Terms and Conditions

The contest owner (the “Organization”) has directed you to this website (the “Website”) to upload your photos and videos (the “Content”) from their collection event owned and operated by ScorePlay’s UGC competition feature through their media asset manager operated by ScorePlay Inc. with a business address of 276 Greenpoint Ave Floor 2, Suite 271, Brooklyn, NY 11222, USA, EIN 92 0919228 (the “Company”). By visiting the Website, you signify your agreement to these terms and conditions (these "Terms"). If you do not agree to any of these Terms, please do not visit or use the Website. The Organization’s sole discretion, modify, or revise these Terms at any time, and you agree to be bound by such modifications or revisions.

1. General Use of the Website. In connection with your visit to, or use of, the Website:

A. You agree not to alter or modify any part of the Website.

B. You agree not to collect any personally identifiable information from the Website.

C. You agree not to use the Website for any commercial purpose, including solicitation, unless you obtain the Organization’s prior written approval.

D. You agree not to use or launch any automated system, including without limitation, robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the servers hosting the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

E. You agree that in your use of the Website, you will comply with all applicable laws.

F. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content Code or enforce limitations on use of the Website or the Content therein. For purposes of these Terms, “Content Code” includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and any other materials displayed on the Website that allow the Website to capture your submissions.

Website Content. The Content Code on the Website, and the trademarks, service marks and logos on the Website, are owned by or licensed to the Organization, subject to copyright and other intellectual property rights under the law. Company or its licensors own and shall at all times retain all right, title, and interest in and to the Content Code (including any intellectual property rights), except for the Content which shall become exclusively owned by the Organization. You may not, for any commercial purpose: copy, modify, translate, reproduce, download, publish, broadcast, transmit, distribute, perform, display, license, sell or create derivative works from any Content or incorporate any Content into any other work, including your own website or social networking pages, or use the Content in any public manner, without the Organization’s prior written consent.

1. Website Availability. The Organization reserves the right to discontinue any aspect of the Website at any time without providing notice to you.
2. Third Party Websites. The Website may contain links to third party websites that are not owned or controlled by the Organization. The Organization has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By visiting the Website, you expressly relieve the Organization from any and all liability arising from your use of any third-party website.
3. Warranty Disclaimer; Limitation of Liability. The Website is provided to you AS IS. Company does not warrant that access to the Website will be uninterrupted or error-free or that defects will be corrected. In no event shall the Organization, and its affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website or Content, (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Organization is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You understand that when using or visiting the Website, you will be exposed to Content from a variety of sources, and that the Organization make no representations with respect to such Content.

Those who access or use the Website from other jurisdictions outside of the country in which the Organization is based do so at their own volition and are responsible for compliance with local law.

1. Warranties and Consents. By completing and submitting Content to the website, you represent and warrant that: (i) you have read and agree to be bound by these Terms and Conditions; and (ii) all of the information provided as part of your photo entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law.

2. User Submitted Content. In the event that you submit any Content to the Website, the following requirements must be met:

   1. You must be at least thirteen (13) years of age or older to submit Content. If you are under eighteen (18) years of age you must have permission from your parent or legal guardian to submit Content. If anyone else under eighteen (18) years of age appears in the Content, you must have permission from that person's parent or legal guardian to submit the Content and to grant the rights set forth herein.
   2. Content may not include any brand names, logos, advertising, or other commercial elements except for that of the Organization.
   3. Content 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 or trademark infringement.
   4. Content may contain multiple people, provided you have consent from each person who may appear in the Content. The Content must be your own Content.
   5. Content must not contain material that is inappropriate, indecent, obscene, offensive, sexually suggestive, defamatory, slanderous, or libelous in nature. Content must not contain material that promotes bigotry, racism, or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
   6. Content must not contain material that is unlawful or in violation of or contrary to the laws or regulations in any jurisdiction where the Content is created or submitted.

   DO NOT SUBMIT YOUR CONTENT IF YOU DO NOT AGREE TO THESE TERMS. BY UPLOADING AND/OR SUBMITTING YOUR CONTENT, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THESE TERMS.

   Consent to Contact by the Organization. You further understand that, notwithstanding any current or prior Do Not Call directive or election to opt-in or opt-out of receiving telemarketing calls, SMS messages, text messages, emails, or other messaging, by entering my contact information, including my mobile or landline telephone number, I hereby expressly authorize the Organization (including its direct and indirect parents, affiliates, and subsidiaries, and its designated agents acting on its behalf) to contact me about future offers such as purchases, through the telephone number or physical or electronic addresses that I have provided, such permitted contact to be expressly authorized via SMS messages, text messages, emails, social media, and telephone calls and messages delivered using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called. I understand that this permission overrides and takes priority directive over any prior listing by me on any Federal or State Do Not Call list and/or any prior listing on the Internal Do Not Call list of the Organization. I understand that I can opt-out of future calls at any time by requesting to be placed on the Organization’s Do Not Call list by calling the Organization or emailing at the organization at their public email address. I also understand that this consent is in no way a condition of any purchase of property, goods, or services, nor shall any of the same be contingent upon the consent provided herein. Your information is secure with us.

   You understand and agree that the Organization is not under any obligation to use your Content in any way. The Organization reserves the right in its sole discretion to use, or not use, any Content, for any reason or no reason. You expressly understand and agree that any Content you submit shall be the Organization’s sole and absolute property for any and all purposes whatsoever, in perpetuity, and the Organization, its licensees, successors, and assigns shall have the unlimited right throughout the universe to copyright and publish, exhibit, or use said material, or any part thereof, in any manner that the Organization shall desire, and in all media now or hereafter devised. By submitting Content, you assign to the Organization all right, title and interest in such Content, and relinquish for the benefit of the Organization any moral rights in the Content. You shall have no right of review or approval, and no claim to compensation or any other claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, alteration, or use in any composite form of the Content.

   Computing and Freedom (EU) The personal information collected in the context of this Game is processed in accordance with the Data Protection Act of January 6, 1978 and the General Data Protection Regulations (GDPR). They are intended exclusively for the conduct of the Game and in particular for the taking into account of participation and the allocation of prizes to winners. They are exclusively intended for use within the framework of the Game and will not be used for other purposes. They will be kept for the time necessary to manage the Game, i.e. 2 years from the date of the prize award. All Participants in the Game have, pursuant to Article 27 of this law, the right to access, modify, rectify and delete data concerning them. In the event of a complaint not resolved directly with the Organization, European Participants may contact the EDPS. (https://edps.europa.eu/data-protection/our-role-supervisor/complaints_en).

By submitting Content, and in consideration of receiving the opportunity to have your Content included in the Website, you represent that: (i) you have the unrestricted right to submit the Content, (ii) the Content complies with these Terms, (iii) the Content does not infringe any third-party rights or interests, and (iv) the Content does not contain any virus, bug, or other technical defect that would corrupt or otherwise affect the security, integrity, or operation of the Website. You (a) agree to bear all charges and other costs you may incur in connection with your preparation and/or submission of Content and (b) unconditionally and irrevocably release the Organization, and its affiliates from any and all liability, claims, or damages relating to or arising out of the inclusion of the Content on the Website or any breach or alleged breach of any representation or agreement you make hereunder. You understand that the Organization does not guarantee any confidentiality whatsoever with respect to any Content you submit. You shall be solely responsible for your Content and the consequences of submitting your Content to the Website.

1. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): You acknowledge that if you fail to comply with all the requirements of this Section 7, your DMCA notice may not be valid.
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Organization, and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity, or privacy right; or (iv) any claim that Content provided by you caused damage to a third party. This defense and indemnification obligation will survive your use of the Website.
3. Ability to Accept these Terms. You affirm that you are either eighteen (18) years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Website is not intended for children under thirteen (13). If you are under thirteen (13) years of age, you may not access, visit, or use the Website.