monarch-buttefly

Terms and Conditions

New England Biolabs®, Inc.'s Monarch® Scholarship® Campaign

(“Scholarship Campaign”)

Terms and Conditions

(“Terms”)

NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. MAKING A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.

YOUR ENTRY IN THIS SCHOLARSHIP CAMPAIGN MEANS THESE TERMS FORM A BINDING LEGAL CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THESE TERMS AND THIS CONTRACT PROVIDE FOR YOUR INDEMNIFICATION OF NEB AND OTHER RELATED PARTIES, THE WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.

New England Biolabs, Inc. (“NEB”), located at 240 County Road, Ipswich, MA 01938, is the sponsor of the Scholarship Campaign.

  1. Entrant Eligibility.

The Scholarship Campaign is open only to life science professionals who are legal residents of one of the 50 United States (“US”), the District of Columbia (“DC”) and/or Puerto Rico (“PR”) who at the time of entry are at least 18 years old and the age of majority in their legal state of residence, and who submit Submission Material (defined below) during the Scholarship Campaign Entry Period (defined below) in accordance with these Terms. The following categories of individuals may not participate in this Scholarship Campaign: (a) Directors, officers, employees, contractors, and agents of NEB, or any of its subsidiaries or affiliated companies and their immediate family and their household members; (b) Healthcare Professionals (clinical or non-clinical physicians, physician assistants, nurses, technicians, research coordinators, administrators and purchasing personnel, etc.) and entities (including hospitals, rehabilitation centers, nursing facilities, home health agencies, clinics and group purchasing organizations, managed care organizations, physician group practices, medical directors for health insurance organizations, etc.) and their employees and representatives who are involved in the actual provision of health care services; (c) Government Officials (i) any officer or employee of a government or any department, agency or instrument of a government; (ii) any person acting in an official capacity for or on behalf of a government or any department, agency, or instrument of a government; (iii) any officer or employee of a company or business owned in whole or part by a government; (iv) any officer or employee of a public international organization, such as the World Bank or United Nations, the European Union or the World Health Organization; (v) any officer or employee of a political party or any person acting in an official capacity on behalf of a political party; and/or (vi) any candidate for political office).

The Scholarship Campaign is subject to all applicable federal, state, and local laws and regulations.

Entrants must be individuals. Groups are not permitted to enter. If an entry and its Submission Material (defined below) is based on group research or work, or a group project, then only one (1) individual group member may enter the Scholarship Campaign using the applicable Submission Material. There may not be multiple entrants for the same Submission Material or underlying group research or work, or group project.

Participation constitutes entrant’s (“you” or “your”) full and unconditional agreement to these Terms and NEB’s decisions, which are final and binding, in all matters related to the Scholarship Campaign. Winning a Prize (defined below) is contingent upon your fulfillment of all requirements set forth herein.

By participating in the Scholarship Campaign, you represent that you are not prohibited by law, regulation, contract, policy, or terms of employment from participating in the Scholarship Campaign and, as applicable, from winning or receiving a Prize from NEB. If you are a United States federal government employee, you are subject to the Office of Govt Ethics (OGE) regs at 5 C.F.R. 2635.201-206 (Standards of Ethical Conduct for Employees of the Executive Branch) and may be subject to additional agency-specific supplemental regulations, which you should refer to prior to participation in the Scholarship Campaign and which may prohibit you from receiving a Prize. The Scholarship Campaign cannot be combined with any other discounts or promotions. The Scholarship Campaign is void where prohibited, licensed, or restricted by federal, state, local law or regulation or agency/institutional policy or terms of employment. Other restrictions may apply. Determination of eligibility and validity of your participation in the Scholarship Campaign, Winner (defined herein) selection, and receipt of a Prize is at NEB’s sole discretion.

  1. The Scholarship Campaign Entry Period.

The Scholarship Campaign entry period starts on March 10, 2025 at 12:01 a.m. Eastern Time (“ET”) and ends on May 1, 2025 at 11:59 p.m. ET (the “Scholarship Campaign Entry Period”). Entries received outside the Scholarship Campaign Entry Period will be void and will not be considered. NEB is the official timekeeper for the Scholarship Campaign.

  1. How to Enter the Scholarship Campaign.

During the Scholarship Campaign Entry Period, to enter the Scholarship Campaign and be considered for a Prize you must complete all of the following tasks: (a) access the online Scholarship Campaign site at neb.com/monarchscholarship; (b) enter your first and last name, email address, and mailing address (c) check the box to agree to the Terms of the Scholarship Campaign; (d) describe in your submission your Nucleic Acid Purification Project (“Project”) in detail, including how you are involved and how your Project exemplifies the three evaluated categories of Performance, Sustainability and Value (see Section 6 for further details) e) supply supporting materials to help provide more detail about your Project, including descriptions, images, graphics, videos, and other forms of substantiation, as appropriate; (f) verify the substantive nature of your Project; and (g) follow the prompts to submit your information, materials and entry. Your information, materials and entry submitted pursuant to (d) through (e) of this Section 3 are collectively referred to as "Submission Material." NEB will not necessarily acknowledge receipt of entry, which includes your Submission Material. Submission Material that contains or communicates obscene, offensive, or other similarly inappropriate language and/or images (as determined by NEB at its sole discretion) will be void and disqualified.

  1. Maximum Number of Entries.

There is a maximum of one (1) entry during the Scholarship Campaign Entry Period per person and/or per Project.

  1. Your Entry and Submission Material.

Submission Material must: (a) be your original work product, including not generated by any artificial intelligence program; (b) be solely owned by you and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. You will not directly or indirectly include in your Submission Material in any way any trademark, logo, or intellectual property unless owned exclusively by you or any information identifying a natural person other than you unless you obtain prior written permission to include such information in your Submission Material from the other identified person. Your Submission Material must not attempt to duplicate any other entry or third-party work. If someone other than you has taken, captured or created the content contained within your Submission Material, you must have prior written permission from such person to submit such content as part of your Submission Material, and you must be able to obtain a signed release from such person and provide such release to NEB upon NEB’s request. NEB reserves the right at its sole discretion to disqualify any entry of Submission Material: that is a duplicate or substantially similar to another entry; includes any material in possible violation of any third-party’s rights; contains any illegal or offensive content or activity; is obscene, demeaning, defamatory, discriminatory, inappropriate or disparaging to any person or entity; or is likely to incite violence, is illegal or is threatening or harassing.

  1. Scholarship Campaign Winner Selection and Results.

After the end of the Scholarship Campaign Entry Period on or about the week of May 1, 2025, (the “Scholarship Campaign Review Period”), NEB will begin review and evaluation of Submission Material from all valid entries. NEB will choose up to three (3) total winner(s) (“Winners”). NEB reserves the right to modify the number of Winners in the event that an insufficient number of entries meet the minimum standards set forth below.

Winners will be chosen by an impartial committee of NEB employees qualified to judge the entries based on the criteria set forth below. The judges will assess each entry, providing equal weight of 33.33% to the following criteria:

  • Performance– How is your Project important to you and others? Why did you take the Project on? What drives you to succeed in this endeavor?
  • Sustainability – How is your Project helping to care for the planet?
  • Value – How is your Project supporting your community and/or adding value for others?

During the week of May 25, 2025, NEB will notify each potential Winner by email using the email address the potential Winner used to enter the Scholarship Campaign. If a potential Winner does not respond to NEB’s notification within forty-eight (48) hours of contact, the potential Winner’s entry may be disqualified, and NEB may, at its sole discretion, select an alternate Winner, that being the entrant with the next highest cumulative score.

WINNER’S ELIGIBLITY IS SUBJECT TO VERIFICATION BY NEB, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SCHOLARSHIP CAMPAIGN.

Scholarship Campaign entrants may request the Scholarship Campaign results by sending an email to: info@neb.com and inserting the Scholarship Campaign’s name and “Scholarship Campaign Results” in the header. Requests for Scholarship Campaign results must be received within sixty (60) calendar days after the end of the Scholarship Campaign Entry Period.

There will be up to three (3) total scholarships of $2,025 USD each awarded to further support a Winner’s Nucleic Acid Purification Project (each a “Scholarship Prize”).

If a Winner cannot or declines to accept the Scholarship Prize, NEB will donate $2,025 USD to a mutually agreed upon charity (“Charity Prize”) in lieu of providing the Winner a Scholarship Prize. The Scholarship Prize and the Charity Prize are referred to in these Terms as a “Prize” and collectively the “Prizes.”  Associated terms, conditions, releases and affidavits may apply to receipt and/or use of the Prize and will be provided to Winners prior to their receipt and/or use of a Prize.

A Winner is limited to receiving one (1) Prize (i.e. a maximum award of $2,025 USD) in connection with the Scholarship Campaign.

No more than the stated number of Prizes will be distributed with NEB’s discretion to award fewer Prizes.

Total approximate retail value of each Prize is approximately: $2,025 USD.

  1. Prize Disclaimer.

A PRIZE IS OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

Prizes will be provided to a Winner in the form of an NEB check made out to the Winner personally in the name as listed in the entry. All Prizes are deemed delivered upon Winner’s receipt. It is not NEB’s responsibility to confirm Winner checks have been cashed. Any claim to a purported lost, mutilated, missing, unclaimed or stolen Prize must be received within forty-five (45) days of notification of winning or will be ignored. Prizes that are uncashed after one hundred and eighty (180) days are void and will not be replaced or reissued. All federal, state, and local taxes are the sole responsibility of a Winner. Prizes are non-transferable. A Scholarship Prize must be used towards furtherance or support of the Winner’s Nucleic Acid Purification Project.

  1. Entry Conditions and Release.

Unless otherwise provided for in these Terms, all entries, which include the Submission Material (but, for clarity, not your underlying research project), become the property of NEB and will not be acknowledged or returned. Entries beyond the permitted number are void.

By entering, you agree to: (a) comply with and be bound by these Terms and the decisions of NEB which are binding and final in all matters relating to the Scholarship Campaign; (b) release and hold harmless NEB, and its subsidiary and affiliated companies, and its and their officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to your participation in the Scholarship Campaign, including your Submission Material, and/or your acceptance, use or misuse of any Prize or any NEB product.

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by you, or programming associated with or used in the Scholarship Campaign; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Scholarship Campaign; (d) technical or human error, which may occur in the administration of the Scholarship Campaign or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from your participation in the Scholarship Campaign or receipt or use or misuse of any Prize or any NEB product; or (f) entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or failure to monitor an email account. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another entry in the Scholarship Campaign or future award campaigns.

  1. Limitations of Liability.

BY ENTERING THE SCHOLARSHIP CAMPAIGN, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY, OR  UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES SUSTAINED BY YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF THE SCHOLARSHIP CAMPAIGN, ANY PRIZE, OR ANY NEB PRODUCT, NEB’S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS RELATING TO THE SCHOLARSHIP CAMPAIGN, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT NEB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS.

BY ENTERING THE SCHOLARSHIP CAMPAIGN, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SCHOLARSHIP CAMPAIGN, ANY PRIZE, OR ANY NEB PRODUCT WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWENTY USD ($20.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

FOR CALIFORNIA ENTRANTS: YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE US ARE HEREBY EXPRESSLY WAIVED BY YOU AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:

CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

  1. Binding Arbitration Agreement and Class Action Waiver.

Except where prohibited by law, as a condition of participating in the Scholarship Campaign, you agree that:

Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Scholarship Campaign, including without limitation any Prize awarded or not, will be resolved through final, binding arbitration. You specifically agree that, except as otherwise provided herein, your entry in the Scholarship Campaign waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury (“Arbitration Agreement”).

This Arbitration Agreement will be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will commence and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. If JAMS’ criteria are met by the nature of the dispute, you agree that the arbitration will be conducted under JAMS Streamlined Arbitration Rules & Procedures. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.

You and NEB will each pay the fees for its own attorneys, subject to any remedies to which you or NEB may later be entitled under applicable law. However, if you are unable to pay JAMS’ costs, NEB will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of you and NEB.

Neither you nor NEB will be permitted to obtain awards, and you and NEB hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Scholarship Campaign). You and NEB further waive all rights to have damages multiplied or increased.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and NEB. Additionally, the arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence will not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction will have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with NEB.

Excluded Disputes.  Notwithstanding the binding arbitration requirement set forth in this section, you may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.

Class Action Waiver. To the fullest extent permitted by applicable law, you and NEB each agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any claim or dispute to be brought, heard, or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and NEB. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which you or NEB is entitled under applicable law, but remedies will be limited to those that would be available to a party in the party’s individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with NEB.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Scholarship Campaign, must be filed within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one (1) year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Waiver of Jury Trial. BOTH YOU AND NEB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. You and NEB are instead mutually electing that all disputes, claims, or requests for relief will be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement and these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location of Arbitration. You may choose to have the arbitration conducted by video conference technology such as zoom or based on written submissions. Otherwise, the location of the arbitration proceeding will take place in the city or state where you reside, unless you and NEB agree otherwise, or at another mutually agreed upon location.

Governing Law. These Terms and any disputes between you and NEB will be governed by the laws of the Commonwealth of Massachusetts, US without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts, US, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, US. 

  1. Use of Your Entry and Promotion Publicity.

Except where prohibited by law, you agree that your participation in the Scholarship Campaign, and your submission of an entry, including your Submission Material, constitutes your consent and your grant, in perpetuity, to NEB (including without limitation, NEB’s subsidiaries, affiliates, successors, assignees, and/or licensees) to: (a) use of your, name, likeness, photograph, voice, verbal or written comments, opinions and/or hometown and state (“NIL”) for all NEB purposes in any medium or media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, credit, payment or consideration, including without limitation in a publicly available winner list and a livestreamed Winner presentation, as determined in NEB’s sole discretion; (b) publish, use, modify, copy, display, share, broadcast, and prepare derivative works of your Submission Material, in whole or in part and in any way, for all NEB purposes in any medium or media (whether now known or invented in the future), worldwide, without further limitation, restriction, permission, notice, review, approval, credit, payment, compensation or consideration, as determined in NEB’s sole discretion. However, NEB is not required to exercise such use rights under (a) or (b). NEB has no obligation to preserve, return, keep confidential or otherwise make available to you or others your entry. By participating in the Scholarship Campaign, and submitting your entry, including the Submission Material, you waive all legal and equitable rights related to any expectations of privacy, infringement of moral rights, defamation, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world with respect to your entry, NIL, and participation. You agree to hold NEB and the Released Parties harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with NEB’s use of your entry, NIL and participation. Further, you may be required to execute and return to NEB a supplemental release confirming your consent to NEB’s use rights.

  1. General Conditions.

Your entry must comply with NEB’s Terms of Use and privacy-policy and/or any third-party platform provider’s terms of service/use and privacy policies. NEB reserves the right to: cancel, suspend and/or modify the Scholarship Campaign, or any part of it, if any fraud, technical failures or any other factor beyond NEB’s reasonable control impairs the integrity or proper functioning of the Scholarship Campaign; to change or modify these Terms with such change effective immediately upon posting to this webpage; and to terminate, or shorten or extend the duration of the Scholarship Campaign, as determined by NEB, at its sole discretion. NEB reserves the right, at its sole discretion, to disqualify any person it finds to be tampering with the entry process or the operation of the Scholarship Campaign or to be acting in violation of these Terms or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Scholarship Campaign may be a violation of criminal and civil law and, should such an attempt be made, NEB reserves the right to seek damages from any such person to the fullest extent permitted by law. NEB’s failure to enforce any provision of these Terms will not constitute a waiver of that provision.

For any Scholarship Campaign related questions please email info@neb.com.

Products and content are covered by one or more patents, trademarks and/or copyrights owned or controlled by NEB. The use of trademark symbols does not necessarily indicate that the name is trademarked in the country where it is being read; it indicates where the content was originally developed. The use of any product may require you to obtain additional third-party intellectual property rights for certain applications.