AMERICAN MUSCLE SCHOLARSHIP TERMS AND CONDITIONS

NO PURCHASE NECESSARY. ENTRY IS FREE. CHANCES OF WINNING DEPEND ON NUMBER OF ENTRIES RECEIVED.

Welcome to this website (“Site”), as operated by Turn5, Inc. (“Company”), doing business as AmericanMuscle.com.  The Company operates the Site and other associated services and offerings, including, without limitation, mobile and tablet applications. These terms are a legal contract between you, an individual user or single entity, and Company regarding your use of the Site and participation in the Company’s scholarship program.

These terms and conditions apply to Company’s ongoing annual scholarship program, which provides two scholarships each year—namely, one scholarship for each fall semester and one scholarship for each spring semester. The entries for one semester do not carry over to any other subsequent semester.

Scholarship Eligibility:

You must be at least eighteen (18) years old and residing legally in the fifty (50) United States or the District of Columbia.

You must currently be enrolled, or be a high school senior planning to enroll in an accredited United States or Canadian college, university, or post-secondary technical institution in an automotive themed major.

Employees and affiliates of the Company and members of their immediate families, and persons residing at the same address, are not eligible to apply for the Scholarship.

Your submission of an application for the American Muscle Scholarship shall constitute your consent to be bound in all respects by the terms and conditions set forth in these rules, and your unconditional acceptance thereof and of the decisions of the Company, which shall be final and binding. If you do not agree to the terms and conditions of these rules, please do not submit an application for the American Muscle Scholarship.

If you do not meet the foregoing eligibility criteria, please do not apply for the American Muscle Scholarship. Void where prohibited.

How to Apply for the American Muscle Scholarship:

Your application must be in English and must be between 700 - 1500 words, describing who you are and how you plan on using your automotive education to incite positive change and innovation within the custom car industry. Essays should be submitted as a PDF or Microsoft Word document to [email protected] to be eligible for consideration and must also be accompanied with proof of current enrollment in an accredited United States technical institute, secondary vocational school or tuition bearing apprenticeship program in the traditional building trades (e.g. carpentry, HVAC, electrical, etc.). You understand and agree that Company will not review every application submitted, but each eligible and timely application will be included in Company’s random selection as described below.

Please submit your essay by 12:00PM EST on October 15th in order to be eligible for the spring semester scholarship and by June 15th to be eligible for the fall semester scholarship. The winner of the spring semester will be selected by November 15th and the fall semester winner will be selected by July 15th.

Scholarship payment will be sent directly to the winner’s school as a tuition payment.

Applications must be submitted in accordance with any technical specifications set forth in the application. Applications will automatically be declined if not correctly completed and submitted.  The Company assumes no responsibility for any failure to receive an Application as a direct or indirect result of a technical problem or any kind of internet malfunction.

Scholarship Winners:

After all applications are submitted, thirty (30) applications that meet the required criteria will be selected at random for review by a judging committee. A process will be used to narrow down applications to the top 5 essays. From there, a committee comprised of members of the Company’s leadership team will review the top 5 applications and select a recipient based on a number of criteria, including the quality and applicability of the content submitted. If none of the selected thirty (30) constitute quality entries in the committee’s sole discretion, then the committee may request another thirty (30) applications to be selected by random for review. One scholarship will be awarded for the spring semester each year, followed by one additional scholarship to be awarded for the fall semester each year. Each scholarship will be in the amount of two thousand five hundred dollars ($2,500.00).

Scholarship Payment:

Each scholarship award will be non-transferable and will be made in the form of a check payable to the eligible institution of higher education attended by the recipient.

Scholarship award recipients must submit proof of current enrollment at such institution in order for the Company to remit the award.

No cash equivalent awards will be given.

The award of the scholarship shall be contingent upon full compliance with the terms and conditions of these rules.

Each potential scholarship recipient will be notified of their selection via email. In no event shall the Company be liable for any potential recipient notification that is lost, intercepted or not received by the potential recipient for any reason. By submitting an application for an American Muscle Scholarship award, you acknowledge that the Company and its affiliates may call or contact you in relation to the scholarship and that the names of the American Muscle Scholarship award may be posted on the American Muscle website and on its social media pages.

If any American Muscle Scholarship award recipient (i) fails or refuses, within fifteen business days of being notified of their selection as a recipient of a scholarship award, to provide proof of identity, any required affidavit, or any requested tax forms (including IRS W-9 form), (ii) is found by the Company to have violated the terms and conditions of these rules or (iii) otherwise does not meet the eligibility criteria set forth herein, such recipient's award will be forfeited and an alternate American Muscle Scholarship award recipient will be chosen. Any taxes owed by any recipient in respect of any American Muscle scholarship award shall be the sole responsibility of the award recipient, who shall be issued an IRS Form 1099 in connection therewith.

Other Terms and Conditions:

After submitting your application, it becomes the property of the Company and will not be returned.

Portions of your application may be posted on the American Muscle website, or used in other marketing materials, without further compensation or notice to you.

You hereby irrevocably grant, transfer, sell, assign and convey, without reservation of any rights whatsoever, to the Company, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to (i) your application for an American Muscle Scholarship award and (ii) any content for exploitation throughout the world, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights"). The Company shall have the right, in its sole discretion, to edit, duplicate, alter and amend, the application and content for any purpose whatsoever, and you irrevocably waive any and all moral rights you may have in your application and any content submitted by you. The Company shall have no obligation (express or implied) to use any application, or to otherwise exploit any content or to continue the development, production, distribution or exploitation thereof, and the Company may at any time abandon the use of any content for any reason.

Except where prohibited, by accepting an American Muscle Scholarship award, the recipient thereof agrees that the Company may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness in any and all media, worldwide, for the purpose of advertising and promoting the Company and/or its products and services, or the American Muscle Scholarship program.

IMPORTANT LEGAL TERMS:

JURISDICTION AND CLASS ACTION WAIVER:  Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions in any forum other than the courts of the Commonwealth of Pennsylvania.  Each party further agrees that all claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.  In the event of dispute, each party shall bear its own costs and expenses.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. By entering an application for an American Muscle Scholarship award, you represent and warrant to the Company as follows: (i) your application, including any content submitted therewith, is your own original, previously unpublished, and previously unproduced work; (ii) any content is wholly your own original creations and is not the subject of any actual or threatened litigation or claim of infringement of the rights of any third party; (iii) any content you submit to the Company neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) any content you submit to the Company does not and will not violate any applicable laws and meets all applicable conditions for submission set forth above. You hereby agree to indemnify and hold the Company harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by you of any of the warranties, representations or agreements hereunder.

LIMITATION OF LIABILITY: You acknowledge and agree that the Company, its affiliates, and its and their respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) your participation in the American Muscle Scholarship program; (ii) incomplete, lost, late, misdirected or illegible entries or for failure to receive your application due to any cause whatsoever, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit your ability to participate in the scholarship program; or (iii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the scholarship program and/or the use of any scholarship award, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or your claim that you have somehow been defamed or portrayed in a false light. The American Muscle Scholarship program is subject to all U.S. federal, state and local laws and regulations and is void where prohibited. If your application is confirmed by the Company to have been erroneously deleted, lost or destroyed, your sole remedy shall be to submit another application, if time permits. The Company's failure to enforce any term of these rules shall not constitute a waiver of that or of any other provision hereof.

THE COMPANY'S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event the Company is prevented from continuing to provide the American Muscle Scholarship program by any event beyond its reasonable control, then the Company shall have the right in its sole discretion to modify, suspend, or terminate the scholarship program.

GENERAL PROVISIONS. The Company reserves the right in its sole discretion to disqualify any applicant who is determined by the Company, in its sole discretion, to be (i) tampering with the application process or the operation of any technical interface used to administer the scholarship program, (ii) acting in violation of the terms and conditions set forth herein, (iii) submitting false, misleading or infringing content, (iv) acting in a manner that is threatening or abusive to the Company, its affiliates or its or their respective employees or to other applicants or (v) otherwise disruptive to the orderly administration of the American Muscle Scholarship program in accordance with these terms and conditions.