Goal Getter Scholarship Official Rules
- Disclosure: No purchase or payment necessary to enter or win. Void where prohibited. A purchase will not increase your chances of winning. When you apply for the scholarship you are agreeing to and accepting these official rules and agree to the requirements and conditions of your scholarship.
- Promotion Period: For the 2021 Academic year Promotion Period begins at 7:00 a.m. Central Time (CT) on February 11th, 2021 and ends at 11:59 p.m. CT on April 30th, 2021 (the “Promotion Period”). The clock on the Sponsor’s server shall be the official time keeping device for this Promotion. All time referenced in connection with the Promotion is Central Time. Entrants are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
- Sponsor: CURO Financial Technologies Corp. Administrator: Verge Credit, 3615 N. Ridge Rd., Wichita, KS 67205.
- Eligibility: The Verge Credit Scholarship is open to any high school senior or current undergraduate or graduate student who is enrolled or will be enrolled in a 2- or 4- year public or private college or university, graduate school, vocational or trade school located in the United States or its territories. All other entries will be disqualified
Any successful applicant will be required to show proof that they are enrolled as a fulltime student at an accredited college, university, vocational or trade school, commencing studies for the Fall 2021 semester. Applicants who are not enrolled/accepted at a recognized accredited institution within the time specified, have insufficient GPA, or otherwise do not meet the eligibility criteria, the terms of these Official Rules and any other written requirements, will be disqualified and ineligible to receive a scholarship.
All students offered scholarships will receive an official “offer” email offering the funds, and must reply by either accepting or rejecting this within 14 days of receipt. Failure to respond within this 14-day period may results in the scholarship being withdrawn and reassigned. You must accept your scholarship offer by the due date, as instructed in your offer email, to be eligible to receive payment.
Scholarships are awarded based on the established eligibility criteria. You must meet the eligibility requirements to receive your scholarship payment. The eligibility requirements are as follows:
- At least 18 years of age.
- On-track to apply for (pending receipt of a high school diploma or G.E.D. equivalent) or are currently enrolled in an accredited post-high school/post-secondary educational program (including accredited two- and four-year colleges, universities, graduate schools, vocational, technical, and trade schools) based in the United States or its territories.
- Have a minimum 3.0 cumulative GPA on a 4.0 scale (or equivalent) for high school students, OR a minimum 2.5 cumulative GPA on a 4.0 scale (or equivalent) for undergraduate and graduate students.
Sponsor will grant the scholarship to the applicants we deem most qualified. Funds will be distributed directly to the college or university via check or ACH.
Open to legal residents in 49 United States and the District of Columbia (excluding Puerto Rico and California), who are at least 18 years at time of entry.
CURO Financial Technologies Corp (“Sponsor”) employees, officers and directors of Sponsor or Administrator and their respective related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each are not eligible to enter. Stride Bank, N.A. employees, officers and directors and their respective related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each are not eligible to enter. Employee of its division, affiliates, subsidiaries, promotional or marketing agencies and their immediate family members (spouse, children, parents and siblings) and persons living in family member homes are not eligible for the Verge Credit scholarship.
Stride Bank, N.A. employees, officers and directors and their respective related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each are not eligible to enter. Employee of its division, affiliates, subsidiaries, promotional or marketing agencies and their immediate family members (spouse, children, parents and siblings) and persons living in family member homes are not eligible for the Verge Credit scholarship.
Participation constitutes entrant’s full and unconditional acceptance of these Official Rules and Sponsor’s decisions, which are final. Participation in the Verge Credit Scholarship Contest constitutes the entrant’s full and unconditional agreement to, and acceptance of the Official Rules and any terms or conditions contained in the application or on the Sponsor’s website. Winning a scholarship is contingent upon fulfilling all requirements set forth in the application, Official Rules, including granting to Sponsor ownership of the entry application and perpetual, unlimited, worldwide license and right to publish, use, publicly perform, adapt, edit, and/or modify the entry in any way, in any and all media, without limitation, and without further consideration to, or consent from, the winner.
- How to Apply: In order to participate in the scholarship, all prospective students must complete a submission during the Promotion Period by visiting www.VergeCredit.com/scholarship/apply (the “Website”) and completing the application form in its entirety, including:
- Completing the online scholarship application.
- Submitting a video about what makes you a goal getter, 30 seconds to 2 minutes in length. We accept the following file types: mp4, m4a, m4v, f4v, f4a, mkv, m4b, m4r, f4b, mov, 3gp, 3gp2, 3g2, 3gpp, 3gpp2,ogg, oga, ogv, ogx,wmv, wma, webm, or avi. It can't exceed 100 MB.
- Uploading current academic transcripts, or emailing to Scholarship@VergeCredit.com. Official or unofficial copies accepted. Must display student name, school name, grades, and credit hours for each course and term in which each course was taken.
- Uploading a recommendation letter from a teacher, coach, co-worker, mentor, school administrator or counselor. Reference cannot be related to you.
- Submitting all application materials outlined above by the application deadline.
All entries and videos must be in English. Only Entries received during the Promotion Period will be eligible for the Scholarship. Entries that do not meet the requirements set forth in these Terms and Conditions will be disqualified. All Entries must be received by 11:59 p.m. CT on April 30th, 2021 in order to be eligible. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple email accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified from the Scholarship. Use of any automated system to participate is prohibited and will result in disqualification.
Sponsor is not responsible for late, incomplete, unintelligible, or invalid applications, which will be disqualified. Only one (1) application per person, application received in excess of the stated limitation will be void.
- Value: The scholarship consists of a five (5) winners, each receiving a scholarship of $2,000. The total value of the scholarship is $2,000 each.
- Winner: Winners will be notified via email in July 2021 and will be required to complete and return all required documents within fourteen (14) days of notification attempt or potential winner may be disqualified and an alternate potential winner may be selected, time permitting. If the Declaration Package is returned as undeliverable, if any portion of the Declaration Package is not received within the required time period, or if a potential winner is deemed ineligible, said winner will be disqualified and an alternate will be determined (as outlined above), time permitting.
All eligible applications will be scored. The 5 entries with the highest overall score that meet all of the eligibility requirements will be determined the winners. Potential winners of scholarship will be notified via e-mail directly messaged by Verge Credit.
- Publicity Release: By entering for and/or accepting a scholarship, entrants and winners give Sponsor (and its affiliated companies, and their respective authorized representatives), permission to use their name, likeness, image, voice, photographs, video recordings, audio recordings, digital images, biographical information (including hometown), and any statements (written or oral) made by them regarding the Verge Credit Scholarship Contest (the “Content”) for promotional, advertising and other business purposes in any form of media. Entrant and winners further agree that Sponsor will own all rights to the Content (including any intellectual property rights thereto), and waive any rights of publicity, rights of privacy, intellectual property rights or other legal rights that might preclude Sponsor’s ownership or use of the Content. Entrants and winners acknowledge and agree that they have no right to review or approve the Content before it is used by Sponsor, and that Sponsor has no liability to them for editing or alteration of the Content, use of the Content, or Sponsor’s presentation of them, and that Sponsor has no obligation to create or use the Content or exercise any rights given by this agreement.
- Rights: All applicants/entrants must own all rights in the entry and have the right to grant to Sponsor a license to use the entry (including any material embodied in the entry). The entry application cannot infringe on any trademarks, logos, copyrighted works, trade dress, or any intellectual property owned by others (including music, art, photography, or any of the same published on or in websites, television, movies, or other media of any type or kind).
- General Rules: Sponsor reserves the right to cancel the Scholarship at any time, including but not limited to, the number of available scholarships, deadlines, requirements and/or scholarship amounts. You are encouraged to consult with your school's financial aid office or with your personal or family advisor to determine whether any portion of your Scholarship is taxable income that needs to be reported to the Internal Revenue Service. Whether or not reporting is required or any tax will be owed will depend upon the unique facts and circumstances of a Scholar's individual financial situation and/or certain aspects of the Scholar's program of study and/or his or her institution's requirements.
These general rules are subject to change. Should the applicant have any grievances or complaints you may lodge complaints about application and/or administrative matters to: Scholarship@VergeCredit.com
Where permitted by law, entrants grant to Sponsor, and those acting pursuant to Sponsor's permission, the right at any time to utilize their entrant information for advertising, trade and promotional purposes without additional consideration, and without review, notice or approval. Sponsor and/or Administrator reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the scholarship program (b) acting in violation of these Official Rules; (c) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. The entry application cannot be sexually explicit or suggestive, unnecessarily violent, or derogatory of any ethnic, racial, gender, religious, nationality, professional or age group, profane or pornographic, contain nudity, reflect any materially dangerous activity, or have any inappropriate content, including by way of example and not by way of limitation, the promotion of alcohol, illegal drugs, gambling, references to tobacco use or vaping, firearms/weapons (or the use thereof), or any activities that may appear unsafe or dangerous, or any particular political agenda or message. The entry application cannot be offensive, defamatory, libelous, threatening, harassing or endorse any form of hate or hate group. The entry application cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products or other people, products or companies.
In the event of noncompliance of these Official Rules, if an entrant is or becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified that scholarship will be forfeited in its entirety and an alternate potential winner may be selected for the scholarship. In the event that no eligible entries are received, that prize will NOT be awarded. Prize or prize notifications that are declined, unclaimed, returned, unresponsive, untimely, and undeliverable, misdirected (including into spam or junk folders), unredeemed or otherwise, will be forfeited and will be re-awarded.
- LIMITATION OF LIABILITY: BY PARTICIPATING IN THE Verge Credit SCHOLARSHIP, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR AND ADMINISTRATOR, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR AND ADMINISTRATOR AND EACH OF THEIR PARENTS, AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE SCHOLARSHIP OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE SCHOLARSHIP THAT MAY BE AWARDED. By submitting an entry, entrants agree to indemnify and hold Sponsor harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought or suffered or incurred by the Sponsor, arising out of or in connection with the participation by the entrants in this scholarship contest, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by Sponsor of any entry (or portion thereof) submitted by entrants. By participating, entrants agree to the Official Rules, which are final and binding in all respects. ALL TAXES (INCLUDING INCOME TAXES) ARE THE SOLE RESPONSIBILITY OF WINNERS. PLEASE CONSULT YOUR TAX PREPARER OR OTHER PROFESSIONAL FOR FURTHER INFORMATION AND INSTRUCTIONS.
- By submitting an entry, entrants agree to indemnify and hold Sponsor harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought or suffered or incurred by the Sponsor, arising out of or in connection with the participation by the entrants in this scholarship contest, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by Sponsor of any entry (or portion thereof) submitted by entrants. By participating, entrants agree to the Official Rules, which are final and binding in all respects.
- Winner List or Rules Requests: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or sponsor in connection with the scholarship shall be directed to email@example.com OR via Postal mail to: Verge Credit, Attention Compliance Dept, 3615 N. Ridge Rd., Wichita, KS 67205
AGREEMENT FOR RESOLVING DISPUTES
This Agreement for Resolving Disputes (“Agreement”) includes the Definitions, Pre-Dispute Resolution Procedure, Arbitration Provision and Jury Trial Waiver that govern any Claims (as defined herein) you assert against us and any Claims we assert against you.
For purposes of this Agreement, “related parties” (each a “related party”) include all of Stride Bank, N.A.’s (“Stride”) parent companies, subsidiaries, and affiliates; and all of CURO Financial Technologies Corp.’s (“Sponsor”) parent companies, subsidiaries, and affiliates (including but not limited to Avío Credit, Inc., d/b/a/ Verge Credit (“Administrator”)); and each of the foregoing’s respective service providers, employees, directors, officers, shareholders, governors, managers, members, successors, and assigns. The “related parties” also include third parties that you bring a Claim against at the same time you bring a Claim against us or any other related party. Stride, Sponsor, Administrator, and the related parties, are collectively referred to herein as “we,” “us,” or “our”.
The term “Claim” means any past, present, or future claim, dispute or controversy between you and us that arises from or relates in any way to this Agreement or the Verge Credit Scholarship Program (“Program”); any of our marketing, advertising, solicitations and conduct relating to the Program; or our disclosure of or failure to protect any information about you. The term Claim is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs), and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory, or other equitable relief.
Notwithstanding the foregoing, the term Claim does not include any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, the term Claim does not include disputes about the validity, enforceability, coverage, or scope of the Arbitration Provision contained in this Agreement or any part thereof (including, without limitation, Sections 5(C), (D) and/or (E) of the Arbitration Provision (the “Class Action and Multi-Party Claim Waiver”), Sections 10(A) and 10(B) of the Arbitration Provision and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. The term Claim also does not include any self-help remedy (that is, any steps taken to enforce rights without a determination by a court or arbitrator) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind.
“Proceeding” means any judicial or arbitration proceeding regarding any Claim. “Complaining Party” means the party who threatens or asserts a Claim in any Proceeding and “Defending Party” means the party who is a subject of any threatened or actual Claim. “Claim Notice” means written notice of a Claim from a Complaining Party to a Defending Party.
PRE-DISPUTE RESOLUTION PROCEDURE
Before a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1) a Claim Notice providing at least 30 days’ written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send the Claim Notice to Verge Credit Attn: Legal Department, 3615 N. Ridge Rd., Wichita, KS 67205 (or such other address as we shall subsequently provide to you in writing). If you are the Defending Party, we will send the Claim Notice to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of Section 7 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.
VERY IMPORTANT. READ THIS ARBITRATION PROVISION CAREFULLY. IT SETS FORTH WHEN AND HOW CLAIMS WILL BE ARBITRATED INSTEAD OF LITIGATED IN COURT. IF YOU DON'T REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH SECTION 1 BELOW, IT WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WE RESOLVE ANY CLAIM.
Unless you reject the Arbitration Provision in accordance with Section 1 below, you and we agree that either party may elect to require arbitration of any Claim under the following terms and conditions:
- RIGHT TO REJECT ARBITRATION. If you do not want this Arbitration Provision to apply, you may reject it within 30 days after the date of this Agreement by delivering to us at Verge Credit Attn: Legal Department, 3615 N. Ridge Rd., Wichita, KS 67205, a written rejection notice which: (a) provides your name and address and the date of this Agreement; and (b) states that you are rejecting the Arbitration Provision in the Agreement. If you want proof of the date of such a notice, you should send the rejection notice by “certified mail, return receipt requested.” If you use such a method, we will reimburse you for the postage upon your request. Nobody else can reject arbitration for you (except an attorney at law you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right to participate in the Program (including but not limited to your chance to win the scholarship award) or the terms and conditions of the Program (other than this Arbitration Provision).
- ARBITRATION ELECTION. A Proceeding may be commenced after the Complaining Party complies with the Pre-Dispute Resolution Procedure. The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this Section 2. If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association (“AAA”), 120 Broadway, Floor 21, New York, N.Y. 10271, www.adr.org.; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court with jurisdiction. Notwithstanding any language in this Arbitration Provision to the contrary, without the consent of all parties to the arbitration, no arbitration may be administered, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
- NON-WAIVER. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. For example, if we file a lawsuit against you in court to recover amounts due under the Agreement, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.
- LOCATION AND COSTS. The arbitrator may decide that an in-person hearing is unnecessary and that they can resolve the Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's or arbitrator's filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration Proceeding or if we are required to pay such amounts by applicable law or by the administrator’s rules. The arbitrator shall not limit the attorneys’ fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.
NO CLASS ACTIONS OR SIMILAR PROCEEDINGS; JURY TRIAL WAIVER; SPECIAL FEATURES OF ARBITRATION. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (A) HAVE A COURT OR A JURY DECIDE THE CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section shall be determined exclusively by a court and not by the administrator or any arbitrator.
- GETTING INFORMATION. In addition to the parties’ rights under the administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
- SPECIAL PAYMENT. If (a) you submit a Claim Notice in an arbitration Proceeding on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and confidentiality requirements) of the Pre-Dispute Resolution Procedure; (b) we refuse to provide you with the money damages you request before an arbitrator is appointed; and (c) the arbitrator issues you an award that is greater than the latest money damages you requested at least ten days before the date the arbitrator was selected, then we will pay you the amount of the award or $10,000 (the “alternative payment”), whichever is greater, in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $10,000 alternative payment is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple alternative payments of $10,000 are not contemplated by this Section 7.
- EFFECT OF ARBITRATION AWARD. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq. (the “FAA”); and (2) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with Section 4 of this Arbitration Provision. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
- GOVERNING LAW. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. To the extent that state law bears on the enforceability of this Arbitration Provision, Kansas law shall govern. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- SURVIVAL, PRIMACY; SEVERABILITY. This Arbitration Provision shall survive the full payment of any amounts due under this Agreement; any rescission or cancellation of this Agreement; any exercise of a self-help remedy; our sale or transfer of this Agreement or our rights under this Agreement; any legal proceeding by us to collect a debt owed by you; and your (or our) bankruptcy. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator’s rules or the rest of this Agreement, this Arbitration Provision will govern. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply; provided, however, that:
(A) If Section 5(C), (D) and/or (E) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding.
(B) If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in Section 5 prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
- ENTIRE AGREEMENT. This Agreement is the entire contract among the parties as to the subject matter covered by it, and no representations, promises, understandings, assurances, or agreements (whether express or implied, and whether written or oral) as to those subjects that were made before the execution of this Agreement will change its terms or bind any party. This Agreement supersedes all previous agreements between the parties having to do with the subject matter covered hereunder.
JURY TRIAL WAIVER
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT THAT IS NOT RESOLVED BY ARBITRATION. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION BETWEEN YOU AND US, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
BY AGREEING TO THESE TERMS OR APPLYING FOR A SCHOLARSHIP UNDER THE PROGRAM:
- YOU WILL NOT BE ENTITLED TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM AGAINST US.
- YOU WILL NOT BE ENTITLED TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM AGAINST US.
- YOU WILL NOT BE ABLE TO BRING, IN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST US.