ApplyBoard Inc. (“ApplyBoard”) is excited to announce a program to celebrate and pay tribute to international student graduates who have demonstrated tremendous positive impact in their chosen field and community (the “International Alumni of Impact Program”). One-time scholarships will be created in each of the Winners’ names to support new international students who are enrolled in the Spring, Summer, and Fall 2024 or Winter 2025 intake, through ApplyBoard’s platform based on merit, and Winners will also receive public recognition (“Alumni Award”). Eligible Nominees can self-nominate or be nominated by a third party through https://www.applyboard.com/info/iaoi. Further details are set out in these Terms and Conditions (the “Terms”).Please read these Terms in their entirety prior to submitting a Nomination Form. By submitting a Nomination Form and/or indicating agreement to these Terms by clicking the checkbox on the Site (as hereinafter defined), each Eligible Nominee agrees to be legally bound by these Terms and acknowledges and agrees that these Terms form a binding legal agreement between the Eligible Nominee and ApplyBoard.The Eligible Nominee agrees that ApplyBoard may, as further set out in these Terms, publicize, publicly display, broadcast, and otherwise use all or any aspects of the Eligible Nominee’s name, photo, image, likeness, voice, biographical information (including country of residence, previous program of study and educational institution, and current employment) and the Eligible Nominee’s Short Answers through, among other channels, ApplyBoard’s website and social media channels, for publicity, media, promotional, marketing and advertising purposes, without notice, compensation or attribution to the Eligible Nominee. ApplyBoard has the foregoing rights with respect to any Eligible Nominee, even if the Eligible Nominee is not a Winner.For any questions regarding the International Alumni of Impact Program or these Terms, please contact: alumniofimpact@applyboard.com.
Submission Period. Eligible Nominees may submit a Nomination Form from March 26, 2024 at 8:00 AM Eastern Time to May 19, 2024, 11:59 PM Eastern Time (the “Submission Period”) in accordance with these Terms. ApplyBoard reserves the right to change the Submission Period at any time. Any changes to the Submission Period will be posted onhttps://www.applyboard.com/info/iaoi. Winners will be selected by ApplyBoard after the Submission Period as further set out below.
Eligibility for Nomination. To be eligible for nomination, an individual must:
be a former international student who graduated from a Canadian post-secondary institution between January 1, 2003 to December 31, 2023, and who has provided a Submission to ApplyBoard (whether directly, or through a third party) for the opportunity to be chosen as a Winner in the International Alumni of Impact Program. Such applications must be submitted prior to the end of the Submission Period;
not be an employee, child of an employee, spouse of an employee, independent contractor, representative or agent of ApplyBoard or domiciled with an employee, child of an employee, spouse of an employee, independent contractor, representative or agent of ApplyBoard; and
have read and agreed to be bound by these Terms;
(such an individual that satisfies the above conditions, an “Eligible Nominee”).
How to Apply.
Submission. To be selected as a Winner of the International Alumni of Impact Program, an Eligible Nominee must visit https://www.applyboard.com/info/iaoi (the “Site”) and follow the instructions on the Site to: (i) accurately and correctly complete all requested information on the web-based application form (“Nomination Form”); (ii) agree to these Terms; and (iii) submit the completed Nomination Form (as determined by ApplyBoard) in English. The Nomination Form must be received by ApplyBoard prior to May 19, 2024, 11:59 PM Eastern Time (collectively, (i)-(iii) and the foregoing sentence, a “Submission”). Any Submission that does not meet the aforementioned criteria will be disqualified.
Short Answers Content Requirements. As part of the Submission, an Eligible Nominee must provide details about their experience studying in Canada and their post-graduation journey (“Short Answers”) by answering four questions provided on the Nomination Form and within the word count allotted for each question on the Nomination Form (the “Short Answer Content Requirements”).
Manner of Submission. Submissions may only be submitted via the Site and may not be submitted in any other manner. ApplyBoard is not responsible for any Submissions that are lost or otherwise fail to reach ApplyBoard, delayed, damaged, defaced, mislaid or illegible, howsoever caused. All Submissions will be deemed made by the Eligible Nominee at the time it is received by ApplyBoard.ApplyBoard may choose to deem a Submission incomplete and disqualify the Submission for any reason, without notice to the Eligible Nominee.
Winner Selection Process and Conditions.
Judging of Short Answers. A panel of ApplyBoard team members will review and judge the Short Answers submitted by Eligible Nominees in accordance with these Terms and the four (4) pillars of the International Students of Impact. Short Answers will be evaluated by ApplyBoard based on the nature, quality and appropriateness of the expressed responses to the Short Answers Content Requirements, as well as the Eligible Nominees’ compliance with these Terms. ApplyBoard may also schedule short interviews with Eligible Nominees during the selection process. Thereafter, ApplyBoard will select up to ten (10) potential Winners and provide such potential Winners’ Nomination Forms to a panel of judges, which will be composed of professionals, the majority of which are external to ApplyBoard. The judges will review and judge the Short Answers using the same evaluation criteria as the ApplyBoard team members. The odds of being a Winner depends on the number of Submissions received during the Submission Period in accordance with these Terms.
Proof of Enrollment and Graduation.ApplyBoard reserves the right to communicate with post-secondary schools to verify statements in an Eligible Nominee’s Nomination Form, including proof of enrollment and graduation from a school. ApplyBoard may also undertake additional processes to verify any other claims or statements made by an Eligible Nominee on the Eligible Nominee’s Nomination Form at its sole discretion.
Notification of Winners. No later than June 21, 2024, ApplyBoard will notify certain Eligible Nominees that they have been selected as potential Winners, subject to these Terms. ApplyBoard will notify such potential Winners by email at the email address provided in their Nomination Forms (such notice, a “Qualifying Notice”). Receipt of a Qualifying Notice does not mean that an Eligible Nominee will be selected as a Winner. On receipt of a Qualifying Notice, an Eligible Nominee will have an opportunity to be declared as a Winner by satisfying the terms and conditions set out in Section 4.4.
Declaration as a Winner; Disqualification.
The Eligible Nominee must, within seven (7) business days of the date that ApplyBoard has sent to the Eligible Nominee the Qualifying Notice:
provide written acceptance to be selected as a Winner; and
sign and return by email to ApplyBoard a consent, declaration and release form that will be provided by ApplyBoard in the Qualifying Notice. The consent, declaration and release form will, among other things: (i) release ApplyBoard and related Releasees from any and all liability in connection with the Eligible Nominee’s Alumni Award; and (ii) require the Eligible Nominee to agree to further marketing, advertising and publicity activities, including but not limited to publication, disclosure and use of the Eligible Nominee’s submitted Short Answers, name, country of residence, former school, likeness, photograph, voice, and statements regarding the International Alumni of Impact Program, without notice or compensation, in any manner whatsoever, including print, broadcast or the internet.
If an Eligible Nominee that has received a Qualifying Notice:
fails to properly sign and return to ApplyBoard the aforementioned consent, declaration and release form within the timeline specified above;
does not respond to a request by ApplyBoard for information or additional documentation promptly on the date of ApplyBoard’s request therefor;
cannot accept an Alumni Award for any reason;
has submitted or communicated any information (whether in its Submission or in subsequent communication with ApplyBoard) that ApplyBoard reasonably believes is untrue, misleading, deceptive or fraudulent;
in the reasonable opinion of ApplyBoard, violated applicable laws, or if ApplyBoard reasonably believes that reception of the Alumni Award to the Eligible Nominee would violate applicable laws or the rights of any third party or be the subject of a claim or any litigation; or
fails to comply with or breaches these Terms (including breaching the representations and warranties herein),
then the Eligible Nominee will be disqualified (and will be deemed to forfeit all eligibility and opportunity to be nominated and selected as a Winner). In such a case, ApplyBoard reserves the right (but has no obligation) to select an alternate potential Winner from all remaining eligible Submissions, in its discretion, using the same criteria as set out in Section 4.1 of these Terms. If an Eligible Nominee that has received a Qualifying Notice has complied with these Terms and satisfies the conditions set out in Section 4.4.1 and is not disqualified pursuant to these Terms, such Eligible Nominee will be declared a recipient of an Alumni Award.
Winner Announcement. The Eligible Nominees who ApplyBoard and the judging panel have determined, at their sole discretion, submitted the Short Answers which best respond to the Short Answers Content Requirements and who have then been validated as eligible and declared as Winners pursuant to Section 4.4 (such Eligible Nominees, the “Winners”) will be officially recognized by ApplyBoard as recipients of the Alumni Awards through a variety of marketing activities and channels, which could include press releases, social media video content, and/or other marketing promotion as determined by at ApplyBoard.
Disqualification of a Declared Winner.Declaration of an Eligible Nominee as a Winner does not unconditionally entitle or guarantee the Eligible Nominee an Alumni Award. Notwithstanding that an Eligible Nominee has been declared a Winner, ApplyBoard reserves the right to disqualify a declared Winner and not award such disqualified Eligible Nominees an Alumni Award at any time and for any reason, and ApplyBoard equally reserves the right to disqualify a declared Winner who receives an Alumni Award at any time and for any reason, including if:
ApplyBoard discovers that the Winner communicated or submitted any untrue, misleading, deceptive or fraudulent information in its Submission or in subsequent communications between the Eligible Nominee and ApplyBoard;
ApplyBoard discovers that the Winner has violated applicable laws, or ApplyBoard reasonably believes that awarding of the Alumni Award to the Winner would violate applicable laws or the rights of any third party or be the subject of a claim or any litigation;
ApplyBoard discovers that the Eligible Nominee has a criminal history or otherwise has a reputation that may negatively affect ApplyBoard’s image; or
ApplyBoard discovers that the Winner otherwise failed to comply with or breached these Terms (including breaching the representations and warranties made herein).
License to Alumni Materials; Intellectual Property; Publicity; Other Short Answers Requirements
License to Use Alumni Materials and Publicity. By providing a Submission to ApplyBoard, each Eligible Nominee grants to ApplyBoard and any person acting within ApplyBoard’s authority and permission (the “Licensees”) a perpetual, non-exclusive, irrevocable, royalty-free, transferable, worldwide license, permission, authorization and right to publish, post, broadcast, publicize, display, disclose, reproduce, modify, edit, alter, create derivative works of or otherwise use any or all aspects of the Eligible Nominee’s submitted Short Answers, the Eligible Nominee’s name, photograph, image, likeness, biographical information (including country of residence, the name of the institution the Eligible Nominee graduated from, and the Eligible Nominee’s current employment), any statement the Eligible Nominee made in the Short Answers or otherwise regarding the International Alumni of Impact Program and/or the Eligible Nominee’s voice (collectively, the “Alumni Materials”), in any medium (including, but not limited to, print and electronic media) and format (including text, photograph, audio and/or video) and through any channel or platform, including but not limited to through press releases, ApplyBoard’s website, social channels and other promotional channels, for publicity, media, marketing, promotional and advertising purposes, in all cases, without any attribution or compensation to the Eligible Nominee. Under the foregoing license, ApplyBoard may alter, modify or create derivative works from the Alumni Materials and undertake the activities described in this Section 5.1 with respect to the Alumni Materials, as altered or modified by ApplyBoard. Each Eligible Nominee waives any right to review or approve any derivative works made by ApplyBoard from the Alumni Materials and/or alterations or changes made by ApplyBoard to the Alumni Materials.
Intellectual Property. As between ApplyBoard and the Eligible Nominee: (i) the Eligible Nominee is the owner of the Short Answers that the Eligible Nominee has submitted to ApplyBoard, and licenses the Short Answers to ApplyBoard pursuant to Section 5.1; and (ii) ApplyBoard is the exclusive owner of all right, title and interest in all derivative works created by ApplyBoard from the Alumni Materials, including all intellectual property rights. The Eligible Nominee waives all moral rights in the Alumni Materials in favour of ApplyBoard.
Rights Granted by all Nominees. For certainty, the license and rights granted to ApplyBoard in this Section 5 are granted by all Eligible Nominees submitting a Submission to apply for an Alumni Award; not only Winners.
Other Short Answers Requirements. Each Eligible Nominee represents and warrants to ApplyBoard that the Short Answers submitted by the Eligible Nominee: (i) is not defamatory, libelous, offensive, disparaging or threatening, and does not contain any content that is inappropriate, indecent, profane, tortious or discriminatory, and does not promote hatred or harm against any individual or group; (ii) does not contain any content, material or element that is unlawful or otherwise in violation of applicable laws; (iii) does not contain any contain, material or element that displays any advertising, slogan, logo, or trademark, or otherwise indicate a sponsorship or endorsement by any commercial entity; (iv) is an original, unpublished work solely created by the Eligible Nominee, and that all right, title and interest (including copyright) therein and thereto is owned solely and exclusively by the Eligible Nominee, and that the Eligible Nominee has the right to submit the Short Answers and grant the license contemplated by these Terms; (v) does not contain any content, element or material that infringes, violates or misappropriates any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; and (vi) is not subject to any actual or threatened litigation or claim. Each Eligible Nominee represents and warrants to ApplyBoard that all consents required under applicable law have been obtained for the collection, disclosure and use in accordance with these Terms of any personal information included in the Nomination Form and Short Answers submitted by the Eligible Nominee. ApplyBoard reserves the right to disqualify any Eligible Nominee from eligibility for an Alumni Award on the basis that ApplyBoard reasonably believes that any of the foregoing representations and warranties have been breached or are untrue.
Release, Exclusion of Liability and Indemnification. To the fullest extent permitted by law, each Eligible Nominee and/or purported Eligible Nominee irrevocably waives all rights relating to any and all claims and actions of whatever nature or kind arising in connection with the International Alumni of Impact Program, the Eligible Nominee’s Alumni Award, these Terms, and ApplyBoard’s use of the Eligible Nominee’s Alumni Materials (including the Eligible Nominee’s name, likeness and personal information as contemplated in these Terms), covenants not to bring any such claim or action against ApplyBoard, its affiliates, or their respective directors, officers, shareholders, employees, agents, representatives and independent contractors (“ApplyBoard Releasees”) and forever releases, discharges and agrees to hold harmless the ApplyBoard Releasees from any and all liability or damages of whatever nature or kind for any such claim or action. Each Eligible Nominee and/or purported Eligible Nominee agrees to fully indemnify and hold harmless the ApplyBoard Releasees from any and all third party claims, actions, liabilities or damages of whatever nature or kind arising in connection with the Eligible Nominee’s Submission, the Eligible Nominee’s Alumni Award, Alumni Materials or other acts and omissions in connection with the International Alumni of Impact Program or breach or failure to comply with these Terms (including, for certainty, breach of the representations and warranties made to ApplyBoard herein).
General Terms.
Right to Amend. ApplyBoard reserves the right, in its sole discretion, to amend these Terms without prior notice.
Right to Modify, Cancel or Terminate. ApplyBoard reserves the right, in its sole discretion, to void any Submission and/or withdraw, cancel, suspend, modify, extend or terminate the International Alumni of Impact Program in whole or in part in any way at any time without prior notice in the event of an accident or error of any kind (whether technical, administrative or otherwise), technical problem, computer virus, bug, tampering, unauthorized intervention, fraud, technical failure, government orders related to the COVID-19 pandemic, occurrence of any event outside the reasonable control of ApplyBoard or any other cause which ApplyBoard determines in its sole discretion, interferes with or affects the proper conduct, security, fairness or integrity of the International Alumni of Impact Program. Without limiting the foregoing, ApplyBoard reserves the right, in its sole discretion, and without prior notice, to adjust any of the dates and/or timeframes set out in these Terms, to the extent reasonably necessary, for purposes of verifying compliance by any Eligible Nominee with these Terms, or as a result of technical problems, or in light of any other circumstances which, in the opinion of ApplyBoard in its sole discretion, affect the proper administration of the International Alumni of Impact Program.
ApplyBoard Decisions.The decisions of ApplyBoard with respect to all aspects of this International Alumni of Impact Program are final and binding on all Eligible Nominees without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Nominees and/or Submissions and the evaluation and judging of Submissions.
Applicable Laws. This International Alumni of Impact Program is subject to all applicable federal, provincial, state, municipal and local laws and regulations. The International Alumni of Impact Program is void where prohibited.
Internet and Disclaimer. The ApplyBoard Releasees are not responsible for any malfunction of the Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Nomination Forms due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit the Eligible Nominee’s ability to submit a Submission. The ApplyBoard Releasees are not responsible for the policies, actions, or inaction of others, which might prevent the Eligible Nominee from making or submitting a Submission, being eligible for nomination, and/or being selected as a potential or actual Winner.
Compliance with Laws and Terms; Untrue Statements; Unfair Practices.
All Eligible Nominees submitting a Submission must comply with applicable laws and these Terms. ApplyBoard reserves the right to immediately disqualify an Eligible Nominee from being selected as a Winner if ApplyBoard reasonably believes that the Eligible Nominee has violated or breached applicable laws or any provision of these Terms (including, for certainty, breached the representations and warranties made under these Terms).
All Eligible Nominees submitting a Submission must provide only true and accurate information in their Submissions and communications with ApplyBoard. ApplyBoard reserves the right to immediately disqualify from eligibility to be nominated and selected as a Winner any Eligible Nominee that ApplyBoard reasonably believes has provided or communicated any false, untrue, misleading, deceptive or fraudulent information, whether in the Submission or in other communications to ApplyBoard or the third party who nominated them, where applicable.
ApplyBoard reserves the right to immediately disqualify from eligibility to be nominated and selected as a Winner any Eligible Nominee that ApplyBoard reasonably believes has (i) attempted to undermine or interfere with the International Alumni of Impact Program in any manner, including by cheating, deception, tampering with the Site, Submission process or any other aspect of the International Alumni of Impact Program, or undertaken any other unfair practices; or (ii) annoyed, abused, threatened or harassed other Eligible Nominees, ApplyBoard, or the judging panel.
Privacy. Each Eligible Nominee consents to and expressly agrees that their personal information submitted with a Submission, including, without limitation, their name, country of residence and email address may be collected, processed, stored and otherwise used by ApplyBoard and its agents and/or representatives for the purposes of conducting and administering the International Alumni of Impact Program and communicating with the Eligible Nominee with respect thereto. Each Eligible Nominee further consents and agrees to disclosure, publicizing and other use of certain of their personal information as set out in Section 5 of these Terms.
Notices. ApplyBoard will provide any notices contemplated by these Terms by email to the email address specified by each Eligible Nominee in its Nomination Form, and/or by any other means determined by ApplyBoard. Such notices shall be deemed effective and received by an Eligible Nominee at the time they are sent by ApplyBoard, as recorded by ApplyBoard. ApplyBoard is not responsible for any failure by an Eligible Nominee to receive a notice sent by ApplyBoard for whatever reason, including, without limitation, due to any automatic spam-filtering that may be applied by an Eligible Nominee, its email provider, its internet service or network provider or any other provider (including a social media provider). If an Eligible Nominee has any questions regarding the International Alumni of Impact Program or these Terms, the Eligible Nominee may contact ApplyBoard at alumniofimpact@applyboard.com.
Governing Law and Forum. These Terms will be governed by the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. All disputes arising out of or in connection with these Terms or the International Alumni of Impact Program shall be resolved exclusively in the jurisdiction and venue of the courts in Toronto, Ontario and each Eligible Nominee irrevocably consents to such jurisdiction and venue.
Severability; Waiver. In the event that any provision of these Terms, or part thereof, is deemed, invalid, illegal or unenforceable by a court, these Terms will continue in force with respect to the enforceable provisions, and any non-enforceable provision will, to the extent permitted by law, be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal or unenforceable provision.No failure or delay by ApplyBoard in exercising any right or enforcing any provision of these Terms will constitute a waiver of that right or provision.A waiver of any default, breach or non-compliance under these Terms is not effective unless in writing and signed by ApplyBoard. The waiver by ApplyBoard of any default, breach or non-compliance under these Terms will not operate as a waiver in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).
Social Media Disclaimer. The International Alumni of Impact Program is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter, YouTube or any social media platform. All such third parties are released of any liability by each Eligible Nominee in this International Alumni of Impact Program. All questions, comments or complaints regarding the International Alumni of Impact Program must be directed to ApplyBoard and not to such third parties.
Force Majeure. ApplyBoard will not be liable for delays caused by any event beyond its reasonable control, including, for example, an act of God, act of government, pandemic, epidemic, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay or denial of service attack.
Interpretation. The term “includes” and “including” mean, respectively, “include without limitation” and “including without limitation”. Headings are for reference purposes only and have no substantive effect.
