AO Chant Competition Terms and Conditions
Each submitter must review in its entirety an electronic copy of these Terms and Conditions of Submissions. By submitting a Submission, you hereby agree to these Terms and Conditions of Submissions.
1. GENERAL CONTENT RESTRICTIONS:
- Submissions should contain content and messaging that is consistent with the American Outlaws (“AO”) brand.
- Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (e.g. relating to murder, the sales of weapons, cruelty, abuse, physical violence, etc.), discriminatory (e.g., based on race, sex, religion, natural origin, physical disability, sexual orientation, or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.
- Video must NOT include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.
- Videos must NOT contain derogatory references to AO, US Soccer, or any AO sponsors.
- Videos must NOT have been previously submitted to another online contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest as determined in AO’s sole discretion.
- Videos must NOT include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture.
By submitting the Submission, you represent and warrant that you are the sole copyright owner of the Submission, and that you have the authority to grant the permission and rights granted herein, and that no other permission is required to grant such rights, and you hereby irrevocably grant AO and its assignees the right, but not the obligation, to use the Submission, your name, voice, likeness, and biographical information, and address (i.e., city and state) (collectively, “Attributes”), and any statements made by you or attributed to you, for advertising and promotional purposes in any and all media, now known or hereafter devised (including, without limitation, on AO’s website), without notice, review, or approval, in perpetuity and throughout the universe without further compensation, and you hereby release AO and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, licensees, licensors, and agents of each (“AO Entities”) from all claims arising out of any such use.
2. LICENSE: You shall retain all ownership rights in your Submission. However, by submitting the Submission, you hereby grant to AO in perpetuity, a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Chant Contest (and derivative works thereof), and (ii) AO’s network of internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which AO distributes content to end users, whether now existing or hereafter developed (the “AO Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the right granted to AO, these rights include, without limitation, the absolute right to edit and/or alter any Submission, distribute and synchronize all or any portion of your Submission in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Submission; to encrypt, encode and decode, and compress and decompress all or any portion of your Submission; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions, and/or other material to or of all or any portion of your Submission; to create composite, stunt, comic, or unusual photographs, videos, animations, motion pictures, and/or voice reproductions from all or a portion of your Submission; and to excerpt and/or extract portions of your Submission in order to host, store, index, categorize, and display your Submission on or through the Platforms. AO reserves the right to use (or not use) your Submission at all and/or as little of the Submission as it so chooses.
3. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who submits a Submission represents and warrants to AO as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws. Each Submission must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, background music, depictions of actors, and the like. Further, entrants will, upon request, furnish to AO any documentation, substantiation, and release necessary and reasonably required from all persons appearing in, or whose likeness appears in the Submission, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Submission to prove, confirm, verify, and substantiate entrant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event a submitter cannot provide all required releases, AO reserves the right, in its sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for AO’s benefit, or allow the applicable Submission to be utilized. Additionally, entrant represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in AO’s trademarks, trade names, logos, or other intellectual property. AO specifically reserves all its rights to protect its intellectual property against any infringement or other illegal or improper use. Each entrant hereby agrees to indemnify and hold AO harmless from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representation, or agreements or entrant hereunder.
4. CONDITIONS OF PARTICIPATION: This Chant Contest is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that AO shall have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses, or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, as a result of participating in this Chant Contest or any related activity; (b) releases AO advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members from all liability, claims, action, or proceedings relating to this Chant Contest and from injuries or damages arising in connection with or relating to participation in this Chant Contest; and (c) waives any right to claim ambiguity in this Chant Contest or these Terms and Conditions. AO reserves the right to modify these Terms and Conditions for clarification purposes without materially affecting the Terms and Conditions of the Chant Contest, to void suspect Submissions and/or cancel, terminate, or suspend any portion of this Chant Contest should a virus, bug, non-authorized human intervention, or other causes beyond the control of AO corrupt or impair the administration or security of this Chant Contest.
5. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each person who submits a Submission understands and acknowledges that AO has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission, and/or each other in theme, idea, format, or other respects. Each Entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any AO use of any such similar or identical material. Each entrant acknowledges and agrees that AO does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of AO actual or alleged exploitation or use of any Submission or other material submitted in connection with the Chant Contest the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
6. IMPORTANT: PLEASE READ—GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering this Chant Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Chant Contest, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Chant Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the AO Entities, their agencies, web masters/suppliers, contractors, and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with AO, or otherwise, that may limit an entrant’s ability to participate in this Chant Contest; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Chant Contest and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Chant Contest (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss, or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. AO assumes no responsibility for any damage to an entrant’s computer system, which is occasioned by accessing the Website, or participating in this Chant Contest, or for any computer system, phone line, hardware, software, or AO malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. AO reserves the right, in its sole discretion, to disqualify any entrant that violates the Submission Requirements, finds to be tampering with the Submission process or operation of the Chant Contest or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. If, for any reason, this Chant Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of AO, corrupt or affect the administration, security, integrity, or proper conduct of this Chant Contest, AO reserves the right, at its sole discretion, to close the Submission acceptance period at any time, cancel, terminate, modify, or suspend this Chant Contest or as otherwise deemed fair and equitable by AO.
7. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE CHANT CONTEST OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CALL FOR SUBMISSIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEBRASKA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL 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 AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. IN NO EVENT WILL AO, ITS AFFILIATES, RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CHANT CONTEST. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEEQUENCES 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CHANT CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
