Upromise® Scholarship Program
Official Rules

Upromise 529 Scholarship
Upromise Back-to-School Scholarship
Upromise Youth Sports Scholarship

Upromise® 529 Scholarship Program
Official Rules

NO PURCHASE NECESSARY. A PURCHASE FROM UPROMISE DOES NOT IMPROVE YOUR CHANCES OF BEING SELECTED FOR A UPROMISE 529 SCHOLARSHIP.

  1. ELIGIBILITY: The Upromise 529 Scholarship Program (the "Scholarship Program") is open only to legal residents of the fifty (50) United States and the District of Columbia who are over the age of 13 years old and are members of the Upromise Rewards Service (the "Service"), who either (i) have created a Upromise Account for the first time within the three calendar months prior to the date of the applicable drawing ("New Members"), or (ii) have their Upromise Account actively linked to a 529 College Saving Account Plan account or an Achieving a Better Life Experience (ABLE) 529A Saving Account Plan account (both, "529 Accounts") ("Linked 529 Members") as of the end of the calendar month prior to the date of the applicable drawing (each an "Entrant" and an "Entry"). Employees of or consultants to Upromise, LLC ("Sponsor"), or its parent (Prodege, LLC), affiliates, and promotion agencies (collectively, "Related Entities") and members of their immediate family or household of each are not eligible. Void where prohibited by law. Each potential Upromise 529 Scholarship recipient ("Scholarship Recipient") cannot have been awarded any other Upromise 529 Scholarship in the previous twelve (12)-month period. This Scholarship Program is subject to all applicable federal, state and local laws and regulations.
  2. SPONSOR: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.
  3. TO ENTER: Entrants will automatically receive one Entry for being a New Member or being a Linked 529 Member. Entrants will also receive an additional Entry for each whole-dollar Reward that the Entrant has received and had credited to his/her Upromise Account during the prior month (net of any returns, credits, etc.). Entrants may also enter any monthly drawing under the Scholarship Program for free by mailing a postcard addressed as follows: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, Attn: Upromise 529 Scholarship Program Entry, which is received before the end of the month for that month’s Scholarship Program selection date. Only one mail Entry may be submitted by each Entrant for each monthly drawing and will be valid for that month’s drawing only. All Entries become the property of the Sponsor and will not be acknowledged or returned. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules and the Upromise.com Terms of Use and Privacy Policy. Unreadable, inaccurate, unintelligible, or Entries which otherwise do not comply with these Official Rules will be disqualified.
  4. SELECTION OF SCHOLARSHIP RECIPIENTS: Five (5) Scholarship Recipients will be selected on the tenth (10th) day of each month, or as soon as practicable, among all Entries received and processed during the previous calendar month. The Sponsor’s decision is final in all matters relating to this Scholarship Program. Odds of winning and receiving a Scholarship Award depend upon the number of Entries received in each calendar month.
  5. BONUS SCHOLARSHIP AWARDS: At its discretion, Sponsor may select and award one or more additional Scholarship Awards ("Bonus Scholarship Awards") to additional Scholarship Recipients ("Bonus Scholarship Recipients"), generally on the tenth (10th) day of each month, or as soon as practicable, among all Entries received and processed during the previous calendar month, unless the Sponsor announces a different schedule or process for selecting the Bonus Scholarship Recipients and awarding the Bonus Scholarship Awards. The qualification requirements for Entries for the Bonus Scholarship Awards may be determined and announced by the Sponsor from time to time in its discretion and may be limited to Entrants who engage in a particular activity or are within a certain sub-group of Entrants eligible for the basic Scholarship Awards. The Sponsor’s decision is final in all matters relating to Bonus Scholarship Awards. Odds of winning and receiving a Bonus Scholarship Award depend upon the number of Entries received in each calendar month which qualify for each of the Bonus Scholarship Awards.
  6. SCHOLARSHIP AWARDS: Each Scholarship Recipient will be awarded one (1) $529 Scholarship ("Scholarship Award") to be paid as described in "Fulfillment of Scholarship Awards" below. Total approximate retail value: $529. ANY FEDERAL, STATE AND LOCAL TAXES AND COSTS ASSOCIATED WITH RECEIPT AND ACCEPTANCE OF ANY SCHOLARSHIP AWARD ARE THE OBLIGATION OF THE SCHOLARSHIP RECIPIENT. No assignment, transfer or substitution of any Scholarship Award is permitted by the Scholarship Recipient. Entrants agree that if a Scholarship Recipient is found to have violated these Official Rules, or otherwise does not meet the eligibility criteria, such Scholarship Award will be forfeited and awarded to an alternate Scholarship Recipient in a random drawing from among all remaining Entries.
  7. NOTIFICATION OF SCHOLARSHIP AWARDS: Each potential Scholarship Recipient will be notified by email and/or administrative notification on the Upromise.com website within two (2) weeks following the drawing. If requested by Sponsor, each potential Scholarship Recipient may be required to execute and return an Affidavit of Eligibility and Liability and Publicity Release (where permitted) (an "Affidavit") within five (5) business days of notification attempt or such Scholarship Award will be forfeited and an alternate Scholarship Recipient will be selected in a random drawing from among all remaining Entries. If an Affidavit is requested, the potential Scholarship Recipient will not be deemed the Scholarship Recipient until his/her identity is verified and such Affidavit is returned on a timely basis. The Scholarship Award will be awarded provided it is properly claimed. No more than five (5) Scholarship Awards as stated in these Official Rules will be awarded. In the event more Scholarship Recipient notifications are issued, or more Scholarship Award claims are received than the number of Scholarship Awards set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all such Entries for the Scholarship Award at issue (or from among all persons so notified) to award the Scholarship Awards as set forth in these Official Rules. Inclusion in such random drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
  8. FULFILLMENT OF SCHOLARSHIP AWARDS: Each Scholarship Award shall be delivered to the Scholarship Recipient via deposit into his/her Upromise Account before the end of the month following the month the Scholarship Award is finally awarded to the Scholarship Recipient, and if applicable the Scholarship Award will then be transferred to the active linked 529 Account in the subsequent month as provided in the terms of the Service. If there is more than a single account actively linked to the Scholarship Recipient’s Upromise Account, the Scholarship Award shall be distributed between or among the actively linked accounts as provided in the terms of the Service.
  9. GENERAL: By entering this Scholarship Program, Entrants and Scholarship Recipients: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, arising out of participating in this Scholarship Program, or the acceptance, possession, use or misuse of any Scholarship Award and claims based on publicity rights, defamation or invasion of privacy; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Sponsor may prohibit individuals from participating in Scholarship Program and disqualify Entries if they attempt to enter the Scholarship Program through any means other than as described in these Official Rules or attempt to circumvent the terms and conditions of these Official Rules in any way. In the event the Sponsor or Related Entities are prevented from continuing with this Scholarship Program or the integrity and/or feasibility of the Scholarship Program is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a "Force Majeure" event), the Sponsor and Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Scholarship Program without notice or further obligation. If the Sponsor in its discretion elects to abbreviate, cancel or terminate the Scholarship Program as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the Scholarship Awards from among all valid Entries received up to the time of such Force Majeure event.
  10. INTERNET: If for any reason this Scholarship Program is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Scholarship Program, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Scholarship Program, at which time, Sponsor will conduct a random drawing selection from among all Entries received at the time of the Scholarship Program termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor and Related Entities are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any postcard or other Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Scholarship Program or downloading any materials in this Scholarship Program. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SCHOLARSHIP PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor may ask any Entrant or potential Scholarship Recipient to provide Sponsor with proof that such party is the authorized account holder of the Upromise Account associated with the Entry.
  11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Scholarship Program, including any Entry for or any selection of Scholarship Recipients, shall be settled by binding arbitration before a single arbitrator in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, 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 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 California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 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 Sponsor 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 ninety (90) days after the arbitrator is appointed, unless further extended by the arbitrator or mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’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 PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SCHOLARSHIP PROGRAM, EACH ENTRANT 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 PROGRAM, OR ANY SCHOLARSHIP AWARD, 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 ENTRANT.
  12. GOVERNING LAW & JURISDICTION: The Official Rules and the Scholarship Program are governed by U.S. law (including the Federal Arbitration Act) and are subject to all applicable federal, state and local laws and regulations. Subject to the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of the Scholarship Program Official Rules, or the rights and obligations of each Entrant and Sponsor in connection with the Scholarship Program, shall be governed by, and construed in accordance with, the laws of the State of California, 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 "Binding Arbitration" Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Los Angeles County, California.
  13. SCHOLARSHIP RECIPIENTS LIST: To obtain the names of any monthly Scholarship Recipients, send a stamped, self-addressed envelope to: Upromise 529 Scholarship Recipients, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, specifying the month for which you wish to review the list of Scholarship Recipients, within six (6) months following that month’s Scholarship Award selection.
  14. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Upromise 529 Scholarship Program Rules, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.

Upromise® Back-to-School Scholarship Program
Official Rules

NO PURCHASE NECESSARY. A PURCHASE FROM UPROMISE DOES NOT IMPROVE YOUR CHANCES OF BEING SELECTED FOR A UPROMISE BACK-TO-SCHOOL SCHOLARSHIP.

  1. ELIGIBILITY: The Upromise Back-to-School Scholarship Program (the "Scholarship Program") is open only to legal residents of the fifty (50) United States and the District of Columbia who are over the age of 13 years old and are members of the Upromise Rewards Service (the "Service"), as of September 28, 2020 pursuant to a random raffle drawing to be conducted by Upromise on a daily basis during the 529 Conference being held September 21-25, 2020 from the attendees at such conference. Each drawing winner will identify the 529 Plan with whom he or she is affiliated or wishes to support as a scholarship sponsor, and the members of the Service who have linked an account from that 529 Plan shall be entered in the Scholarship Program and eligible to win a Scholarship (each an "Entrant" and an "Entry"). Employees of or consultants to Upromise, LLC ("Sponsor"), or its parent (Prodege, LLC), affiliates, and promotion agencies (collectively, "Related Entities") and members of their immediate family or household of each are not eligible. Void where prohibited by law. Each potential Upromise Back-to-School Scholarship recipient ("Scholarship Recipient") cannot have been awarded any other Upromise scholarship in the previous twelve (12)-month period. This Scholarship Program is subject to all applicable federal, state and local laws and regulations.
  2. SPONSOR: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.
  3. TO ENTER: Entrants will automatically receive one Entry for being a member of the Service with an active linked 529 Plan account to the designated 529 Plans selected by drawing as provided above. Entrants may also enter the Back-to-School Scholarship Program for free by mailing a postcard addressed as follows: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, Attn: Upromise Back-to-School Scholarship Program Entry, which is received on or before 11:59 pm on September 27, 2020. Only one mail Entry may be submitted by each Entrant. All Entries become the property of the Sponsor and will not be acknowledged or returned. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules and the Upromise.com Terms of Use and Privacy Policy. Unreadable, inaccurate, unintelligible, or Entries which otherwise do not comply with these Official Rules will be disqualified.
  4. SELECTION OF SCHOLARSHIP RECIPIENTS: Five (5) Scholarship Recipients will be selected on September 28, 2020, or as soon as practicable, among all Entries as described above. The Sponsor’s decision is final in all matters relating to this Scholarship Program. Odds of winning and receiving a Scholarship Award depend upon the number of Entries received.
  5. SCHOLARSHIP AWARDS: Each Scholarship Recipient will be awarded one (1) $529 Back-to-School Scholarship ("Scholarship Award") to be paid as described in "Fulfillment of Scholarship Awards" below. Total approximate retail value: $529. ANY FEDERAL, STATE AND LOCAL TAXES AND COSTS ASSOCIATED WITH RECEIPT AND ACCEPTANCE OF ANY SCHOLARSHIP AWARD ARE THE OBLIGATION OF THE SCHOLARSHIP RECIPIENT. No assignment, transfer or substitution of any Scholarship Award is permitted by the Scholarship Recipient. Entrants agree that if a Scholarship Recipient is found to have violated these Official Rules, or otherwise does not meet the eligibility criteria, such Scholarship Award will be forfeited and awarded to an alternate Scholarship Recipient in a random drawing from among all remaining Entries.
  6. NOTIFICATION OF SCHOLARSHIP AWARDS: Each potential Scholarship Recipient will be notified by email and/or administrative notification on the Upromise.com website within two (2) weeks following the drawing. If requested by Sponsor, each potential Scholarship Recipient may be required to execute and return an Affidavit of Eligibility and Liability and Publicity Release (where permitted) (an "Affidavit") within five (5) business days of notification attempt or such Scholarship Award will be forfeited and an alternate Scholarship Recipient will be selected in a random drawing from among all remaining Entries. If an Affidavit is requested, the potential Scholarship Recipient will not be deemed the Scholarship Recipient until his/her identity is verified and such Affidavit is returned on a timely basis. The Scholarship Award will be awarded provided it is properly claimed. In the event more Scholarship Recipient notifications are issued, or more Scholarship Award claims are received than the number of Scholarship Awards set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all such Entries for the Scholarship Award at issue (or from among all persons so notified) to award the Scholarship Awards as set forth in these Official Rules. Inclusion in such random drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
  7. FULFILLMENT OF SCHOLARSHIP AWARDS: Each Scholarship Award shall be delivered to the Scholarship Recipient via deposit into his/her Upromise Account before the end of the month following the month the Scholarship Award is finally awarded to the Scholarship Recipient, and if applicable the Scholarship Award will then be transferred to the active linked 529 Account in the subsequent month as provided in the terms of the Service. If there is more than a single account actively linked to the Scholarship Recipient’s Upromise Account, the Scholarship Award shall be distributed between or among the actively linked accounts as provided in the terms of the Service.
  8. GENERAL: By entering this Scholarship Program, Entrants and Scholarship Recipients: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, arising out of participating in this Scholarship Program, or the acceptance, possession, use or misuse of any Scholarship Award and claims based on publicity rights, defamation or invasion of privacy; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Sponsor may prohibit individuals from participating in Scholarship Program and disqualify Entries if they attempt to enter the Scholarship Program through any means other than as described in these Official Rules or attempt to circumvent the terms and conditions of these Official Rules in any way. In the event the Sponsor or Related Entities are prevented from continuing with this Scholarship Program or the integrity and/or feasibility of the Scholarship Program is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a "Force Majeure" event), the Sponsor and Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Scholarship Program without notice or further obligation. If the Sponsor in its discretion elects to abbreviate, cancel or terminate the Scholarship Program as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the Scholarship Awards from among all valid Entries received up to the time of such Force Majeure event.
  9. INTERNET: If for any reason this Scholarship Program is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Scholarship Program, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Scholarship Program, at which time, Sponsor will conduct a random drawing selection from among all Entries received at the time of the Scholarship Program termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor and Related Entities are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any postcard or other Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Scholarship Program or downloading any materials in this Scholarship Program. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SCHOLARSHIP PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor may ask any Entrant or potential Scholarship Recipient to provide Sponsor with proof that such party is the authorized account holder of the Upromise Account associated with the Entry.
  10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Scholarship Program, including any Entry for or any selection of Scholarship Recipients, shall be settled by binding arbitration before a single arbitrator in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, 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 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 California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 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 Sponsor 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 ninety (90) days after the arbitrator is appointed, unless further extended by the arbitrator or mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’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 PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SCHOLARSHIP PROGRAM, EACH ENTRANT 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 PROGRAM, OR ANY SCHOLARSHIP AWARD, 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 ENTRANT.
  11. GOVERNING LAW & JURISDICTION: The Official Rules and the Scholarship Program are governed by U.S. law (including the Federal Arbitration Act) and are subject to all applicable federal, state and local laws and regulations. Subject to the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of the Scholarship Program Official Rules, or the rights and obligations of each Entrant and Sponsor in connection with the Scholarship Program, shall be governed by, and construed in accordance with, the laws of the State of California, 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 "Binding Arbitration" Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Los Angeles County, California.
  12. SCHOLARSHIP RECIPIENTS LIST: To obtain the names of any Scholarship Recipient, send a stamped, self-addressed envelope to: Upromise Back-to-School Scholarship Recipients, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, within six (6) months following the Scholarship Award selection.
  13. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Upromise Back-to-School Scholarship Program Rules, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.

Upromise® Youth Sports Scholarship Program
Official Rules

NO PURCHASE NECESSARY. A PURCHASE FROM UPROMISE DOES NOT IMPROVE YOUR CHANCES OF BEING SELECTED FOR A UPROMISE YOUTH SPORTS SCHOLARSHIP.

  1. ELIGIBILITY: The Upromise Youth Sports Scholarship Program (the "Scholarship Program") is open only to legal residents of the fifty (50) United States and the District of Columbia who are over the age of 13 years old and are members of the Upromise Rewards Service (the "Service"), and who have joined the Service between October 1, 2020 and December 31, 2020 (the "Entry Period") pursuant to a marketing campaign by Upromise to youth sports leagues through LeagueSide (each an "Entrant" and an "Entry"). Members of the Service joining during the Entry Period are "New Youth Sports Members". Employees of or consultants to Upromise, LLC ("Sponsor"), or its parent (Prodege, LLC), affiliates, and promotion agencies (collectively, "Related Entities") and members of their immediate family or household of each are not eligible. Void where prohibited by law. Each potential Upromise Youth Sports Scholarship recipient ("Scholarship Recipient") cannot have been awarded any other Upromise scholarship in the previous twelve (12)-month period. This Scholarship Program is subject to all applicable federal, state and local laws and regulations.
  2. SPONSOR: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.
  3. TO ENTER: Entrants will automatically receive one Entry for being a New Youth Sports Member. Entrants may also enter the Youth Sports Scholarship Program for free by mailing a postcard addressed as follows: Upromise, LLC, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, Attn: Upromise Youth Sports Scholarship Program Entry, which is received on or before December 31, 2020. Only one mail Entry may be submitted by each Entrant. All Entries become the property of the Sponsor and will not be acknowledged or returned. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules and the Upromise.com Terms of Use and Privacy Policy. Unreadable, inaccurate, unintelligible, or Entries which otherwise do not comply with these Official Rules will be disqualified.
  4. SELECTION OF SCHOLARSHIP RECIPIENTS: One (1) Scholarship Recipient will be selected on January 10, 2021, or as soon as practicable, among all Entries received and processed during the Entry Period. The Sponsor’s decision is final in all matters relating to this Scholarship Program. Odds of winning and receiving a Scholarship Award depend upon the number of Entries received during the Entry Period.
  5. SCHOLARSHIP AWARDS: Each Scholarship Recipient will be awarded one (1) $529 Youth Sports Scholarship ("Scholarship Award") to be paid as described in "Fulfillment of Scholarship Awards" below. Total approximate retail value: $529. ANY FEDERAL, STATE AND LOCAL TAXES AND COSTS ASSOCIATED WITH RECEIPT AND ACCEPTANCE OF ANY SCHOLARSHIP AWARD ARE THE OBLIGATION OF THE SCHOLARSHIP RECIPIENT. No assignment, transfer or substitution of any Scholarship Award is permitted by the Scholarship Recipient. Entrants agree that if a Scholarship Recipient is found to have violated these Official Rules, or otherwise does not meet the eligibility criteria, such Scholarship Award will be forfeited and awarded to an alternate Scholarship Recipient in a random drawing from among all remaining Entries.
  6. NOTIFICATION OF SCHOLARSHIP AWARDS: Each potential Scholarship Recipient will be notified by email and/or administrative notification on the Upromise.com website within two (2) weeks following the drawing. If requested by Sponsor, each potential Scholarship Recipient may be required to execute and return an Affidavit of Eligibility and Liability and Publicity Release (where permitted) (an "Affidavit") within five (5) business days of notification attempt or such Scholarship Award will be forfeited and an alternate Scholarship Recipient will be selected in a random drawing from among all remaining Entries. If an Affidavit is requested, the potential Scholarship Recipient will not be deemed the Scholarship Recipient until his/her identity is verified and such Affidavit is returned on a timely basis. The Scholarship Award will be awarded provided it is properly claimed. In the event more Scholarship Recipient notifications are issued, or more Scholarship Award claims are received than the number of Scholarship Awards set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all such Entries for the Scholarship Award at issue (or from among all persons so notified) to award the Scholarship Awards as set forth in these Official Rules. Inclusion in such random drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
  7. FULFILLMENT OF SCHOLARSHIP AWARDS: Each Scholarship Award shall be delivered to the Scholarship Recipient via deposit into his/her Upromise Account before the end of the month following the month the Scholarship Award is finally awarded to the Scholarship Recipient, and if applicable the Scholarship Award will then be transferred to the active linked 529 Account in the subsequent month as provided in the terms of the Service. If there is more than a single account actively linked to the Scholarship Recipient’s Upromise Account, the Scholarship Award shall be distributed between or among the actively linked accounts as provided in the terms of the Service.
  8. GENERAL: By entering this Scholarship Program, Entrants and Scholarship Recipients: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, arising out of participating in this Scholarship Program, or the acceptance, possession, use or misuse of any Scholarship Award and claims based on publicity rights, defamation or invasion of privacy; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Sponsor may prohibit individuals from participating in Scholarship Program and disqualify Entries if they attempt to enter the Scholarship Program through any means other than as described in these Official Rules or attempt to circumvent the terms and conditions of these Official Rules in any way. In the event the Sponsor or Related Entities are prevented from continuing with this Scholarship Program or the integrity and/or feasibility of the Scholarship Program is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a "Force Majeure" event), the Sponsor and Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Scholarship Program without notice or further obligation. If the Sponsor in its discretion elects to abbreviate, cancel or terminate the Scholarship Program as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the Scholarship Awards from among all valid Entries received up to the time of such Force Majeure event.
  9. INTERNET: If for any reason this Scholarship Program is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Scholarship Program, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Scholarship Program, at which time, Sponsor will conduct a random drawing selection from among all Entries received at the time of the Scholarship Program termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor and Related Entities are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any postcard or other Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Scholarship Program or downloading any materials in this Scholarship Program. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SCHOLARSHIP PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor may ask any Entrant or potential Scholarship Recipient to provide Sponsor with proof that such party is the authorized account holder of the Upromise Account associated with the Entry.
  10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Scholarship Program, including any Entry for or any selection of Scholarship Recipients, shall be settled by binding arbitration before a single arbitrator in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, 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 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 California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 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 Sponsor 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 ninety (90) days after the arbitrator is appointed, unless further extended by the arbitrator or mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’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 PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SCHOLARSHIP PROGRAM, EACH ENTRANT 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 PROGRAM, OR ANY SCHOLARSHIP AWARD, 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 ENTRANT.
  11. GOVERNING LAW & JURISDICTION: The Official Rules and the Scholarship Program are governed by U.S. law (including the Federal Arbitration Act) and are subject to all applicable federal, state and local laws and regulations. Subject to the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of the Scholarship Program Official Rules, or the rights and obligations of each Entrant and Sponsor in connection with the Scholarship Program, shall be governed by, and construed in accordance with, the laws of the State of California, 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 "Binding Arbitration" Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Los Angeles County, California.
  12. SCHOLARSHIP RECIPIENTS LIST: To obtain the names of any Scholarship Recipient, send a stamped, self-addressed envelope to: Upromise Youth Sports Scholarship Recipients, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267, within six (6) months following the Scholarship Award selection.
  13. OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (VT residents need not affix return postage) to: Upromise Youth Sports Scholarship Program Rules, c/o Prodege, LLC, P. O. Box 70, Manhattan Beach, CA 90267.