Sponsor’s decisions will be final on all matters relating to this Contest. Essay Contest winners will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release. If a potential winner fails to return such documents within seven days, or the potential winner is found to be ineligible, or if he/she does not comply with the Official Terms and Conditions, then the potential winner will be disqualified, and an alternate winner will be selected, if circumstances permit.
Winners will also have to make himself/herself available for media interviews and public relations activities, if appropriate. Except where prohibited by law, the entry from a winning entrant and acceptance of an award constitutes permission for the Sponsor to use the name, photograph, likeness, essay, statements, biographical information, voice, and city and state address of said winners (collectively “Publicity Materials”) on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
Essay Contest participants agree that his/her essay or statements may be used in whole or in part and may be paraphrased, amplified, shortened, and/or put into conversational form to meet the requirements of copy, layout and/or script, provided their general sense is not changed, and hereby waive any right to inspect and approve finished Publicity Materials, and winners will not hold Sponsor responsible for any liability resulting from the use of the Publicity Materials.
All Publicity Materials developed or used hereunder will be and remain Sponsor’s property, and the student winners specifically understand and agree that any copyrightable Publicity Materials will be works “made for hire” and the Contest winners will retain no ownership rights whatsoever in or to said works. If said Publicity Materials are not considered works “made for hire,” winning entrants hereby assign all said works to Sponsor.
All participants and winners of the Contest also agree to release, discharge, indemnify and hold harmless Sponsor, its affiliates and subsidiaries, and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any award or participation in any Contest-related activity or participation in this Contest. The Sponsor may prohibit any entrant from participating in this Contest at its sole discretion if an entrant shows a disregard for these Official Terms and Conditions or acts: (a) in a manner Sponsor determines to be unfair or inequitable, including but not limited to tampering with this Contest or this Contest website; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive or illegal manner.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Contest should electronic viruses, other malicious software attacks, unauthorized human intervention, systems malfunctions, failures, difficulties or other causes beyond the control of the Sponsor and its agencies corrupt or affect the administration, security, fairness or proper play or conduct of the Contest.
LIMITATIONS OF LIABILITY: In the event of a dispute regarding the identity of an entrant, such entry will be deemed to be made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is deemed as the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning e mail addresses for the domain associated with the submitted e mail address.
Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, incomplete, or non-delivered entries or e-mail; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.
Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of website.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or website, may be acting in violation of the terms of the website or the Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any website or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES OR AGENCIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING ENTRANTS ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.