22, 2023, one (1) recipient may be selected by TDE to receive the Scholarship from the eligible submissions (the “Recipient”). TDE will utilize the contact information submitted by participant through the form. If you fail to respond and confirm you are willing to commit to the entire Program within forty- eight (48) hours of being notified, you waive any rights to the Scholarship and TDE may select another Recipient using the same process set forth herein.

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Eligible submissions will be evaluated by TDE based upon (i) your ability to convey why you want to participate in the Fall 2023 In HER Element program (the “Program”), (ii) your ability to demonstrate how your journey and future goals would be positively impacted by participating in the Program, (iii) the creativity of your submission (e.g. videos, documents, etc.), and (iv) your willingness to participate in the entire Program and demonstration that your schedule can accommodate the commitment. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE DECISION TO GRANT THE SCHOLARSHIP WILL BE MADE IN TDE’S SOLE DISCRETION AND TDE IS UNDER NO OBLIGATION TO GRANT THE SCHOLARSHIP IF IT DEEMS THAT NO APPLICANT MEETS THE REQUISITE CRITERIA.

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SCHOLARSHIP & TERMS: The Recipient would receive access the Program at no charge (the “Scholarship”). The cost for the Program would otherwise be $6,500.00 USD. The Scholarship may only be utilized for the Fall 2023 In HER Element program and may not be assigned, transferred, changed, returned or redeemed for cash or another product or service. Any additional costs incurred in connection with, or otherwise required to participate in, the Program are your sole responsibility (e.g., equipment, Zoom membership, writing materials, etc.). Failure to enroll in the Fall 2023 program shall result in forfeiture of the Scholarship. If the Recipient acknowledges but fails to redeem the Scholarship and enroll in the Program, TDE is under no obligation to select another Recipient. As a condition of accepting the Scholarship, the Recipient must return an executed and completed W-9 form to TDE.

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RELEASE AND PUBLICITY. BY AGREEING TO RECEIVE THE SCHOLARSHIP, THE RECIPIENT CONSENTS TO THE USE OF HER NAME AND LIKENESS BY TDE FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED. This will include inclusion in a “She’s In HER Element” story. TDE may also require the Recipient to sign and return an affidavit of eligibility and liability and release, wherever lawful, as a precondition to receiving the Scholarship. If the Recipient fails to sign and return the requested documents, the Recipient may be disqualified, and the Scholarship may be awarded to another Recipient.

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RESERVATION OF RIGHTS. TDE reserves the right, in its sole discretion, to cancel or suspend this scholarship promotion should causes beyond TDE’s control, which, in the sole opinion of TDE, corrupt, compromise or materially affect the administration thereof. TDE shall have sole authority to interpret these Official Rules and make determinations with respect to this scholarship promotion, which shall be deemed final in all respects.

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DISCLAIMER. EXCEPT AS OTHERWISE SET FORTH HEREIN, ALL SCHOLARSHIPS AND THE PROGRAM IS PROVIDED “AS IS”. TDE DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) WITH REGARD TO THE SCHOLARSHIP, PROGRAM OR SERVICES IN CONNECTION THEREWITH. TDE assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected submissions (including, without limitation, notices that go to spam/junk folders), technical, hardware, software, electronic or telephone failures of any kind, lost or unavailable network connections, fraudulent, incomplete, garbled or delayed computer transmissions whether caused by TDE, the users, or by any of the equipment or programming associated with or utilized in in connection with this scholarship promotion, or by any technical or human error that may occur in the processing of submissions.

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LIABILITY. TDE IS NOT LIABLE FOR ANY LOSS, INJURY OR DAMAGE CAUSED, WHETHER DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM APPLYING OR PARTICIPATING IN THE PROGRAM. IN NO EVENT SHALL TDE NOR ANY TDE PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SCHOLARSHIP, THE APPLICATION PROCESS OR THE PROGRAM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS PROFITS, INTEREST OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED, NOT TO EXCEED THE VALUE OF THE SCHOLARSHIP. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT.

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INDEMNIFICATION. BY APPLYING AND PARTICIPATING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TDE, ITS AFFILIATES, AND THEIR MANAGERS, GOVERNORS, MEMBERS, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “TDE PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, SUITS, ACTIONS, OBLIGATIONS, FINES, DAMAGES, JUDGMENTS, PENALTIES, CLAIMS, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THE APPLICATION PROCESS, RECIEPT OF THE SCHOLARSHIP OR PARTICIPATING IN THE PROGRAM.

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PRIVACY. Information submitted with an entry form will be subject to TDE’s Privacy Policy located here: https://www.thedisruptiveelement.com/terms-privacy. By applying, you acknowledge that you have carefully reviewed TDE’s Privacy Policy. For the avoidance of doubt notwithstanding anything to the contrary, by entering a submission form, you hereby agree to receive information, solicitations, and other advertising material from TDE.

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TAX. Any applicable federal, state or local taxes are the sole responsibility of the Recipient. The determination of tax liability that may arise out of the applying, receipt of the Scholarship or participation in the Program at no cost, and the payment of any such tax liability, shall be the sole responsibility of the Recipient. However, should federal, state and/or local law impose any tax reporting or filing obligations on TDE arising out of your involvement in the Program (including receipt of the Scholarship), you agree to timely provide TDE with any information that is reasonably necessary for TDE to comply with such obligations. In addition, should federal, state or local law impose any tax withholding obligation on TDE with respect to the Recipient’s participating in the Program at no cost, participant agrees to such withholding and shall timely provide any information to TDE as may be required for TDE to accomplish such withholding.

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GOVERNING LAW: You agree that these Official Rules shall be governed by, construed and enforced according to the laws of the state of Minnesota, without regard to its conflict or choice of law principles. Any action arising out of or relating to this scholarship promotion shall be brought individually, without resorting to any form of class action, and only in the state or federal courts of Minnesota, and you expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same, including any objection based on forum non conveniens.

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RESULTS AND OFFICIAL RULES. To obtain the identity of the Recipient, if any, and/or a copy of these Official Rules, please send the request by mail to

The Disruptive Element, LLC, Attn: Paula Winkler, 7900 International Drive, Suite 300, Bloomington, Minnesota 55425.