Terms and Conditions
All-Day Energy Spray Video Contest Terms and Conditions
By submitting any video, photos or information to UpLift Nutrition, Inc., you hereby grant to UpLift Nutrition, Inc., and its officers, directors, affiliates, subsidiaries, licensees, sponsors and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted video, photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to UpLift Nutrition, Inc., include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted media;
By submitting any photo or information to UpLift Nutrition, Inc, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and that you have the right to grant any and all rights and licenses granted to UpLift Nutrition, Inc., herein, including but not limited to all necessary rights under state and federal intellectual property laws, free and clear of any claims or encumbrances;
You acknowledge and agree that UpLift Nutrition, Inc., shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to UpLift Nutrition, Inc.;
You understand and intend that any photo or information submitted by you to UpLift Nutrition, Inc., may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any video, photo or information you submit to UpLift Nutrition, Inc. By submitting any video, photo or information to UpLift Nutrition, Inc., you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you.
You hereby agree to hold UpLift Nutrition, Inc., and its officers, directors, affiliates, subsidiaries, licensees, sponsors, and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any UpLift Nutrition, Inc., or All Day Energy Spray™ web site, or any other use authorized under these Terms, of any video, photo or information submitted to UpLift Nutrition, Inc., by you;
Photos or information submitted by you in conjunction with this contest shall be the sole and exclusive property of UpLift Nutrition, Inc., and UpLift Nutrition, Inc., shall have no obligation to preserve, return or otherwise make available to you or others any video, photos or information so submitted.
Awarding Prizes: Winners are solely responsible for all taxes and/or fees that may be incurred or assess relative to winning the contest. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner's mailing address within seven (7) business days.
Each prizewinner must supply UpLift Nutrition, Inc., with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers. In the case of a cash winner, winner must also supply social security number.
Winners may not request substituted recipients of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred.
Neither UpLift Nutrition, Inc. nor its sponsors or employees may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession of the award or winnings have been taken by a winner. Whether expressly waived hereby, UpLift Nutrition, Inc., is not liable or responsible for any loss arising out of or in connection with or resulting from this or any other contest promoted by UpLift Nutrition, Inc.
If the specified prize becomes unavailable due to unforeseen circumstances, UpLift Nutrition, Inc., may substitute a prize of like or equal value.
Management, employees and families of UpLift Nutrition, Inc., are prohibited from winning any prizes awarded pursuant to this contest.
UpLift Nutrition, Inc., reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a UpLift Nutrition, Inc., contest, please contact questions@upliftnutrition.com
RELEASE AND WAIVER OF LIABILITY,ASSUMPTION RISK AND INDEMNITY AGREEMENT
Having read and considered the foregoing, and IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the Contest, THE UNDERSIGNED, a person 18 years of age or older and desiring to participate in the Contest, for himself, his personal representatives, heirs, and next of kin:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE UpLift Nutrition, Inc., its promoters, participants, advertisers, consultants, officers, directors, agents and employees, (all for the purposes herein referred to as “Releasees”) FROM AND AGAINST ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OR INJURY OF THE UNDERSIGNED ARISING FROM OR RELATED TO ATTEMPING TO COMPETE IN THE CONTEST, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the participating in the subject Contest, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the participating in the subject Contest, whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
THE UNDERSIGNED, BEING 18 YEARS OF AGE OR OLDER, HAS READ THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS. THE UNDERSIGNED FURTHER REPRESENTS AND WARRANTS THAT HE OR SHE UNDERSTANDS THAT HE OR SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT, AND THAT HE OR SHE HAS SIGNED IT FREELY AND VOLUNTARILY, HAVING HAD THE OPPORTUNITY TO CONSULT COUNSEL, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME OTHER THAN AS SET FORTH IN THE CONTEST RULES AND THE UNDERSIGNED HEREBY INTENDS THAT HIS OR HER OR HIS OR HER PARENT’S SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
|