“Life Of The Party” Video Challenge
Terms & Conditions
The “Life of the Party” Video Challenge is open to all persons aged above 18 years of age at the time of entry, or those persons below 18 years of age that have the prior written consent of their parent or guardian uploaded with video submission in dropbox.
Each Participant agrees to grant to Ruth Koleva – The Organiser exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) the Participant submits for Life of the Party Video Challenge by all means and in any media now known or hereafter developed. Each Participant also grants Ruth Koleva the right to use the Participant’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Each Participant agrees that it shall have no recourse against Ruth Koleva for any alleged or actual infringement or misappropriation of any proprietary right in its communications to the Participating Operators.
Each Participant represents and warrants that, at the time of entry, its Entry has not been submitted (in whole or in part) to any other person, and undertakes not to submit its Entry to any competitor of Ruth Koleva at any time during Life of the Party Video Challenge. Thereafter, each Finalist further undertakes not to submit its Entry to any competitor in the regional markets where the Participating Operators operate for a period of one (3) years.
For all revenue received by Ruth Koleva in relation to the Entry following the conclusion of The Life of the Party Video Challenge the Participant shall not be entitled to any revenue. All intellectual property and proprietary rights in each Participant’s Entry shall belong solely to the Participant.
Each Participant represents and warrants that they are the sole and exclusive owner of the intellectual property and proprietary rights in such Participant’s Entry and has the full right to grant to Ruth Koleva the license.
All footage in the Participant’s Entry must be the Participant’s original work.
Any third party images used must be acknowledged within the Entry and/or accompanied with the appropriate third party permissions and clearances.
It is the Participant’s responsibility to ensure that they do not infringe the copyright or intellectual property of another person, group or entity.
To the maximum extent permitted by law, each Participant:
a. undertakes not to seek or initiate any claim or cause of action whatsoever, including in contract, tort (including negligence) or equity, against Ruth Koleva (called the Organiser), the Participating Operators, their business partners, employees and/or related parties;
b. agrees that the total liability of Ruth Koleva, the Participating Operators, their business partners, employees and/or related parties, severally or jointly, will not exceed $500 per claim or cause of action or $5,000 in aggregate. Each Participant agrees that this is fair and reasonable;
c. shall defend and indemnify Ruth Koleva, the Participating Operators, its business partners, employees and/or related parties for and against any and all claims, causes of action, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable lawyers’ fees) that directly or indirectly arise out of or are based on: (a) the Participant’s conduct, activity, error and/or omission, (b) the Participant’s breach of these Terms and/or any law, regulation or rule, and/or (c) the Participant’s actual or alleged infringement of any intellectual property rights or other rights of any person or company.
Termination. The Organiser reserves the right to terminate The Life Of the Party Video Challenge (in whole or in respect of a specific Participant) at its discretion at any time, with immediate effect or on such other date as the Organiser may state, by giving written notice to the Participant(s) in accordance with the clauses below.
Governing Law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including The Life Of the Party Video Challenge), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws in The United States, and each Participant submits to the non-exclusive jurisdiction of the courts of The United States.
Severability: Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Third Party Rights: No person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties).
Force Majeure: The Organiser shall not be liable to the Participants or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to an any event or circumstance the occurrence and the effect of which the Organiser is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of the Organiser.
Publicity: The Organiser reserves the right to use each Participant’s name, photographs and any information relating to the Participant’s application that is not marked as confidential information, for publicity purposes without requiring any further consent, incurring any fee or providing any compensation.
Decision: As regards any decision that the Organiser may make at its discretion, it shall not be required to provide any reason or explanation for its decision. Without prejudice to the foregoing, any reason or explanation provided by the Organiser is for information only, shall not be binding on the Organiser, and does not constitute any representation, warranty or undertaking as to future action or otherwise.
Amendment and Variation: The Organiser reserves the right to amend, modify, add to or otherwise vary these Terms from time to time by giving seven (7) days’ notice thereof to the Participants and any such amendment, modification or supplement shall take effect as from the date specified in such notice. The Participants’ continued participation in The Life of the Party Video Challenge shall be deemed to be conclusive acceptance of such amendments, modifications or variations to these Terms and the Participants shall be bound by these Terms so amended.
Waiver: No failure to exercise or enforce, and no delay on the part of the Organiser in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of the Organiser at any time.
Notices and Correspondence to Participants: All notices and communications by the Organiser to the Participants may be sent or despatched by delivery, post, e-mail, SMS or facsimile transmission or by otherwise making public such notice in any other such manner deemed appropriate by the Organiser.
Any such notice, demand or communication addressed and so despatched to the Participants shall be deemed to have been received by the Participants:
a. in the case of despatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by the Organiser;
b. in the case of despatch by delivery to the address of the Participant, on the date and at the time it was so delivered or left at that address; and
C. in the case of making public such notice in any other such manner deemed appropriate by the Organiser, on the date of the making public of such notice, as applicable.
Notices and Correspondence to the Organiser. All notices and requests to the Organiser shall be in writing and emailed to email@example.com unless otherwise specified to the Participants. The Organiser shall be entitled to regard as ineffective and invalid any notice or request of the Participants the receipt of which has not been confirmed by the Organiser to such Participant.
Personal Data: Each Participant agrees to the Organiser’s collection, use and disclosure of its authorised representatives’ personal data for the purposes of processing its registration for The Life of the Party Video Challenge and facilitating The Life of the Party Video Challenge . Each Participant further agrees to the Organiser contacting it or its authorised representatives by phone call, text messages or email, in relation to The Life of the Party Video Challenge.
Confidential Information: Each Participant undertakes that it shall not:
a. at any time during The Life Of the Party Video Challenge, and at any time after The Life of the Party Video Challenge, disclose to any person any confidential information concerning the Organiser, Participating Operations and The Life of the Party Video Challenge ;
b. retain any confidential information after the conclusion of The Life of the Party Video Challenge ; and
c. commercialise any confidential information, unless otherwise approved by the Organiser in writing.
Participants must notify the Organiser immediately if they are aware of any actual or potential breach of this clause. For the purposes of this clause, “confidential information” means, regardless of the form of disclosure or the medium used to store it, all information that the Organiser deems to be confidential.