#GRAYCARD1 Mosaic – Terms and Conditions
FUNDRAISER PERIOD. Fundraiser begins at 12:01 PM PT on 11/03/15 and ends at 11:59 PM PT on 01/19/16, when all photographs must be received (“Fundraiser Period”). Fundraiser Period may end at any time due to a sellout. You must be 18 years of age or older to submit a photograph for the Fundraiser (for the avoidance of doubt, the persons appearing in the photos do not have to be 18, provided the photograph otherwise complies with these Terms and Conditions).
HOW TO SUBMIT A PHOTO. Visit www.graycard.com during the Fundraiser Period and follow the instructions to complete and submit a photograph. There are two donation levels. A donation of $5.00 will entitle entrant to submit up to five (5) photos and allows you to receive a free subscription to GRAY CARD’s online edition. Under no circumstance will GRAY CARD refund a donation once received. You must upload a photo and description as instructed (“Submission”). Entrants represent and warrant that their Submission is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Entrant must have permission from all individuals, including the parents or legal guardian of anyone under the age of 18, that appear in the Submission (if any) to use their name and likeness in each photo and to grant the rights set forth herein. If requested by GRAY CARD, entrant must be able to provide such permissions in a form acceptable to GRAY CARD. There is no limit to the number of donations and unique entries an entrant may submit throughout the Fundraiser Period.
PHOTO GUIDELINES. By uploading a photo, you agree that each photo conforms to these Terms and Conditions and that GRAY CARD may disqualify and not utilize any of your photos if they fail to conform to these Terms and Conditions, as determined by GRAY CARD in its sole discretion. The decisions of GRAY CARD regarding the Submissions are final in all respects. If GRAY CARD rejects any photo for non-compliance with these Terms and Conditions, entrant will have an opportunity to submit an alternative photo(s). Under no circumstance will GRAY CARD refund a donation.
Photo Guidelines:
Photos must be in .jpg format
Photos must not exceed 6 MB in size
Content Restrictions:
Photos cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Photos must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
Photos must not disparage GRAY CARD, Shantel VanSanten or any other person or party affiliated with the promotion and administration of this Fundraiser.
Photos must not contain material that is inappropriate, indecent, obscene, lewd, sexually suggestive, hateful, defamatory, slanderous or libelous.
Photos must not contain material that promotes bigotry, racism, hatred or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
Photos must not contain material that is associated with drugs or alcohol.
Photos must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the photo is created.
Photos must not contain any logos or graphics. Only photographs will be accepted for submission.
Submissions must be of one single photograph. No photo collages will be accepted.
Any Submission that does not comply with the foregoing, or is otherwise deemed by GRAY CARD to be inappropriate, will be disqualified from participation in the Fundraiser by GRAY CARD, in its sole discretion.
By submitting a Photo, and in consideration of receiving the opportunity to have the Photo included in the Mosaic:
You represent that (i) you have the unrestricted right to submit the Photo, (ii) the Photo complies with these Terms and Conditions, (iii) the Photo does not infringe any third party rights or interests, and (iv) the Photo does not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of the Website.
OWNERSHIP AND LICENSE. All entry materials become the property of GRAY CARD and will not be acknowledged or returned. By uploading a photo, entrant irrevocably grants to GRAY CARD a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, add to, publish, create derivative works from, and display a Submission, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. GRAY CARD, and/or others authorized by GRAY CARD, shall have the right to edit, adapt, and modify the Submission. For participation in the Fundraiser, you hereby give permission and consent, now and for all time, to GRAY CARD and third parties collaborating with GRAY CARD to make, reproduce, edit, broadcast or rebroadcast any Submission, for publication, display, sale or exhibition thereof in promotions, advertising and legitimate business uses without any compensation to, and/or claim, by you. You may, or may not be, identified in such reproductions; however, you shall not be stated by name to have endorsed any particular commercial products or commercial services.
CONSENT AND RELEASE. By entering the Fundraiser, each entrant releases and discharges GRAY CARD, and any other party associated with the development or administration of this Fundraiser, the affiliated entities of each, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “GRAY CARD Entities”), from any and all liability whatsoever for any injuries, losses, harm, damage (including without limitation, property damage, personal injury and death), claims (including without limitation, claims based on rights of publicity or privacy, defamation, and portrayal in a false light), actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) (collectively, “Claims”), arising directly or indirectly from or in connection with this Fundraiser, entrant’s participation in the Fundraiser and the Submission.
INDEMNIFICATION. By entering the Fundraiser, all entrants agree to release, hold harmless and indemnify GRAY CARD Entities from and against any and all Claims arising directly or indirectly from or in connection to entrant’s participation in the Fundraiser and the Submission.
DISCLAIMERS. (i) Photographs that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Administrator’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) GRAY CARD in its sole discretion, reserves the right to disqualify any person tampering with the submission process or the operation of the web site. Use of bots or other automated process to submit material is prohibited and may result in disqualification at the sole discretion of GRAY CARD. (iii) GRAY CARD further reserves the right to cancel, terminate or modify the Fundraiser if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) GRAY CARD Entities are not responsible for errors in the administration or fulfillment of this Fundraiser, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Fundraiser based upon such error at its sole discretion without liability. (v) GRAY CARD reserves the right to shutdown the Fundraiser website at any time. (vi) GRAY CARD reserves the right to remove the physical mosaic from public display at any future point in time. (vii) GRAY CARD reserves the right to replace the photos in the mosaic at any future time, but agrees not to do this until a minimum of three years have passed. (viii) GRAY CARD ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS FUNDRAISER OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY COMPONENT OF ANY SUBMISSION. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS FUNDRAISER MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, GRAY CARD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
APPLICABLE LAWS AND JURISDICTION: This Fundraiser is subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Fundraiser or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Fundraiser will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Los Angeles County, California in any action to enforce (or otherwise relating to) this Fundraiser.
ADMINISTRATOR. The administrator of this mosaic is GRAY CARD, located at:
GRAY CARD | 4400 Irvine Ave, Suite 12 | Studio City, CA 91602