ONYX BUSINESS ACADEMY

SCHOLARSHIP GIVEAWAY

TERMS AND CONDITIONS 

ABOUT THE SCHOLARSHIP GIVEAWAY:

Welcome to the Onyx Business Academy Scholarship Giveaway Contest (hereinafter referred to as “OBA-S”)!  The website for the scholarship contest is located at: https://www.joshuaoakwood.com/onyx-giveaway (the “Site”), which is comprised of various web pages operated by Onyx Business Academy ("Onyx"), the “Sponsor”.  The Owners of the Sponsor for the Scholarship Giveaway Contest are Haley O'Neill and Joshua Cusumano.

OBA-S is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site and your participation in OBA-S constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. 

 

OFFICIAL RULES AND ELIGIBILITY:

The Onyx Sweepstakes and Scholarship Giveaway Contest (“Sweepstakes”) is open to people at least eighteen (18) years of age or older at the time of entry (“Participant”). Participants can be from any country, except where prohibited. Internet access is required to participate.  Void where prohibited or restricted by law. 

The potential winners cannot have previously won any other Onyx contest or sweepstakes. This Sweepstakes and Contest is subject to all applicable federal, state and local laws and regulations.  Non-natural persons (including corporations, government entities, non-profits, and other business entities) and employees, officers, and directors of Onyx, its affiliates, subsidiaries, and its parent, and/or advertising and promotion agencies, and any other people or entities who are engaged directly or indirectly in the development of, the production, distribution, or review of materials for, or the administration, execution, or implementation of this Sweepstakes and their respective immediate family and persons living in their same household are prohibited from participating in the Sweepstakes and Contest.  No use of robotic, automatic, programmed, or the like entry methods will be allowed.  Incomplete entries and entries from persons who are not eligible to win per these official rules will be disqualified.   Onyx reserves the right in its sole discretion to disqualify any individual who: (i) tampers or attempts to tamper with the operation of the Sweepstakes, including the entry process or the Sponsor’s website or affiliated websites, platforms, channels or mobile or over-the-top applications; (ii) violates the Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE AS A PARTICIPANT OR OTHERWISE ANY WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

ARBITRATION NOTICE:  BY ENTERING AS A PARTICIPANT, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY SWEEPSTAKES ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION. SEE DISPUTES/ARBITRATION PROVISION CONTAINED HEREIN.

All participation in this Sweepstakes and Contest is governed by these Official Rules. By participating, you fully and unconditionally agree to be bound to and accept these Official Rules and any additional terms and conditions specific to the Sweepstakes communicated by Onyx, and you agree to be bound to the decisions of Onyx and its authorized representatives, which are final and binding in all matters. By entering the Sweepstakes, you agree to be contacted by Sponsor with Sweepstakes related communications.

 

STEPS REQUIRED FOR ENTRY INTO OBA-S:

 
Step 1: Follow both Joshua and Haley on Instagram:@haleymadison and @joshua.oakwood. 

Step 2: Visit the Site at https://www.joshuaoakwood.com/onyx-giveaway and enter your name, email address, and Instagram handle. 

Step 3: After entering said information, you will be taken to the scholarship application page. Fill out and submit the application electronically. 

Once you have submitted the OBA-S application, Onyx will review your application and determine, at their sole discretion, if you are eligible to enter. Any applicants which Onyx deems unsuitable as an OBA student, for any reasons or means whatsoever, as determined by Onyx at their sole discretion, will not be eligible.

Any applicants who are past OBA students, current OBA students, or are already enrolled to be an OBA student in the future, will be eligible to enter OBA-S, however, will not be eligible or entered into the draw for Prize 1 or Prize 6.

Submitting your application to the OBA-S gives you one entry into the OBA-S.  You can take steps to obtain additional entries for OBA-S, outlined below.  All Entries become the property of Sponsor and will not be returned to you.

Once it is deemed you are an eligible applicant, you are then officially entered into the giveaway Sweepstakes Contest.

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AS OF THE APPLICABLE DRAWING DATE DEADLINE stated below.  Normal internet access or device usage charges imposed by mobile carriers may apply to Entries submitted via mobile device. Messaging and data rates apply to internet access via mobile devices. Other charges may apply; check with the applicable mobile carrier for rates/details. Consent may not be a condition of purchase or imposition of messaging, data rates and other charges imposed by mobile carriers.

Onyx is not responsible for any undelivered messages, emails or any other communications, including but not limited to those that are not received because of the potential winner’s privacy or spam filter settings that may divert any notification or other Sweepstakes related email to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules. Onyx is not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission (including availability or accessibility of the internet), incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Sweepstakes or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or element thereof and select the winner from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising or promotional materials relating to this Sweepstakes, these Official Rules shall govern.

This scholarship giveaway is not sponsored in any way by any social media platform utilized in this giveaway. You understand that all information is being provided to Onyx and not to Facebook, Instagram, Twitter, YouTube, Google or any other social media where this Sweepstakes and Scholarship Contest may be promoted, advertised or otherwise used to disseminate information relating to the Sweepstakes and Contest. Onyx is not responsible for practices, terms or actions taken by any of these or other social media and web services sites. You understand that you are required to comply with terms and conditions of those social media platforms. 

 

STEPS TO OBTAIN ADDITIONAL ENTRIES FOR OBA-S:

You have the opportunity for additional entries into the OBA-S. These additional steps are not required to win anything included in the OBA-S, however they may increase your chances of winning. You may participate in one or more additional steps for extra entries to OBA-S.

Additional Step 1: Follow Josh and Haley on Instagram: @haleymadison and @joshua.oakwood. By following both Josh and Haley, you will receive one extra entry to OBA-S. 

Additional Step 2: Comment on Josh and Haley’s most recent Instagram post, tag two coaches/friends that you feel would benefit from the opportunity. By doing this, for every three people you tag you will receive one extra entry to OBA-S, up to a maximum of 5 entries. 

Additional Step 3: Post on your Instagram stories that you applied for the OBA-S and tag both Josh and Haley on Instagram: @haleymadison and @joshua.oakwood. By doing this, you will receive one extra entry to OBA-S.

Additional Step 4: Repost on your Instagram stories/feed an in-feed Instagram post from Josh that inspires you or an in-feed Instagram post from Haley that inspires you. You must tag both Josh and Haley on Instagram: @haleymadison and @joshua.oakwood in each story/post. By doing this, you will receive one extra entry to OBA-S. 

In order for Onyx to register your completion of Additional Step 3 and Additional Step 4, they must be notified via Instagram. To do so, ensure that both @haleymadison and @joshua.oakwood are tagged in the content. Onyx is not responsible for any content that is created but fails to notify Onyx, under any circumstances. Onyx is committed to accounting for and registering each and every Additional Step completed by applicants, but takes no responsibility whatsoever for human error in documenting and accounting for the completion of Additional Steps.

 

THE PRIZES: 

The Site is a Scholarship Contest and Sweepstakes Site and OBA-S will provide 10 prizes as follows: 

1. Full Onyx Business Academy Scholarship (Currently valued at $9,500.00)
2. 90 Minute 1:1 Strategy Session (Currently valued at $2,500)
3. 60 Minute 1:1 Strategy Session (Currently valued at $2,000)
4. 60 Minute 1:1 Strategy Session (Currently valued at $2,000)
5. $1000.00 USD cash towards your business 
6. $2000 USD off Onyx Business Academy (Valued at $2,000)
7. Blue Yeti Microphone (Currently valued at $250.00)
8. $250.00 to Bali Dog Association (Currently valued at $250.00)
9. 500 Trees Planted (Currently valued at $155.00)
10. A personalized copy review on one piece of content by Josh and Haleys Copywriter (Currently valued at $150.00)

As stated above, not all applicants will be eligible for all prizes; Any applicants not eligible for certain prizes, as determined by these Terms and Conditions, will not have their entries placed into those particular draws.

Prize 1 and Prize 6 are valid for any OBA intake beginning within 2022. 

Furthermore, all applicants are eligible to win only one (1) prize. Onyx will run a separate random draw for each prize, starting with Prize 1, and moving through to Prize 10; The applicant that wins a prize in a draw will have all of their entries into the following draws be removed, so as to ensure 10 separate prize winners.

ALL EXPENSES, FEDERAL, STATE AND LOCAL TAXES AND COSTS ASSOCIATED WITH ACCEPTANCE AND USE OF PRIZE NOT SET FORTH IN THESE RULES ARE THE OBLIGATION OF THE WINNER. No assignment, transfer or substitution of any Prize is permitted by the Winner. Participants agree that if a Winner is found to have violated these Official Rules, or otherwise does not meet the eligibility criteria, such Prize will be forfeited and awarded to an alternate Winner in a random drawing from among all remaining Entries. Onyx reserves the right to substitute any Prize for a different prize of equal or greater value, in its sole discretion.

Because Onyx believes that everyone deserves to be a winner, those who entered within the entry time period, and are suitable applicants, who do not win an OBA-S prize listed above will receive $500 discount off enrollment into the Onyx Business Academy program for the intake starting in July 2022 if they enroll between the dates of May 22, 2022, and May 25, 2022. After these dates, they will receive a $200 discount off enrollment into the Onyx Business Academy program for the next available open semester/term/intake that follows the Sweepstakes and Contest. Please note that being accepted into OBA as a student is done so by application only, and approved at the sole discretion of Onyx - any OBA-S applicant who receives the $200 discount is not automatically accepted as a student in OBA and will follow all relevant application processes to join.

ODDS:

Odds of winning a Prize included in the OBA-S will depend on your eligibility and the number of Eligible Entries received.

SELECTION AND ANNOUNCEMENT OF WINNERS; TIME AND DATES:

The Bali aka Indonesia time zone (GMT + 8 hours) governs the time zone for this scholarship giveaway.  The Sweepstakes entry period is May 16, 2022, beginning at 1:00 p.m to 11:59 a.m. on May 21, 2022.  Any entries received prior to or after that time period will be disqualified.    

On May 22, 2022, Joshua and Haley will determine the Sweepstakes and Contest winners from among all eligible Entries received during May 16 to May 21, 2022 with the use of random draws facilitated by a third-party contest draw service. The Scholarship Contest Applicants will be hand-selected as eligible for prizes based on proven need and other criteria determined by Joshua and Haley, including but not limited to, demonstration of mission-driven coaching and aspirations to coach. All suitable and eligible applicants for any of the ten (10) Sweepstakes prizes will be put into a random drawing for the gifts they are eligible for, as determined by these Terms and Conditions.  

In the event that the Scholarship winner cancels enrollment prior to attending Onyx, the prize is forfeited. In the event that the Scholarship contest winner cancels enrollment following admission into Onyx, the remaining scholarship funds will be forfeited and unused by that Participant for the remainder of the term.

Onyx reserves the right to extend or shorten the Sweepstakes and Contest at its sole discretion.

Prizes will be awarded directly to the winners by email notification and through OBA social channels within five (5) business days of the prize drawing. If a selected winner cannot be contacted, is ineligible, or fails to claim a prize within 48 hours after notification, the prize will be forfeited and an alternate winner may be selected from remaining eligible entries.  Confirmed sweepstakes and contest winners may not exchange prizes for cash or any other merchandise or services. If for any reason the advertised prize is unavailable, OBA reserves the right to substitute a prize of equal or greater value. OBA will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. Prizes are offered “as is” with no written, express, or implied warranty.

The winner will be subject to verification, including verification of age and compliance with these Official Rules. If the winner is deemed by Sponsor to be ineligible or not to have complied with these Official Rules then the prize will be forfeited. Winner must provide Sponsor with all information required to claim the prize (including tax identification information). Winner shall sign and return to Sponsor a liability and publicity release, affidavit of eligibility, and a tax indemnification guarantee (collectively, the “Required Documentation”) by a date determined by Sponsor in form and substance satisfactory to Sponsor. If any of the Required Documentation is not timely completed, signed, and returned, then the prize will be forfeited by the winner. Some prizes may require additional contracts to be signed by winner to be eligible to claim the prizes, such as, but not limited to, coaching contracts.

INDEMNIFICATION AND RELEASE OF/LIMITATION OF LIABILITY:

To the fullest extent permitted by applicable laws, Onyx disclaims liability for any injuries, losses, or damages of whatever nature arising from the following, either directly, indirectly, or consequentially: loss of use, loss of data, damage by Virus, loss, or damage to property, claims of third parties.  BY PARTICIPATING, YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER SWEEPSTAKES ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS, LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, OR OTHER PARTICIPATION IN THIS SWEEPSTAKES. BY ENTERING OR ACCEPTING A PRIZE, YOU COVENANT TO THE FULLEST EXTENT PERMITTED BY LAW NOT TO SUE ANY RELEASED PARTY OR CAUSE THEM TO BE SUED REGARDING ANY MATTER RELEASED ABOVE, AND NOT TO DISAFFIRM, LIMIT OR RESCIND THIS RELEASE. A WAIVER BY ONE OR MORE OF THE SWEEPSTAKES ENTITIES OF ANY TERM IN THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY PARTICIPANT. ANY PROVISION ADJUDGED TO BE INVALID SHALL BE STRUCK FROM THESE OFFICIAL RULES AND THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.

FORCE MAJEURE: 

Sweepstakes Entities shall not be liable to Participants, the Winners, or any other person or entity for failure to execute the Sweepstakes, or supply a prize or any part thereof, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemics, pandemics, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.

ELECTRONIC COMMUNICATIONS: 

Visiting the Site or sending emails to Onyx constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  

MATERIALS PROVIDED TO THE SITE OR POSTED ON ANY ONYX WEB PAGE :

Onyx does not claim ownership of the materials you provide, post, upload, input or submit to the Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Onyx, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, per the terms in the Publicity Release section in this document. 

No compensation will be paid with respect to the use of your Submission, as provided herein. Onyx is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Onyx's sole discretion. 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

PUBLICITY RELEASE: 

By participating in the Sweepstakes, you grant (and agree to confirm that grant in writing, if necessary) Onyx and Onyx’s authorized representatives the right to use your Entry, including any likeness, image, voice, and statements contained therein, for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered, including television, Internet and social media, worldwide, without notice, review or approval and without additional compensation, except where prohibited by law.

INTERNATIONAL USERS:

The OBA-S is controlled, operated, and administered by Onyx from our offices within Bali which is governed by the laws of England and Wales. If you access the OBA-S from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Onyx Content accessed through https://www.joshuaoakwood.com/onyx-giveaway in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. The governing law for this agreement is the law of England and Wales.

CHANGES TO TERMS: 

Onyx reserves the right, in its sole discretion, to change the Terms under which OBA-S is offered. The most current version of the Terms will supersede all previous versions. Onyx encourages you to periodically review the Terms to stay informed of our updates. 

 

PRIVACY POLICY AND TERMS AND CONDITIONS:

 

Your use of the Site is subject to Onyx's Website Terms and Conditions and Privacy Policy. Please review our Terms and Conditions and Privacy Policy at the footer of our site, which also governs the Site and informs users of our data collection practices. 

BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES.

 

ALTERNATIVE DISPUTE RESOLUTION/ARBITRATION: 

 

Any disputes between the parties relating to the terms of these Official Rules, or the breach thereof, shall be submitted to binding arbitration by the ICC in Indonesia.  Onyx and Participants each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. ONYX AND PARTICIPANTS EACH HEREBY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, WHETHER IN COURT OR ARBITRATION. In the event that either party desires to arbitrate any such dispute, such party shall notify the other party and the parties shall endeavor, for a period of 30 days, to resolve such dispute without arbitration. In the event that the parties cannot resolve the dispute within such 30 day period, then within 10 days thereafter, the parties shall jointly designate a single arbitrator to hear the dispute, or, if the parties are unable to jointly select an arbitrator, an arbitrator shall be chosen according to the Arbitration rules of the ICC.  The arbitration, including the rendering of the award, shall take place in Indonesia and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrator shall be final and binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of reasonable attorneys’ fees and costs to the prevailing party) shall be paid by the losing party of such arbitration (as the arbitrator determines). The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, SPONSOR AND PARTICIPANTS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

SEVERABILITY: 

The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.

 

CONTACT US: 

 

Onyx welcomes your questions or comments regarding the OBA-S Terms. You can contact Onyx via email at [email protected]. 

 

ONYX RESERVES ALL RIGHTS. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY ONYX.

Effective as of May 15, 2022