TERMS AND CONDITIONS
HOW THE CHILDREN’S CENTER HAS MADE A POSITIVE IMPACT ON YOUR CHILD(REN) AND FAMILY (“MYTCCSTORY”).
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE OR RECEIVE AN AWARD. MYTCCSTORY IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA DURING THE MYTCCSTORY PERIOD (DEFINED BELOW).
MYTCCSTORY IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE, WHICHEVER IS OLDER, AS OF DATE OF PARTICIPATION.
Employees, officers and directors of The Children’s Center board “TCC”), its promotional partners (including, without limitation, promotion administrators, vendors and other agencies), or their respective parents, subsidiaries, and affiliated companies, advertising, promotion or production agencies, or web masters/suppliers, immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) and individuals residing in their same household, whether or not related, are not eligible to participate. Additionally, individuals employed or engaged as contractors by a competitive brand or company, as determined by TCC, in its sole discretion, within twelve (12) month period immediately preceding August 1, 2015 are not eligible to participate. By participating, participants agree to these Terms and Conditions and the decisions of TCC and/or and any persons or agencies engaged in connection with the MYTCCSTORY are final and binding in all respects. Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed or restricted by law. You are not authorized to participate in the MYTCCSTORY if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
2. MYTCCSTORY TIMING:
Submission Period Begins: August 1, 2016 at 8:00 a.m. Eastern Standard Time (“EST”)
Submission Period Ends: September 14, 2016 at 11:59:59 p.m. EST.
EST = Eastern Standard Time. TCC’s clock is the official time keeping device for the MYTCCSTORY.
3. THE MYTCCSTORY:
During the Submission Period, participants shall submit an original video, no longer than 30 seconds, telling why The Children’s Center is important to them or to the children and families it serves. A participant is defined as child(ren) within your care, who either are currently receiving services from The Children’s Center, or have received services from The Children’s Center anytime in the past. The story must be unique and authentic, and appropriate for all viewing audiences. All video submissions will be displayed for viewing, and voting, by the public on The Children’s Center of Wayne County Facebook page to determine the first, second and third place award recipients.
Submit a video, no longer than 30 seconds, sharing how The Children’s Center has made a positive impact on their child(ren) an/or family. Each submission may hereinafter be referred to as a “Video” and/or a “Submission”.
- Video may not exceed 30 seconds in length.
- Narration and/or text (if applicable) must be/appear in English.
- Video must follow all of the applicable social media’s guidelines for uploading Videos.
- No music is permitted.
- Participant may appear on camera but is not required to do so.
Participants may submit their Submission in one (1) of the following manners:
(a) Facebook: Navigate to MYTCCSTORY video contest on The Children’s Center Facbook page at http://www.facebook.com/TCCofWayneCounty. Click Submit an Entry button. 2. Upload entry, Fill out form, click Submit. 3. Optional: Don’t forget to share your entry with friends so that they can vote for you.
(b) Instagram: Launch the Instagram application and upload your Submission on your personal Instagram page with the #mytccstory and #Submission hashtags. Your Instagram account must be public to be eligible to participate. An Instagram account can be opened for free by visiting http://instagram.com and following the appropriate link to download the free Instagram application to your mobile device or visit your mobile device’s application store from your mobile device.
If you choose to participate via your wireless mobile device, data rates may apply. Certain mobile apps may not be available for all devices or compatible with your carrier’s capabilities. Please consult your wireless-service provider regarding its pricing plans and other details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
Participate as often as you like, but each submission should be unique. Participants are not permitted to submit the same Submission more than once. Duplicate Submissions by the same participant will be subject to disqualification. All Submissions must be received by 11:59:59 p.m. EST on September 14, 2016 to be eligible. All Submissions must be submitted according to (a) the Specific Requirements, (b) all Submission Guidelines as specified herein and in Rule #6, and (c) the applicable website/application.
By participating, each participant warrants and represents the following with respect to his/her Submission: (a) participant is the sole and exclusive owner of the Submission; (b) the Submission is participant’s own creation and is original; (c) the Submission will not infringe on any rights of any third parties; (d) the Submission has not been entered into or won any kind of award, competition or contest; and (e) the Submission complies with the Guidelines and Restrictions (defined below).
Providing a Submission constitutes participant’s consent to give TCC a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, and on any and all Internet media, including TCC’s web sites and properties and on social networking sites (i.e., Twitter, Instagram, Vimeo, Facebook, YouTube, LinkedIn, etc.), for any legal purpose whatsoever, including for promotional or marketing purposes. PLEASE NOTE THAT BY SUBMITTING A SUBMISSION VIA THE HASHTAGS ABOVE, YOU GRANT TCC THE RIGHT TO POST THE SUBMISSIONS ON ITS WEBSITES AND SOCIAL MEDIA SITES IN PERPETUITY WITHOUT ANY ADDITIONAL PERMISSION OR COMPENSATION.
Submissions will be deemed made by the authorized account holder of the email address or social media account from which the Submission is submitted at the time of submission. The “authorized account holder” is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses or who is assigned to the applicable social media account by the applicable social media platform. In the event of a dispute the authorized account holder will be deemed to be the participant. Potential winners may be requested to provide TCC with proof that he/she is the authorized account holder of the email address or social media account associated with the winning Submission and/or an eligible participant. Participants may not register/submit with multiple email addresses nor may participants use any other device or artifice to register/submit under multiple identities. Any participant who attempts to enter with multiple email addresses under multiple identities or attempts to submit Submissions in excess of the above-stated limitation will be disqualified and forfeits any award provided, in TCC’s discretion. Submissions generated by script macro or other automated means or practices, or by any means which subvert the submission process will be void.
From time to time, TCC may feature Submissions on TCC’s Website(s), social media pages and channels, in TCC’s sole discretion. Being selected as a featured Submission is unrelated to the criteria and does not guarantee selection as a winner in the MYTCCSTORY nor does it entitle the featured participants to any compensation or award.
BY MAKING A SUBMISSION OR PARTICIPATING IN THE MYTCCSTORY, PARTICIPANTS ACKNOWLEDGE THAT THE SUBMISSION MAY BE POSTED ON TCC’S WEBSITE, IN TCC’S SOLE DISCRETION. SUBMISSIONS POSTED TO THE WEBSITE, SOCIAL MEDIA ACCOUNTS OR OTHER WEBSITES, ARE NOT EDITED BY TCC AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF TCC IN ANY MANNER. If you think that any Submission infringes your intellectual property rights, click here if you wish to report it to https://www.thechildrenscenter.com/need-help/contact-us. By participating, you acknowledge that TCC has no obligation to use or post any Submission you submit. TCC reserves the right to remove any posted Submission for any reason and at any time. TCC is not responsible for any unauthorized use of Submissions by third parties.
TCC is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by TCC. By participating in the MYTCCSTORY and/or using the hashtags #mytccstory and #submission, participants fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the TCC, which will be final and binding in all matters relating to the Homemaker Hunt.
5. SUBMISSION GUIDELINES:
Submissions must be original; Submissions may not have won previous awards; Submissions may not have been previously published; Submissions may not be obscene, indecent, inappropriate, hateful, tortious, defamatory, slanderous or libelous; Submissions cannot be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; Submissions cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or promote any political agenda or message; Submissions cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about TCC or its staff or services, or other people, products or companies; Submissions cannot contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which TCC wishes to associate; Submissions may not invade privacy or other rights of any person, firm or entity; Submissions may not in any other way violate any applicable federal, state or local laws or regulations or Terms of Service of any related social media website or Submission; Submissions may not contain any infringing references to any third party trademarks, names, products or third party logos or any copyrighted components; and Submissions cannot contain the name, likeness or other rights of any individual other than the participant including, without limitation, any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Submissions not in compliance with these Terms and Conditions and Submission Guidelines may be disqualified, at the TCC’s sole discretion.
If in TCC’s determination it is necessary or advisable to make minor, non-material adjustments to an otherwise compliant Submission to comply with these Terms and Conditions, TCC may, in its sole discretion, elect to do so, or may ask the applicable participant to do so. If TCC requests participant to make these adjustments and participant chooses not to make these adjustments, Submission is subject to disqualification, in TCC’s sole discretion.
Each participant acknowledges that other participants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in participant’s Submission. Each participant understands and agrees that he/she shall not have any claim against any other participant or TCC arising out any such similarity or be entitled to any compensation because of any such similarity.
TCC’s decisions are final and binding in all matters relating to the MYTCCSTORY, including, but not limited to, interpretation and application of these Terms and Conditions. By participating in the MYTCCSTORY, participants fully and unconditionally agree to be bound by these Terms and Conditions and the decisions of the TCC, which will be final and binding in all matters relating to the MYTCCSTORY.
6. VOTING PERIOD – TO DETERMINE AWARD RECIPIENTS:
During the Voting Period, Participants’ Submissions will be posted on https://www.facebook.com/TCCofWayneCounty for the public to view and vote for the Submission they think best shares how The Children’s Center has made a positive impact on their child(ren) an/or family. Each time a voter clicks on the “vote” button for a particular Submission, it will be deemed a “vote” for that Submission. The voting is open to individuals who are 18 years of age or older at the time of voting. Limit of one (1) vote per person and per email address, per Finalist Submission per day. A day shall be defined as 12:00:00 a.m. to 11:59:59 p.m. EST. Any use of robotic, script, macro, automatic, programmed or like voting methods, or any methods which subvert the voting will void all such votes. Any attempt by a Participant and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names or e-mail addresses, paying third party organizations or entities to vote and/or any other fraudulent mechanism, including, but not limited to, hiring third parties to vote for the Participant, engaging in vote-farming, vote-exchanges or offering awards or other inducements to members of the public, as determined by TCC in its sole discretion, shall give TCC the right to disqualify such participant in its reasonable discretion. Votes received from IP addresses outside of the 50 United States/D.C. will be disqualified. Voting by proxy is prohibited. Votes will be tallied and the total count for each Submission will be used to determine the first, second and third place winners. In the event of a tie, TCC will evaluate all tied submissions based on the Submission Criteria set forth above to break the tie. Award recipients will be notified on or around October 21, 2016.
7. WINNER NOTIFICATION:
Winners will be notified by email and will be required to respond to the notification within seventy two (72) hours in order for the administrator to capture winner’s complete contact information. TCC is not responsible for any change in a participant’s email address or phone number. Award recipients must continue to comply with these Terms and Conditions, and receiving an award is contingent upon fulfilling all requirements. An Award recipient is subject to verification, including, without limitation, verification of age and compliance with these Terms and Conditions. If a Award recipient is found not to be eligible or not in compliance with these Terms and Conditions, if TCC is unable to contact an Award recipient within a reasonable time period or if award notification or any award is returned as undeliverable, such Award recipient will be disqualified. In the event that an Award recipient is disqualified for any reason, TCC reserves the right to award the award to an alternate Award recipient who will also be identified using the applicable Criteria, even if the disqualified potential award recipient’s name may have been publicly announced. All federal, state and local taxes, if any, and any other costs and expenses associated with award acceptance and use not specified herein as being provided are solely the Award recipient’s responsibility, regardless of whether award, in whole or in part, is used. Any personal information provided is subject to the Privacy Notice stated on https://www.thechildrenscenter.com/privacy. By participating in the MYTCCSTORY, participants hereby agree to TCC’s collection and usage of their personal information and acknowledge that they have read and accepted https://www.thechildrenscenter.com/privacy. In addition, if you are selected as an Award recipient, your information may also be included in a publicly-available Award recipient’s list.
8. AWARD DETAILS:
First Place Award (1): TCC will award a First Place Award of $XXX to the First Place Award recipient. First Place Award will be awarded in the form of a gift card(s). Approximate Retail Value (“ARV”) is $XXX. Total ARV of all awards: $XXX. Second Place Award (2): TCC will award a Second Place Award of $XXX to the Second Place Award recipient. Second Place Award will be awarded in the form of a gift card(s). Approximate Retail Value (“ARV”) is $XXX. Total ARV of all awards: $XXX. Third Place Award (3): TCC will award a Third Place Award of $XXX to the Third Place Award recipient. Third Place Award will be awarded in the form of a gift card(s). Approximate Retail Value (“ARV”) is $XXX. Total ARV of all awards: $XXX. If the Award recipients cannot accept an award (or portion thereof) as stated, award may be forfeited in its entirety. No substitution, cash redemption, assignment or transfer of any award, except by TCC who reserves the right, in its sole discretion, to substitute an award (or portion thereof) with one of comparable or greater value if advertised award becomes unavailable. Awards are awarded “as is” without any warranty or guarantee, either express or implied by TCC. All award details are at the sole discretion of TCC.
9. CONDITIONS APPLICABLE TO AWARD RECIPIENTS:
By accepting an award, for no additional compensation or consideration, Award recipients grant to TCC the right to use his/her name, facsimile signature, photograph, likeness, biographical information and/or endorsement in connection with the advertisement and promotion of this MYTCCSTORY and/or The Children’s Center programs and services.
10. GENERAL CONDITIONS:
By participating, participants hereby agree (and agree to confirm in writing): (a) that TCC, its promotional partners (including, without limitation, promotion administrators, digital agencies and other agencies), and each of their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, Facebook, Instagram and Twitter and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, personal injury or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any award or participation in the MYTCCSTORY or any MYTCCSTORY-related activities, and for any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; (b) except where legally prohibited, grant permission for TCC (and agree to confirm such agreement in writing), and those acting pursuant to its authority to use, publish and exploit the Submission and all elements embodied therein, as more fully set forth in the section below titled “Grant of Rights by Participants”, and Participants and Award recipients further grant ownership of the Submission and all elements embodied therein as more fully set forth in the section below titled “Assignment of Rights by Award recipients”. Any waiver or non-use of any rights hereunder by TCC does not constitute a general waiver of such rights or of any other TCC rights. By submitting an Submission, participant agrees that participant’s submission is gratuitous and made without restriction, and will not place TCC under any obligation, that TCC is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use, exploit and assign the ideas without any additional compensation or notice to, or approval from, participant or any third party. Participant acknowledges that, by acceptance of participant’s Submission, TCC does not waive any rights to use, assign or otherwise exploit similar or related ideas previously developed or known to TCC, or developed by its employees, contractors and agents, its affiliates and their employees, contractors and agents, or obtained from sources other than participant and participant agrees that he/she shall not have or make any claim against Released Parties resulting from such use, assignment or other exploitation. TCC is not responsible if MYTCCSTORY (or any portions thereof) cannot take place or if any award cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or any other cause outside TCC’s reasonable control.
Grant of Rights by Participants : By submitting an Submission, participant grants TCC a perpetual, worldwide, irrevocable, assignable, sublicensable, royalty-free and fully paid-up license to the Submission and TCC and its designees may exploit, edit, modify, post, use and distribute the Submission and all elements of such Submission, including without limitation any Videos, tweets, descriptions or captions, and the names and likenesses of any individuals or locations, in any and all media now known or hereafter devised, without limitation and without compensation, permission or notification to any participant, his/her parent or legal guardian or any third party. Each participant further grants TCC, if not otherwise prohibited by law, and those acting under or pursuant to its authority, the right to use participant’s name, city/state, picture, likeness, voice, and other personal statistics in any and all media worldwide without territorial, time or other use limitation without additional compensation or notification to, or permission from such participant or any third party, for the purposes of advertising and promotions.
Assignment of Rights: By accepting an award, any and all results and proceeds of all services furnished by Participants/Award recipients hereunder (including, without limitation, the Submission and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by Participant at any time if relating to the MYTCCSTORY (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for TCC. TCC is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States, and TCC is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country of the world. Participants/Award recipients also waive all so-called “moral rights of authors” and “droit moral” rights (and any similar or analogous rights under the applicable laws of any country of the world). Without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for TCC, Participants shall irrevocably and exclusively grant and assign to TCC (or, if any applicable law prohibits or restricts such assignment, Participants/Award recipients shall grant to TCC an irrevocable, perpetual, royalty-free, transferable license of) all right, title, interest and ownership in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights, neighboring rights, trademarks, patents and any and all other ownership and exploitation rights in the Work therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
TCC’s rights in and to the Work shall include, without limitation, the right to exploit the Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, modify, edit, adapt, composite, morph, scan, duplicate, merchandise, use and cut the Work). TCC shall be free to exploit, license, sell and/or assign any or all of its rights in the Work at any time and from time to time, in whole or in part, to any person or entity, without permission from, or notice or compensation to, Finalists/Finalist Award recipient, their parents or legal guardians or any third party. In furtherance of and without limiting the foregoing, all revenues derived by TCC or its designees from the use, exhibition, publication, distribution, merchandising, transmission, licensing, display, selling or other exploitation of the Work shall be the sole and exclusive property of TCC and Participants/Award recipients, his or her parents, heirs, successors and assigns shall have no interest in or to any such revenues.
At the request of TCC, Participants/Award recipients shall execute and deliver to TCC such assignments or other instruments as TCC may deem reasonably necessary to establish, protect, enforce and/or defend any or all of TCC’s rights in the Work. If a Participant/Award recipient fails to so execute and deliver any such instrument within seven (7) days of the date of such notice, TCC shall have the right to do so in Participants/Award recipient’s name, place and stead, and TCC is hereby irrevocably appointed as Participants/Award recipient’s attorney-in-fact for such purposes, which power is coupled with an interest.
11. ADDITIONAL TERMS AND LIABILITY LIMITATIONS:
Any attempted form of Submission or participation other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of participation are permitted. Released Parties are not responsible for lost, late, misdirected, incomplete, inaccurate, stolen, garbled, postage-due or non-delivered Submissions tweets, hashtags, uploaded Videos or Photos, votes and/or mail or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider (ISP), website, Submission or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the MYTCCSTORY (or any portion thereof), the announcement of the award recipients or awards, the incorrect or inaccurate capture or processing of Submissions and/or mail or email or the failure to capture, or loss of, any such information, or in any other MYTCCSTORY-related materials. Persons who tamper with or abuse any aspect of the MYTCCSTORY or otherwise attempt to undermine the legitimate operation of the MYTCCSTORY by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or TCC representatives, as solely determined by the TCC, will be disqualified. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer or device related to or resulting from participating in the MYTCCSTORY or downloading materials from or use of any website associated with this MYTCCSTORY. Should any portion of the MYTCCSTORY be, in TCC’s sole opinion, compromised by virus, worms, bugs, nonauthorized human intervention, technical failures or other causes which, in the sole opinion of the TCC, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, TCC reserves the right at its sole discretion to suspend, modify or terminate the MYTCCSTORY, and determine the potential Participant/Award recipient from all eligible, non-suspect Submissions received prior to action taken or as otherwise deemed fair and appropriate by TCC. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the MYTCCSTORY, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website associated with the MYTCCSTORY. In no event will TCC award more than the stated number of awards. In the event of a dispute regarding Submissions received from multiple users having the same email account, the authorized subscriber of the email account at the time of participation will be deemed to be the participant and must comply with these Terms and Conditions. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
CAUTION — ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE MYTCCSTORY OR UNDERMINE THE LEGITIMATE OPERATION OF THE MYTCCSTORY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TCC RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
In no event will any of the Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of any websites associated with the MYTCCSTORY or downloading from and/or printing material downloaded from such websites . Without limiting the foregoing, everything on such websites 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 noninfringement. Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
Except where prohibited by law, as a condition of participating in the MYTCCSTORY, each participant agrees that (a) any and all disputes, claims and causes of action arising out of or in any way connected with this MYTCCSTORY, or any award provided, shall be resolved individually, without resort to any form of class action, (b) any and all disputes, claims and causes of action arising out of or in any way connected with the MYTCCSTORY, or any award provided, shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office nearest the participant; (c) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction.
13. GOVERNING LAW AND JURISDICTION:
By participating, each participant agrees that (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, the rights and obligations of such participant in connection with the MYTCCSTORY, or the rights and obligations of the TCC in connection with the MYTCCSTORY, shall be governed by, and construed in accordance with, and any arbitrator shall apply, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Michigan, and (b) any matters or proceedings which are not subject to arbitration as set forth in these Terms and Conditions shall take place exclusively in the federal or state courts sitting in Wayne County, Michigan. By participating, each participant expressly consents to the jurisdiction and venue of the federal and state courts located in Wayne County, Michigan and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
14. NAMES FINALIST AWARD RECIPIENT:
For the names of the Participants and Award Recipients, mail a self-addressed, stamped envelope to: The Children’s Center MYTCCSTORY, 79 West Alexandrine, Detroit, MI 48201, for receipt by December 31, 2016.
15. BROUGHT TO YOU BY:
The Children’s Center, 79 West Alexandrine, Detroit, MI 48201.
This MYTCCSTORY is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to The Children’s Center of Wayne County, Michigan. and not to Facebook, Twitter or Instagram. The information you provide will only be used for purposes of administering this MYTCCSTORY including award recipient notification and award fulfillment.