Terms of Use

Applicability

These Terms of Use apply to all website(s), microsite(s), mobile website(s), and mobile applications (collectively, “Sites”) that are owned, operated, and maintained by or for the Kathy Waddilove Foundation, and its subsidiaries (“we,” “us,” or “our”) as well as to the services we provided to you (collectively, “Services”).

General Provisions

THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITES (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITES.

By entering or using the Sites/Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Sites/Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify the Terms from time to time. By entering the Sites or using the Services, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction and Governing Law

We make no representations that the information and materials contained within the Sites or made available as part of the Services are appropriate for locations outside the United States. By entering the Sites, you acknowledge and agree that they are intended for use only by citizens and residents of the United States of America residing within the United States of America aged 16 years or older and will only be governed according to the laws of the State of New York without regard to conflicts of laws principles. If you are not a member of the intended audience, you are prohibited from accessing the Sites/Services.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

Content

All information we provide to you through the Sites/Services is referred to herein as “Content.” Although we and all parties involved in creating, producing, or delivering Content make reasonable efforts to ensure that it is correct and up-to-date, we cannot guarantee 100% accuracy. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITES/SERVICES AND CONTENT. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

Consent for Communications

IF YOU PROVIDE YOUR TELEPHONE NUMBER TO US VIA THE SITES/SERVICES, YOU GIVE YOUR ELECTRONIC SIGNATURE AND CONSENT FOR US TO SEND YOU MARKETING CALLS/TEXT MESSAGES AT THAT NUMBER USING AN AUTODIALER AND/OR PRERECORDED MESSAGES. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO RECEIVE THESE MARKETING COMMUNICATIONS IS NOT REQUIRED TO PURCHASE ANY GOODS OR SERVICES.

Intellectual Property

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Sites/Services constitute trade dress and are either our property or used on this Sites/Services with permission. The absence on the Sites/Services of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites/Services may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Sites/Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Sites, Services, or Content. Without waiving any of the foregoing rights, you may print or download information from the Sites/Services for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Sites/Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission is prohibited.

Submissions

The Sites/Services may let you submit material to us or to third parties. In these Terms, we use “Submissions” to refer to any material of any kind that you submit to us or third parties through the Sites or that you submit to us in connection with the Services, including text, files, images, photos, video, sounds and musical or literary works.

We are not responsible for the content of Submissions provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy.

We reserve the right, in our sole discretion, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Sites/Services, and we may do this with or without giving you any prior notice.

We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our services. You acknowledge that we may indirectly commercially benefit from use of your Submissions.

Each time you make a Submission, you represent and warrant as follows:

(a) You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.

(b) Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(d) Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 16 and if your Submission identifies any individual over the age of 16, you have that person’s consent to being identified in exactly that way in your Submission.

(e) You are not impersonating any other person.

(f) You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email.

(g) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(h) You will not engage in any automated use of the system, such as using scripts to alter our Content.

(i) You will not, without authorization, access, tamper with, or use non-public areas of the Sites, our computer systems, or the technical delivery systems of our service providers.

(j) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Sites or any other component of our system or network or breach any security or authentication measures.

We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission.

Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions; however, by making a Submission you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission.

Sweepstakes & Contests

We may from time to time offer sweepstakes and/or contests. By entering a sweepstakes and/or contest, you agree to the Official Rules governing such sweepstakes and/or contest which are incorporated herein by reference. The Official Rules for each sweepstakes and/or contest are linked on the webpage for such sweepstakes and/or contest and are available by contacting us at our contact information below.

Disclaimers & Limitation of Liability

YOU USE THE SITES/SERVICES AT YOUR OWN RISK. THE SITES/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, VENDORS, AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES/SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITES/SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Binding Arbitration

Any controversy, claim or dispute arising out of or related to these Terms or the Sites/Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) will be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration will be made within a reasonable time after the Dispute has arisen, but in no event will it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration will be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including, as applicable, provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration will be conducted in Farmingdale, New York before a single neutral arbitrator appointed in accordance with the Arbitration Rules, or such other location as the parties may agree in writing. The decision of the arbitrator will be final without option to appeal. Disputes with an amount in controversy of $10,000 or less will be determined on the basis of written submissions only. To the fullest extent permitted by law, the arbitrator will not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees will be divided in accordance with the Arbitration Rules. Each party will be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS OF USE, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW EXCEPTING THE RIGHT TO BRING A CLAIM OR DISPUTE IN SMALL CLAIMS COURT IN ACCORDANCE WITH THE ARBITRATION RULES. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

Indemnity

You agree to defend, indemnify, and hold us, our Affiliates, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees and costs) that arise out of or are related to your violation of these Terms or use of the Sites/Services.

Privacy & Security

Our Privacy Policy (https://kathywaddilovefoundation.org) is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request may be logged for access statistics and security purposes and agree that your use of this Sites constitutes consent to such monitoring. we maintain exclusive control of access and right of access to the Sites. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever.

Copyright Notice

If you believe that any material on the Sites infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:

Kathy Waddilove Foundation

Attn: Copyright Manager

204 Airport Plaza #1082

Phone: (718) 749-4269

Email: info@kathywaddilovefoundation.org

In your notice, please include:

Your physical or electronic signature;
Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
Identification of the material that you claim to be infringing, and where the material is located on the Sites;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf. Upon receipt of your notice, we will remove the offending material as required by law. If we receive a counter notice, we will provide it to the disputing party and allow the parties to resolve the matter between themselves through legal processes. We also have a policy of terminating account holders who repeatedly violate the copyright and other intellectual property rights of others.

Links

The Sites may contain links to sites or by accessed by links from sites that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to claims, representations, warranties, offers, illustrations, names or endorsements on any other sites. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Contact Information

If you have any questions, complaints, or claims, please contact us at:

Kathy Waddilove Foundation

204 Airport Plaza #1082

Farmingdale, NY 11735

info@kathywaddilovefoundation.org

(718) 749-4269

LAST UPDATED: August 16, 2020

Kathy Waddilove 2023 Scholarship

Official Rules

Kathy Waddilove Foundation (“Sponsor”) is pleased to introduce the Kathy Waddilove 2023 Scholarship (“Scholarship Contest”). As a condition of participating in the Scholarship Contest, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and, the fullest extent provided by law, waive any right to claim ambiguity in the Scholarship Contest, these Official Rules, Scholarship Contest materials, and information contained on Sponsor’s website at https://kathywaddilovefoundation.org/scholarship-nominee/. The Scholarship Contest is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. These Official Rules are incorporated by reference and made a part of Sponsor’s Terms of Use https://kathywaddilovefoundation/terms-of-use and is subject to Sponsor’s Privacy Policy https://kathywaddiovefoundation.org/privacy-policy.

1. ELIGIBILITY

The Scholarship Contest is open only to: who are permanent legal residents of the United States of America; (ii) are at least sixteen (16) years of age at the time of entry; (iii) are not barred from participation in the Scholarship Contest under the laws of the United States, including but not limited to all federal, state, and local laws; and (iv) at all times abide by these Official Rules. THE SCHOLARSHIP CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of their respective parent companies, affiliates, subsidiaries, franchisees, prize providers, fulfillment agencies, including Immediate Family Members (as defined below) and Household Members (as defined below) for each of the aforementioned are not eligible to participate in or win the Scholarship Contest. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.

2. SCHOLARSHIP CONTEST PERIOD

The Scholarship Contest begins on May 1, 2023 and ends on May 31, 2023(“Scholarship Contest Period”). Potential winner(s) will be selected on or before May 31, 2023 + 30 days Sponsor shall be the official timekeeper of the Scholarship Contest.

3. HOW TO ENTER

During the Scholarship Contest Period, eligible individuals may apply for the Scholarship Contest, as follows:

3.1 Fill in all the mandatory fields from the form at https://kathywaddilovefoundation.org/scholarship-nominee/], or

3.2 Use ScholarshipOwl at https://www.scholarshipowl.com

4. ENTRY CONDITIONS

There is a limit of one (1) entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact or account information, or otherwise, may result in the entrant being disqualified, at Sponsor’s sole discretion. Entries generated by a script, computer programs, macro-programmed, robotic or any other automated means are void and may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, incorrect, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or are otherwise not in compliance with the Official Rules are also void and may be disqualified from the Scholarship Contest at Sponsor’s sole discretion. Sponsor will not be responsible for invalid submissions and has no obligation to advise an individual of such a submission. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed.

Entries received outside the Scholarship Contest Period will not be included in the Scholarship Contest. For purposes of this Scholarship Contest, an entry is “received” when the Sponsor’s servers record the entry information. Screen shots, printouts or other purported “proof” or “evidence” of entry or winning, in lieu of Sponsor’s validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.

All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned.

5. SELECTION CRITERIA

Scholarship winners will be selected based upon the following selection criteria:

5.1 Answer the question posed in the prompt, if applicable;

5.2 Make a connection between the mission of the scholarship (the activity or interest the scholarship seeks to support) and the applicant’s academic, career, personal interests and/or goals;

5.3 Successfully articulate how the applicant plans to achieve those interests/goals and how the scholarship/activity will fit into that plan;

5.4 Demonstrate how the applicant thinks and why they’ve made the decisions they’ve made, clarifying and reflecting on relevant past experiences.

5.5 The essay should be easy to read, reveal interesting things about the applicant, and help the reader gain an overall understanding of where the applicant is coming from.

Sponsor’s selection of winners will be final and determinative.

6. PRIZES AND PRIZE RESTRICTIONS

Subject to verification of eligibility and compliance with these Official Rules, the following scholarship prize awards will be available to eligible entrants participating in the Scholarship Contest:

$1,500

A maximum of one scholarship prize will be awarded.

Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All prize details are at the sole discretion of Sponsor and any depiction of the prizes, in Scholarship Contest materials or otherwise, is for illustrative purposes only. Prizes are non-transferable, non-exchangeable, and non-refundable, and must be accepted by the winner as awarded. A prize winner may waive his/her right to receive a prize. Sponsor shall have no responsibility or obligation to a prize winner or a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event of non-compliance with these Official Rules, or if a prize is unclaimed, that prize will be forfeited. A forfeited prize may be awarded to an alternate winner, in Sponsor’s sole discretion.

All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of a prize not specified herein, are the sole responsibility of the prize winner. Any required tax reporting forms will be furnished to the appropriate authorities.

7. WINNER NOTIFICATION AND VERIFICATION

One potential winner will be chosen at random from all eligible entrants that submit an entry as detailed above during the Scholarship Contest Period.

Sponsor will attempt to notify a potential winner using the contact information provided on the potential winner’s entry within thirty (30) days after the end of the Scholarship Contest. If a potential winner cannot be contacted or does not respond to Sponsor within seventy-two (72) hours of Sponsor’s initial notification, the potential winner may be disqualified at Sponsor’s sole discretion.

A potential winner must provide Sponsor the information required to file any necessary tax reporting forms, including but not limited to their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the value of a prize awarded and accepted. Except where prohibited, a potential winner also may be required to sign and return to Sponsor, within three (3) business days from the date when Sponsor’s initial notification was sent, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim his or her prize. If the Declaration is returned as undeliverable or incomplete or a potential winner fails to complete, sign and return the applicable Declaration within the required time period, or the potential winner does not adhere to the Official Rules, including without limitation, the potential winner does not fulfill the eligibility requirements, the potential winner may be disqualified at Sponsor’s sole discretion.

In the event a potential winner is disqualified for any reason, or if a prize is unclaimed or not accepted, the prize will be forfeited. If forfeited for any reason, the potential winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Sponsor, at its sole discretion, may award the forfeited prize to an alternate potential winner. If the Sponsor decides to select an alternate potential winner for the prize, the alternate will be selected according to the method used to select the potential winner. Sponsor will attempt to notify an alternative potential winner using the contact information provided on the potential winner’s entry. If a potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the alternative potential winner may be disqualified at Sponsor’s sole discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SCHOLARSHIP CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SCHOLARSHIP CONTEST.

8. GENERAL CONDITIONS

Winning a prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Scholarship Contest, or any part of it, for any reason, including, but not limited to, insufficient entries in the Scholarship Contest, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Scholarship Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Scholarship Contest or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the prizes to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor also reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Scholarship Contest, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void such individual’s entry.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SCHOLARSHIP CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.

9. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE

Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.

10. Sponsor

The Scholarship Contest is sponsored by Kathy Waddilove Foundation, 204 Airport Plaza #1082, Farmingdale, NY 11735.