MAKE IT HAPPEN CONTEST
These rules (the “Official Rules”) govern the Make It Happen Contest (the “Contest”) and set forth the terms and conditions between Sign & Graphics Operations LLC, N Glantz and Son, and United Application Standards Group (collectively, the “Sponsors”) and each entrant and participant of the Make It Happen Contest application on the Facebook platform (the “Application”). Internet access, email address and Facebook membership required to participate; a Twitter account is also recommended. Free internet access is available at many public libraries.
The Contest is intended for viewing and participation in the United States, by United States residents, only and shall be subject to all applicable federal, state and municipal laws and regulations.
To enter a Submission (defined below) in the Contest, you must be at least 18 years of age at the time you enter your Submission.
If you are under 18 years of age, you are not allowed to participate in any manner in the Contest.
We invite and encourage you to enjoy conversations, promotions, contests and other activity you’ll find in this community. However, as we want this to be a positive experience for those involved, photos, comments and other material deemed “unproductive” will be removed at our discretion. We look forward to meeting and interacting with our fans!
- VERY BRIEF OVERVIEW OF THE CONTEST. The Contest will begin on January 6, 2014, and will end on August 31, 2014. From January 6, 2014 through July 31, 2014, individuals who are at least 18 years of age will be able to enter themselves or their business by submitting a photograph along with a brief description of why they deserve to win. A panel of three judges chosen by the Sponsors will then select the ten finalists who will be posted to the Facebook Application for voting by the public no later than August 5, 2014. From the time the finalists are posted through the end of August, members of the public may vote once per email address per day for the entrant of their choice. On or about September 2, 2014, the entrant that received the most votes will be notified that it won the Contest. After the winner has been notified and accepted the prize, the winner will be announced on the Facebook contest page. The winner will receive interior graphics products and services, valued at $5,000.
- ELIGIBILITY - ENTRANTS. In order to be eligible to enter this Contest, an entrant must:
- be an individual person who is at least 18 years of age and is a legal resident of one of the 50 United States or the District of Columbia, or be a corporation, general or limited partnership, sole proprietorship, or limited liability company organized under the laws of any one of the 50 United States or the District of Columbia (each an “Entrant”). If the Entrant is not an individual person, the individual acting on behalf of the Entrant must be at least 18 years of age and an authorized representative of Entrant;
- enter into the Contest during the Nomination Period (defined below):
- not be subject to any United States sanctions; and
- have an email account in the name of an individual.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. The Sponsors reserve the right, in their discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
Entrants may be deemed ineligible if in Sponsors’ complete and absolute discretion, the Entrant or affiliated business entities, among other things:
- is, or has been, under any investigation for fraud, financial misconduct or other criminal activity;
- promotes or suggests, directly or indirectly, the use of firearms/weapons, any illegal drugs, prostitution or pornography, violence, or the underage use of alcohol;
- suggests or encourages, directly or indirectly, the taking up of arms against any person, government or entity or otherwise challenges or seeks to overthrow any government;
- discriminates against, disparages or denigrates any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
- disparages, denigrates (in writing or otherwise), or acts by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Sponsors, their affiliates, designees, licensees or franchisees, or Participants or Entrants participating in the Contest;
- whose primary purpose is to advance a religious denomination, expand membership or encourage conversion;
- supports or promotes in a Submission the pro-life or pro-choice movements;
- spends a significant amount of time advancing a particular political party or candidate or supporting lobbying for any particular party, candidate and/or cause, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
- participates in the Contest, or otherwise conducts itself, in an unsportsmanlike or inappropriate manner; or
- violates the Official Rules.
Notwithstanding the foregoing, the following persons are not eligible to enter the Contest: (i) persons holding a direct or indirect ownership interest (whether of record, beneficially, or otherwise) or voting rights in any of the Sponsors, or their affiliates, licensees or franchisees, or their respective successors, subsidiaries, or assignees (each a “Contest Party”); (ii) the directors, officers and employees of a Contest Party; and (iii) the immediate family members (spouse, parents, children, siblings and “steps” of each) and those persons living in the same household(s) (those persons whether related or not who live in the same residence for at least 3 months during the 12-month period preceding the start date of the Contest) of a person, director, officer or employee specified in subparagraphs (i) or (ii).
Any Entrant determined to be ineligible at any time will be disqualified. Sponsors retain the right at their discretion to determine eligibility and reserve the right to disqualify any Entrant at any time for any reason whatsoever. Decisions by the Sponsors will be binding and conclusive on all matters.
- CONTEST PERIOD. Entrants may enter the Contest between 12:00:01 a.m. Eastern Time (“ET”) on January 6, 2014 and 11:59:59 p.m. ET on July 31, 2014 (“Nomination Period”). No later than August 5, 2014, the 10 finalists will be chosen pursuant to Section 8 and posted on the Application. From the date the finalists are posted on the Application through 11:59:59 p.m. ET on August 31, 2014 (“Voting Period,” together with the Nomination Period referred to as the “Contest Period”), the Contest will be open to voting by all eligible Participants.
- ENTRANT PROFILE. After an Entrant has successfully registered according to the on-screen instructions, a profile of the Entrant (“Entrant Profile”) will be created that will contain the Entrant’s Facebook profile (if it has one), the Entrant’s name and the Submission.
- ENTRANT SUBMISSIONS. An Entrant may submit a photograph along with a brief description of why the Entrant deserves to win (“Submission”), in accordance with Section 13 of these Official Rules, to its Entrant Profile during the Nomination Period. After this time, the ability to edit content may be limited or unavailable.
- SELECTION OF FINALISTS. No later than August 5, 2014, a panel of three judges consisting of Sponsors’ employees shall vote on and select the 10 finalists from all of the eligible Entrants. To be eligible as a finalist, the Entrant must be in full compliance with these Official Rules. The finalists will then be posted on the Application, and the Voting Period shall begin.
- SELECTION OF WINNER. During the Voting Period, eligible Participants may log onto the Application and vote for Entrants. Each Participant is limited to one vote per email address per day.
At the close of the Voting Period, the Entrant that receives the most votes will be deemed the winner (“Winner”). In the event of a tie, the winning Entrant will be chosen based on who received the most votes first according to the timestamp within Sponsors’ records. Any votes not cast will be considered void. Sponsors are not responsible for, nor are they required to count, in their absolute discretion, late, lost, misdirected, unlawful or illicit votes, votes cast for Entrants later determined to be ineligible, votes achieved through automated means, by registering more than one user profile, using another Participant’s e-mail account and name, as well as those that are achieved through other fraudulent means, unsportsmanlike conduct or in a manner otherwise inconsistent with these Official Rules. Entrants and Participants agree that Sponsors have the absolute right to decide all matters and disputes arising from the Contest and that all decisions of Sponsors are final and binding.
10. ODDS OF WINNING. Odds of being selected the Winner depend on the number of eligible Submissions entered in the Contest and on the number of votes cast by Participants.
11. PRIZE DETAILS. One Winner will receive interior graphics products and services, including design, materials and installation (“Prize”). The design may not contain content deemed inappropriate by Sponsors, and if the design features a brand, design or photographic image owned by someone other than Winner, Winner must obtain permission to use such brand, design or photographic image. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. The Winner may not substitute, assign or transfer the Prize or redeem the Prize for cash, but Sponsors reserve the right, at their discretion, to substitute the Prize (or a portion thereof) with one of comparable or greater value. The Winner will be required to substantiate that it meets the eligibility and other requirements of these Official Rules, which may include the Winner signing and returning a notarized Affidavit of Eligibility/Compliance and providing its federal employer identification number or social security number for tax purposes. The Winner may also be required to complete and return a Publicity Release. If required, documents must be returned within 10 days of receipt or the Winner may be disqualified. Federal, state and local taxes and fees, if any, are the Winner's sole responsibility. Approximate retail value of the Prize is $5,000. Entrant further acknowledges and agrees that it shall be required to pay for any costs and expenses associated with Prize acceptance and use not specified herein as being provided. All prize details are at Sponsors’ complete discretion. Limit one (1) Prize per Entrant.
The Winner, by acceptance of the Prize, agrees to release, indemnify and hold harmless each Contest Party, and their respective owners, directors, officers, employees, partners, agents, successors, subsidiaries, assignees, contractors, suppliers, and advertisers, as well as Facebook (collectively, “Released Parties”) from any and all liability, loss, damage, cost or claim relating to, regarding or arising out of the acceptance or use of the Prize.
12. WINNER NOTIFICATION AND ANNOUNCEMENT. On or about September 2, 2014, Winner will be notified by telephone and/or email using the information provided in Entrant’s registration form. Notification will be attempted a minimum of three (3) times. If any selected Entrant does not respond to the notification within three (3) days of the final attempted contact, if the contact information provided is non-operative or non-operational, or if the selected Entrant is unwilling or unable to accept the Prize offered, the Prize will be forfeited and the Entrant who received the second highest number of votes will be deemed the Winner. The Winner will be announced on the Contest tab of the Contest Facebook fan page after it has been notified and accepted the Prize. The name of the Winner may also be obtained at any time within 30 days following the close of the Voting Period by submitting a written request to any of the Sponsors at their address provided in Section 21 below.
13. IMPORTANT LEGAL NOTIFICATIONS & REQUIREMENTS RELATING TO SUBMISSIONS.
- SUBMISSION REQUIREMENTS. Before uploading a Submission, an Entrant will be required to agree that it has received permission for the use of the image/likeness of any and all identifiable persons appearing in the Submission. The posting or posting and sharing of any Submission does not constitute Sponsors’ approval of such Submission in compliance with these Official Rules and Sponsors retain the right to remove, at any time, any posted or posted and shared Submission. All Submissions must be in English.
- REFERENCE TO THIRD PARTIES. A Submission may not, either explicitly or implicitly, name, identify, refer or allude to the names of any third parties unless the Entrant has secured the express written permission of the use of the names, identities, etc. and is able to provide Sponsors with such written permission upon Sponsors’ request. If any such third parties are under the age of 18, Entrant must have the express written permission for such usage from the minor’s parent or legal guardian and be able to provide Sponsors with such written permission upon Sponsors’ request.
- REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY. By submitting a Submission, Entrant represents and warrants that: (i) it owns all rights and title to the Submission and the Submission is solely the Entrant’s own original work; (ii) it does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party; and (iii) the Entrant has obtained permission from each person who has in any way participated in or whose efforts have in any way contributed to the creation of or is named, mentioned, identified, referred or alluded to in any of the foregoing and that such person(s) have granted the Entrant all necessary rights regarding their use, and Entrant can and will make written copies of such written permissions available to the Sponsors upon request. If such person is a minor, upon request by Sponsors or Sponsors’ designees, such grant of rights must include written permission from the minor's parent or legal guardian.
- GRANTS/WAIVERS. By submitting a Submission, Entrant irrevocably grants each Contest Party, the unconditional, unlimited and perpetual right and permission to copy, transmit, publish, post, broadcast, communicate to the public by telecommunication, display, adapt, exhibit, reproduce, encode, store, and/or otherwise use, reuse, or not use the Submission or any portion thereof that has been submitted, as originally submitted or as edited/modified in any way by the Sponsors, in their discretion in this Contest, in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from Entrant. Entrant understands and agrees that although it has granted each Contest Party the right to use or re-use the Submission, each Contest Party, in its sole discretion, may elect not to so use them or remove them. ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT IT WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING EACH CONTEST PARTY THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH MATERIALS BY A CONTEST PARTY OTHER THAN ANY PRIZE THAT MAY BE AWARDED AS A WINNER. Entrant hereby waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude a Contest Party’s use of the Submission and agrees not to sue or assert any claim against the Released Parties arising out of or connected to the use of such Submission or Entrant’s participation in this Contest.
14. LIMITATIONS OF LIABILITY/INTERNET. Sponsors are not responsible for lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use, net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsors are not responsible for any typographical or factual errors, incorrect or inaccurate information, whether caused by any website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical or factual error, theft or destruction or unauthorized access to any website(s). Additionally, Sponsors bear no liability for acts of force majeure or other acts which interfere with the intended proper administration, operation and fulfillment of this Contest. Sponsors are not responsible for any injury or damage, whether personal or property, to an Entrant’s or Participant’s computer related to or resulting from participating in this Contest. If, for any reason, Sponsors in their discretion, believe that the Contest is not capable of running as intended, Sponsors reserve the right at their discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest in a manner they deem fair and reasonable, which shall include the selection of a Winner from among eligible entries received prior to said cancellation, termination, modification or suspension. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the case of an individually-owned domain, the owner of the domain name will be deemed the “Authorized Account Holder,” or in the case of Facebook, the natural person who created the Facebook account. Sponsors reserve the right to disqualify any individual found, in their opinion, to be tampering or attempting to tamper with the operation of the Contest; to be acting in violation of these Official Rules; to be acting with the intent to disrupt the normal operation of this Contest; or to be otherwise acting in an unsportsmanlike manner. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Any attempt to deliberately damage a website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsors reserve the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. THE CONTEST PARTIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS DO NOT APPLY.
15. INDEMNIFICATION AND RELEASE. Each Entrant and Participant agrees to release and hold harmless Released Parties from any and all liability with respect to, or in any way arising from, this Contest, including, but not limited to, any suspension, modification or cancellation of the Contest, Submissions received and/or acceptance or use of the Prize, including liability for personal injury, death, damages or loss. Sponsors are not responsible for Prize quality or utility. Furthermore, by participating in the Contest, each Entrant and Participant agrees to indemnify, defend and hold harmless Released Parties from and against any and all claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees and costs) which arise out of any breach of these Official Rules, or other actions or omissions in connection with this Contest.
16. WARRANTIES AND DISCLAIMERS. Entrants and Participants represent and warrant that anything submitted through the Application does not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way. Furthermore, Entrants and Participants represent and warrant that they have not and will not take any action that interferes with the rights granted to Sponsors under these Official Rules.
THE APPLICATION MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPONSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THIS CONTEST. THE ENTIRE RISK AS IT RELATES TO THE APPLICATION AND CONTEST IS ASSUMED BY ENTRANTS AND PARTICIPANTS.
19. Miscellaneous. A Sponsor will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by such Sponsor. No delay or omission on Sponsors’ part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. The pages within the Application may contain links to other third party websites. Sponsors do not control, nor are they responsible for, endorse or guarantee the content, products, services or other information or recommendations provided by linked sites, and are not liable for reliance on or use of such items on those sites. Access, use and reliance upon such content, products or services are at the Entrant’s or Participant’s own risk.
21. Sponsors: Sign & Graphics Operations LLC, 8681 Robert Fulton Drive, Columbia, MD 21046; N Glantz & Son, 2501 Constant Comment Place, Louisville, KY 40299; and United Application Standards Group, 8265 E. Serene Ridge Lane, Anaheim, CA 92808.
Facebook is a registered trademark of Facebook, Inc.
MAKE IT HAPPEN CONTEST
Last Updated January 9, 2014
The terms “you” or “your” refers to you, the visitor to or user of the Application, including, but not limited to, Entrants, Entrant Representatives (defined below) and Participants.
In connection with your participation in the Contest, you must always get permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in any photos or content you post (each a “Submission”). This includes getting permission from parents or guardians if the person is under the age of 18. Also, avoid submitting content without consent that reveals:
- a person’s last name
- a person’s address or other information about where he/she lives
- a person’s email address, phone number, or other contact information
- a person’s school ID number, social security number / social insurance number, or other such information
- details about a person’s schedule and whereabouts
- anything embarrassing
- anything you wouldn’t want revealed about you
“Personal information,” as used in this policy, is information that specifically identifies an individual, such as an individual’s name, address, phone number or e-mail address. Personal information also includes information about an individual’s activities, such as information about his or her activity within the Application and in connection with the Contest, and demographic information, gender, geographic area, and preferences, when any of this information is linked to personal information that identifies that individual.
Personal information does not include “aggregate” or other non-personally identifiable information (“Non-Personal Information”). Non-Personal Information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed and cannot be deduced.
Collection of Information
Passive Information Collection
If you are an Entrant, when you register to use the Application and enter the Contest, some information may be collected automatically, such as your legal name, Platform profile, Platform friends, Platform log-in status, IP address, browser type, system type, the content and pages that you access or browse within the Application, as well as the time you spend within the Application.
We collect this information, as well as Non-Personal Information, passively using technologies such as standard logs, cookies, and clear GIFs (also known as “Web beacons”). We use such information to administer, operate, and improve the Application, our Contest, and our other services and systems.
Collection of Voluntarily Provided Information
If you are an Entrant, when you register to use the Application, we collect information on you and the natural person entering you in the Contest (the “Entrant Representative”). Such information includes, but is not limited to, your full legal name, mailing address and website URL, if applicable, and the Entrant Representative’s full legal name, job title or description of other affiliation with Entrant, and email address. We create a user profile using the information you and the Entrant Representative provide during registration, and any other information you provide and allow. Specifically, the user profile will include (i) your legal name, (ii) your Platform profile, and (iii) content you or the Entrant Representative provide, which may include any of the information collected during registration, as well as content Participants provide about you that you allow. If you are chosen as a finalist in the Contest, a user profile will be posted within the Application and viewable by any Participant who accesses the Application. Participants are not required to be registered users of the Application to view content, including your profile within the Application.
We may also collect personal information that Entrants provide to us when they post Submissions through the Application. When Entrants or Participants request help or support, or otherwise communicate with us, we collect the personal information that is provided to us.
Information from Other Sources
If you are an Entrant, we may receive information about you from third parties, including Participants who vote for you, and may combine this information with other personal information we maintain about you. If we do so, this policy governs any combined information that we maintain in personally identifiable format.
Storage and Use of Personal Information
If you are an Entrant, we store and use your full legal name, phone number, email address and mailing address for the purpose of fulfilling any prize you might win in connection with the Contest. We also provide your email address to the franchisee of your local Image360 franchised location to provide you emails with information regarding products, services and offers. We may store and use other personal information: to provide services and information that you request; to enhance, improve, operate, and maintain the Application or the Contest, our other programs, services, and systems; to prevent fraudulent use of the Application and the Contest; to tailor your experience; and to maintain a record of our dealings with you, and for other administrative purposes.
Disclosure of Personal Information
If you are an Entrant, you agree that we may disclose to SGO’s franchisees the email address you provide to contact you regarding products, services, and offers that we or SGO’s franchisees believe you may find of interest. If you do not wish to receive emails with information regarding products, services and offers, you can opt-out at the time of registration by checking the relevant box on the registration form or at any time by following the unsubscribe link contained in any email sent to you.
You agree that we may also disclose information if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
You agree that personal information that an Entrant includes in a user profile or in any other information posted through the Application, including Submissions, may be accessible to Participants, regardless of whether those users have registered to use the Application and regardless of whether or not they are Facebook friends of the Entrant.
In addition, you agree that information about you, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy, or receivership in which personal information could be transferred to third parties as one of SGO’s, N Glantz’s or UASG’s business assets.
Personal Information Available to Third Parties
Some features on the Application may allow you to post or submit personal information that is made available to Participants. For example, if you post a Submission, any personal information that is included with that Submission may be made available to Participants who view it. We recommend that you do not provide any personal information in Submissions. See Privacy Tips discussed above for tips on how to avoid including private information in Submissions. If personal information is included in any Submissions, it is done so at your sole risk. We require that you do not provide any personal information about others in your Submissions. Although we use industry best practices to protect personal information from being disclosed, remember that no security measures are impenetrable or perfect. Additionally, even after information is posted through the Application, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available through the Application. We cannot warrant or guarantee that any personal information that you provide or that is provided about you through the Application or in connection with the Contest will not be accessed, viewed, or used by unauthorized persons.
Some Entrants or Participants may choose to encourage others to participate in the Contest and vote for certain Entrants. For example, some Entrants or Participants may send emails, use social media platforms, or use offline methods to communicate with others regarding the Contest. While we encourage Entrants and Participants to not disclose personal information in such communications, and for Participants and Entrants to obtain all necessary permissions to use the name and likeness of any individuals included in the communications, as well as the intellectual property of others, we have no control over what Entrants and Participants do outside of the Application. The information in an Entrant user profile, as well as additional information about the Entrant or a Participant, may be publicly displayed or otherwise communicated to others by Participants outside of the Application.
The Application may contain links to websites, including those of Image360 centers or other applications, products, or services that we do not own or operate. If you choose to visit or use any third-party products or services, please be aware that this policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. We do not knowingly collect personal information from minors, nor do we knowingly allow them to register to use the Application or participate in the Contest. Do not try to register to use the Application or participate in the Contest if you are under the age of 18.
We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, including premises security; restricted file access to personal information; and internal password and security policies. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. Personal information transmitted to us is done so at your own risk.
Updates to this Policy
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the beginning of the policy. Your continued use of the Application after such changes will be subject to the then-current policy. We encourage you to periodically review this policy to stay informed about how we collect, use, and disclose personal information.
Access to Personal Information
You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
Your rights to access your personal information are not absolute.
We may deny access when:
- denial of access is required or authorized by law;
- when granting you access would have an unreasonable impact on other people’s privacy;
- to protect our firm’s rights and property; or
- where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct information, we will explain why.
How Long we Keep your Personal Information
We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required by law, whichever is longer.
MAKE IT HAPPEN CONTEST
Last Updated January 9, 2014
The terms “you” or “your” refers to you, the visitor to or user of the Application, including, but not limited to, Entrants and Participants.
License to Use the Application
By visiting and using the Application, you represent to us that you are at least 18 years old. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THE APPLICATION. To use the Application, you must reside in and access the Application from the United States. By accessing the Application, you represent and warrant to us that you are a current legal resident of the United States. Eligibility and other rules for the Contest can be found in the Official Rules.
You must comply with all applicable laws when using the Application. We ask that you respect our online Application community and participating individuals, including the privacy of other users. Your conduct should be guided by common sense and basic etiquette. To further these common goals, except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else, to:
(a) Store, copy, modify, distribute, or resell any of the information or audio, visual, and audiovisual works, or other content made available through the Application or Contest (“Application Content”) or to compile or to collect any Application Content as part of a database or other work;
(b) Use any automated tool (e.g., robots, spiders) to use the Application, or to participate in the Contest, or to store, copy, modify, distribute, or resell any Application Content;
(c) Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming;”
(d) Use our or the Platform’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Application, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission;
(e) Rent, lease, or sublicense your access to the Application, Application Content, or Contest to another person;
(f) Sell or otherwise transfer your profile or account on the Application or the Contest;
(g) Use the Application, Application Content, or Contest for any purpose except for your own personal use;
(h) Circumvent or disable any digital rights management, usage rules, or other security features of the Application, Application Content, or Contest;
(i) Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information of any kind; or harvest user names, email addresses or other personal information for any purpose;
(j) Use the Application or Contest in a manner that threatens the integrity, performance, or availability of the Application or the Platform;
(k) Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application, Application Content, or Contest;
(l) Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Application, Application Content, or Contest;
(m) Post or transmit any material that is unrelated to the subject matter of the Contest; use our or the Platform’s facilities, services or resources (including the Application) in a manner which violates any applicable laws or regulations;
(n) Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements, or the rights of any third party;
(o) Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(p) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
(q) Post Submissions that contain nudity, violence, or offensive subject matter;
(r) Post photographs of another person without such person’s consent or without the right to do so; or
(s) Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous.
Modifications to the Application
We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or a part of the Application or Contest without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application or Contest.
Links and Third Party Content
The Application may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
For full rules of the Contest, including eligibility requirements, how to win the prize, odds of winning, beginning and ending dates, and other important information, see the Official Rules.
If you are an Entrant, when you register to use the Application and enter the Contest, we create a user profile using the information you provide and allow, specifically (i) your legal name, (ii) your Platform profile, and (iii) content you have provided about you. Your profile may be posted within the Application and viewable by any user who accesses the Application. Participants are not required to register on the Application to view content, including your profile, within the Application. As an Entrant you have the option to delete the Submission posted to your profile at any time.
Use and Access Outside the United States.
We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Application (“Feedback”). You agree that we and our affiliates, licensees or franchisees, and our and their respective owners, directors, officers, employees, partners, agents, representatives, subsidiaries, successors and assignees (“Contest Parties”) may, in our discretion, use the Feedback you provide in any way, including in future modifications to the Application. You hereby grant us and the Contest Parties a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer of Warranties
Limitation of Liability
SGO, N GLANTZ AND UASG AND THE CONTEST PARTIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, SUBSIDIARIES, EMPLOYEES, OWNERS, AGENTS, PARTNERS, SUCCESSORS, ASSIGNS, CONTRACTORS, FRANCHISEES, SUPPLIERS, AND ADVERTISERS, AND FACEBOOK (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SGO, N GLANTZ OR UASG HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE APPLICATION AND APPLICATION CONTENT, OR PARTICIPATION IN THE CONTEST. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR APPLICATION CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Application in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Application where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated agent for notice of copyright infringement can be reached at:
Sign & Graphics Operations LLC
Attention: Compliance Department
47585 Galleon Drive
Plymouth, MI 48170
Updates to this Application and License Agreement
Any questions, comments or complaints regarding the Contest must be directed to us at firstname.lastname@example.org and not to Facebook.