Disclaimer of Liability
Nevada Dairy Farmers and Dairy Council of Nevada cannot accept any responsibility for any damage, loss, injury, disappointment and/or mental anguish allegedly suffered by any applicant applying for the scholarship or as a result of failing to win or actually accepting any prize. Nevada Dairy Farmers is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to applicant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the scholarship.
Winners agree to take part in promotional activity and Nevada Dairy Farmers reserve the right to use the names and city of winners, their recipes and photos/images of them in any publicity in any and all media now known or hereinafter chosen without territorial or time limitations and without compensation.
Nevada Dairy Farmers reserve the right not to award a prize (and to select an alternative winner) if Nevada Dairy Farmers is aware or has any grounds, in their sole discretion, to believe that a winner is not eligible.
By applying for the scholarship, you hereby warrant that all information submitted by you is true, current and complete. You also confirm that you unequivocally represent that you own the rights to use all the information used in your scholarship application. Nevada Dairy Farmers reserves the right to verify the eligibility of all applicants, and disqualify and remove, in their sole discretion, any entries based on any suspicion of copyright infringement.
You are not entitled to enter the scholarship application process if you are resident in a country or jurisdiction where the scholarship may violate any law or regulation. Where this provision applies, Nevada Dairy Farmers’ invitation to enter the scholarship application process in such country and/or jurisdiction is withdrawn.
Nevada Dairy Farmers reserves the right to disqualify any applicant if it has any grounds, in their sole discretion, to believe the applicant has breached any of the Rules.
In the event that any applicant is disqualified from the scholarship, Nevada Dairy Farmers, in their sole discretion, may decide whether a replacement should be selected. In this event, any further applicant will be selected on the same criteria as the original applicant and will be subject to these same rules.
Proof of emailing cannot be accepted as proof of delivery. Nevada Dairy Farmers cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorized access to applications, or applications lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Nevada Dairy Farmers’ control.
Right To Cancel Or Modify Scholarship
The Nevada Dairy Farmers reserves the right to cancel or modify the Scholarship, at their sole discretion, if any suspicion of fraud or technical failures destroy the integrity of the Scholarship application process, as determined by the Nevada Dairy Farmers, in their sole discretion. If, for any reason, the Scholarship application pool is not capable of being opened by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, network overload (Internet/phone/cellular) and/or any other causes which Nevada Dairy Farmers deem, in their sole discretion, could corrupt or affect the administration, security, fairness, integrity, and/or proper conduct of the aware of Scholarships, Nevada Dairy Farmers reserves the right to cancel, terminate, modify or suspend the Scholarship application process and/or these Official Rules, change the Scholarship Period, and/or select a winners in any other manner as Nevada Dairy Farmers may deem appropriate, in their sole discretion.
Release And Limitation Of Liability
Neither the Nevada Dairy Farmers, nor their parents or affiliates, nor their respective agents, officers, directors, employees, agencies, or attorneys, nor Instagram, are responsible for, and each applicant releases all such parties, to the fullest extent of the law, from any claim, cause of action or liability, including without limitation those relating to any personal injury, death, loss, expense or damages of any kind, under any theory of law or in equity, which may arise from or in any way relate to (a) entry or participation in the Scholarship application process or limitation on applicant’s ability to do so; (b) acceptance or use of any prizes awarded in the Scholarship; (c) incomplete, lost, late, damaged, illegible or misdirected e-mail and/or postal mail or other communication; (d) hardware or software failures of any kind; (e) lost or unavailable network connections; (f) publicity and/or privacy rights, defamation, and/or intellectual property associated with the applicant; or (g) failed, incomplete, garbled or delayed computer transmissions, whether any of the foregoing are caused by users or by any of the equipment or programming associated with or utilized in the Scholarship application process, or by any technical or human error which may occur in the processing of submissions.
In the event of any dispute regarding the rules, conduct, results and all other matters relating to the Scholarship application process, the decision of Nevada Dairy Farmers shall be at their sole discretion and shall be final with no appeal or other rights.
By entering the Scholarship, applicants acknowledge and agree: (1) that they consent to their entry in the Scholarship, (2) the idea and materials submitted are their own, original work and (3) digitally submitted supporting materials shall automatically become the exclusive property of Nevada Dairy Farmers immediately upon submission by the applicant and (4) their email address will be entered into an email marketing database for potential use by Nevada Dairy Farmers in the future.
Any controversy or claim arising out of or relating to this Scholarship shall be settled by binding arbitration in Reno, Nevada in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Nevada law and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Nevada Dairy Farmers shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE APPLICANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SCHOLARSHIP APPLICATION PROCESS IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SCHOLARSHIP APPLICATION PROCESS, EACH APPLICANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SCHOLARSHIP, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY APPLICANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND APPLICANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) APPLICANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND APPLICANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY APPLICANT.
Governing Law & Jurisdiction
This Scholarship and its Official Rules are governed by Nevada law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Scholarship Official Rules, or the rights and obligations of applicants and Nevada Dairy Farmers in connection with the Scholarship, shall be governed by, and construed in accordance with, the laws of the State of Nevada, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Washoe County, Nevada.
Nevada Dairy Farmers: 2165 Green Vista Dr #206, Sparks, NV 89431