Equality Now Promotion Terms and Conditions
HOPE FOR OUR DAUGHTERS PROGRAM TERMS AND CONDITIONS (“TERMS”)
YOU MUST BE A RESIDENT OF ANY 1 OF THE 50 U.S. OR D.C. AND AGE 13 TO PARTICIPATE. VOID OUTSIDE THE U.S. AND WHERE PROHIBITED BY LAW.
BY SUBMITTING A PHOTOGRAPH IN ACCORDANCE WITH THESE TERMS, AND IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY AND RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, YOU AGREE TO THESE TERMS.
THIS PROGRAM IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”). INTERNET ACCESS AND A VALID INSTAGRAM ACCOUNT ARE REQUIRED FOR PARTICIPATION.
OVERVIEW: The Hope for Our Daughters Program begins on or about October 16, 2015 at 12:00 noon Pacific Time (“PT”) and ends on the earlier of either November 26, 2015, at 11:59 p.m. PT, or when the maximum donation amount of $15,000 is reached (“Program Period”). Focus Features LLC (“Sponsor”) will donate one dollar ($1) to the not-for-profit corporation Equality Now (“Charity”) for every Photograph (as defined below) uploaded by a eligible participant to that participant’s Instagram account along with the hashtag “#HopeForOurDaughters” (“Required Hashtag”) during the Program Period. By participating, each participant unconditionally accepts that Sponsor will make a maximum donation of $15,000. Each participant agrees to comply with and abide by these Terms and the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to extend, shorten, amend, or cancel this Program or amend these Terms.
1. THE CHARITY: The Charity’s mission is to achieve legal and systemic change that addresses violence and discrimination against women and girls around the world. Obtain official financial and additional information about Equality Now by contacting it directly by writing to them at PO Box 20646, Columbus Circle Station, New York, NY 10023, visiting www.equalitynow.org or from: FL Div. of Cnsmr Svs, (800) 435-7352; State of N.J., (973) 504-6215, www.njconsumeraffairs.gov/ocp/charities.htm; State of NY Dept of Law, Charities Bureau, 120 Broadway, NY, NY 10271; N.C. State Solicitation Branch, (919) 733-4510; PA Dept. of State, (717) 783-1720; State Office of Cnsmr Affairs, Dept. of Agr. & Cnsmr Svcs, 102 Governor Street, Richmond, VA 23219 or call (804) 786-1343; WA Sec’y of State, Charities Div., Olympia, WA 98504, (360) 753-7121; or WV Sec’y of State, State Capitol, Charleston, WV 25305. Registration of Equality Now does not imply endorsement by any state. Your donation is not tax deductible.
2. ELIGIBILITY: Open only to legal residents of one (1) of the fifty (50) United States and the District of Columbia who are at least 13 on or before the beginning of the Program Period.
3. TO PARTICIPATE: There are two steps required to participate in this Program:
(a) Take a Photograph. First, take the Photograph of yourself holding a sign that states your personal hope for the future of women and that complies with these Terms, including, without limitation, all of the Photograph Submission Guidelines below. Any Photograph you submit in this Program must be solely owned by you.
(b) Post your Photograph on Instagram. Second, make a post from your Instagram account that includes (i) your Photograph and (ii) the Required Hashtag “#HopeForOurDaughters” (a “Post”).
Your Post will appear on your Instagram feed and within other users’ feeds, and may be visible to other users or the public. See “License” section below for other information about where and how your Post or Photograph may be used.
Only Instagram accounts associated with an individual may be used for entry in this Program. Posts received from an Instagram account associated with any organization, company, corporation, partnership or other entity will be void. You must include the Required Hashtag to participate. A Post must be posted and received during the Program Period and identifiable by and viewable to Sponsor during the Program Period to be eligible. Sponsor, at its sole discretion, may accept or disqualify a Post that contains either a technically incorrect Required Hashtag or content that is: (i) superfluous to the required content; or (ii) otherwise violates these Terms. Posts that are not both actually visible and timely received by Sponsor will not be counted as part of this Program. For purposes of this Program, a Post is “received” when the Instagram platform records your Post and it is visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Program. Incorrect and/or incomplete Posts, Posts received outside the Program Period, and/or Posts that contain obscene or offensive content or language or any content or language communicating messages inconsistent with the positive reputation and image with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void.
Message and data rates may be imposed by your carrier for participation via a mobile device. Check your device’s capabilities for specific instructions and your wireless service provider’s calling or data plan. Text messaging and wireless service are not available in all areas, from all mobile device service carriers, and with all mobile phones, handsets, or other devices. Sponsor is not responsible or liable for any carrier charges or any unavailability.
Limit of one (1) Photograph per person/Instagram account will trigger a donation in this Program. More than one (1) participant may not enter the same Photograph into this Program. Subsequent attempts made by an individual to submit Posts in excess of the above-stated limits by using multiple or false contact information, by using multiple Instagram accounts, by posting Photographs that are identical to previous Photographs posted by other Program participants, or by any other means may be disqualified. Receipt of Posts will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, unintelligible, misdirected, lost, late, mutilated, or forged Posts, or Posts generated by a macro, bot, or other automated means will not be accepted and are void. Posts made by any other individual or by any entity, or originating at or using any website, other than the Instagram platform, including, without limitation, commercial subscription notification and/or entering service sites, will be declared invalid and disqualified for this Program.
4. PHOTOGRAPH SUBMISSION GUIDELINES: You agree that your Photograph will comply with the following guidelines, as determined by Sponsor in its sole discretion (“Photograph Submission Guidelines”):
a. Includes only you and; and to the extent a third party appears in your Photograph, you have already obtained all rights and permissions from such third party and agree to prove and provide in writing that permission to Sponsor upon request and within the timeframe requested;
b. Is solely owned by you and, to the extent a third party shot your Photograph, you have already obtained all rights and permissions from such third party and agree to prove and provide in writing that permission to Sponsor upon request and within the timeframe requested;
c. Does not and will not infringe any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity;
d. Does not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, commercial artwork or political or religious statements; and
e. Is suitable for presentation in a public forum and does not include content that is illegal, profane, obscene, pornographic, hateful, indecent or inappropriate, defamatory, threatening, disparaging, harassing, or injurious to Sponsor, or any third party, or any product, service or business of the aforementioned.
Sponsor reserves the right to not accept, not use, delete, or take down your Photograph at any time if Sponsor determines (in its sole discretion) that your Photograph is in violation of these Terms, including without limitation the Photograph Submission Guidelines.
Those who do not provide the required information or abide by these Terms and other instructions of Sponsor will be disqualified. Attempts made by an individual to submit Photographs in excess of any limit or otherwise in violation of these Terms may be disqualified. As a condition of participating, each participant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Program and complying with applicable laws, regulations, and rules.
5. LICENSE: You hereby grant to Sponsor, and its subsidiaries, parents, agents and assigns (collectively, “Licensed Parties”) in perpetuity the non-exclusive, royalty-free, irrevocable, sublicensable (through multiple tiers), transferable right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, distribute, create derivative works of, display, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in your Photograph (including, without limitation, your likeness and persona), in any and all media now known or hereafter devised, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without your review, notice, approval, or receiving compensation. You agree that the Licensed Parties may, but are not required to, attribute your Photograph to you.
Participation in the Program constitutes permission for Licensed Parties to use each participant’s name, likenesses, Instagram handle/ID, Photograph, voice, biographical data, or statements or comments related to the Program or Sponsor, for purposes of advertising and trade throughout the world, including on the internet, without further notice, permission, review, or compensation, except where prohibited by law. Nothing contained in these Terms obligates Sponsor or its licensees or agents to make use of any of the rights granted in these Terms and participant waives any right to inspect or approve any such use.
6. RELEASE: By participating in this Program you agree to waive and release the Licensed Parties and the respective divisions, parents, subsidiaries, affiliates, officers, directors, employees, representatives and agents of each (collectively with Instagram, the “Released Parties”) from any and all liability whatsoever for costs, injuries, losses, liability, or damages of any kind arising out of or in connection with this program including, without limitation, attorneys’ fees and damages related to personal injuries, death, accident, or destruction to or of person or property, whether intentional or unintentional and including without limitation, any claims that you may now or hereafter have in any jurisdiction including those based on “moral rights” or “droit moral” or unfair competition with respect to the Licensed Parties’ use or exploitation of your Photograph as granted in these Terms. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties on the grounds that any use of your Photograph, or any derivative works thereof, infringe or violate any of your rights. You agree to indemnify, release and hold harmless each of the Released Parties against any and all claims from any third party associated with your breach or alleged breach of these Terms or associated with any use or exploitation of your Photograph. Without limiting any other provision in these Terms, Released Parties are not responsible or liable to any participant or any person claiming through such participant for failure to supply the donation or any part thereof in the event that any of the Program activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity, equipment failure, weather, labor or material shortage, transportation interruption of any kind, or any law, rule, regulation, order or other action adopted or taken by any government authority, or any other cause beyond Sponsor’s control, whether or not specifically mentioned above.
7. ADDITIONAL DISCLAIMERS: Released Parties are not responsible for any misprints, typographical or other error in these Terms, in any Program-related advertisements or other materials. Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the participant or by human error: Photographs that are submitted by illegitimate means or Photographs in excess of the stated limit; incomplete, illegible, undecipherable, lost, late, damaged, faulty, failed, inaccurate, garbled, delayed, misdirected or mutilated Photographs, information about your participation, email messages, electronic or digital communications, mail or Program-related correspondence or materials or postage-due mail; any technical problems or incorrect announcements of any kind; hardware or software failures of any kind; any error, omission, interruption, deletion, defect, or delay in operation, communication, or transmission; theft or destruction or unauthorized access to or alteration of Photographs; viruses, technical, network, telephone, computer hardware or software malfunctions of any kind; interrupted or unavailable cable or satellite systems; lost or unavailable network connections; or inaccurate transmission of, or failure to receive any participation information on account of technical problems or failures of any wireless, cellular or Internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person’s ability to participate in this Program or receive communication from Sponsor and its representatives. Sponsor reserves the right to cancel, terminate, suspend, or modify the Program if it is not capable of running as planned for any reason. Sponsor reserves the right, in its sole discretion, to disqualify any participant who Sponsor believes has supplied false information or attempted to tamper with or impair the administration, security, fairness or proper play of this Program and seek damages from him or her and that person may be prosecuted to the full extent of the law. If Sponsor determines at any time in its sole discretion that a participant is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that participant, even if the disqualified participant may have been notified or displayed or announced anywhere. Sponsor’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. Any ambiguity, discrepancy or inconsistency regarding this Program will be resolved in Sponsor’s sole discretion. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in these Terms.
8. GENERAL TERMS: You agree that submitting your Photograph and agreement to these Terms and any Licensed Parties’ display or use of your Photograph will not violate any agreement to which you or any other person who assisted in making your Photograph is a signatory or party. You agree that nothing in these Terms will require a Licensed Party to use your Photograph. You agree that Sponsor has no duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of your copyright in and to your Photograph. You agree that, with respect to any claim by you relating to or arising out of your Photograph or these Terms, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
All federal, state and local taxes, other expenses not specified in these Terms, and any and all other requirements or expenses related to the participation in this Program are each participant’s sole responsibility. Each participant waives the right to assert as a cost of submitting or creating a Photograph.
9. DISPUTES/GOVERNING LAW/VENUE: ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM, THESE TERMS, AND ANY DISPUTE RELATED THERETO (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration and exclusively by arbitration under JAMS Expedited Arbitration. The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. Participant waives the right to seek indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and the arbitrator shall have no authority to award such damages. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The expenses of arbitration, the fees and costs of legal counsel, experts and evidence shall be awarded to the prevailing party. In no event shall any participant seek or be entitled to obtain rescission, injunctive or other equitable relief punitive.
10. DONATION AMOUNT: To receive a copy of the total dollar amount of the donation or these Terms by mail, send your request and a legal-sized, self-addressed, stamped envelope to: Focus Features, Attn: Hope for Our Daughters Program, Attn: Matt Lipson, 1540 2nd Street, Santa Monica, California 90401. Total donation amount requests must be received no later than three (3) months after the end of the Program Period. Only one (1) request per outer envelope, mailed separately, will be fulfilled.
11. THE SPONSOR OF THIS PROGRAM IS: Focus Features LLC, 1540 2nd Street, Suite 200, Santa Monica, California 90401. Reference to third parties in connection this Program, including Instagram are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Program.