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Terms • Call for Mutual Rescue Stories 2017

Mutual Rescue™ Stories Terms & Conditions

Humane Society Silicon Valley

PROGRAM

The Mutual Rescue™ “Call for Mutual Rescue Stories 2017” (the “Program”) is located at www.MutualRescue.org (the “MR Site”) and is provided by Humane Society Silicon Valley (“HSSV”).

The Program begins on April 5, 2017 at 12:00 AM Pacific Time (PT) and ends on June 30, 2017 at 11:59 PM PT (“Entry Period”). Final selections will be announced in the fall of 2017.

Please read these Program Terms (“Terms”) carefully. These Terms are an agreement between you and Humane Society Silicon Valley (“HSSV”) and assign HSSV ownership rights in the selected entry submissions and requires your cooperation for production and publicity-related activities should your entry be selected. For more information see the section titled “Submission Requirements” below.

1. Eligibility:

The Mutual Rescue™ “Call for Mutual Rescue Stories 2017” (the “Program”) is open to participants who are at least thirteen (13) or older as of the date of entry. Employees of Humane Society Silicon Valley are not eligible to participate in the Program. Entrants under the age of 18 must have permission from their parents or legal guardians to participate. Participation in the Program constitutes entrant’s full and unconditional agreement to and acceptance of these Terms.

2. To Enter:

To enter a Submission (defined below), you must do the following during the Entry Period:

(i) Visit the Call for Mutual Rescue Stories 2017 page at www.MutualRescue.org

(ii) Follow the instructions on the page and fill out the entry form in its entirety; and

(iii) Submit the entry form and include the mutual rescue story that you are submitting to be considered that describes how you or another person (“Third Party Subject”) rescued an animal and how that animal rescued you or the Third Party Subject (each a “Submission”), by clicking on the “Submit” button. The Submission includes, without limitation, the story and related content that make up the Submission.

See the Section below titled “Submission Requirements” for further information about the prerequisites Submissions.

Limit 1 Submission per animal subject. You can submit as many times as you like during the Entry Period, but each Submission has to involve a different animal. For example, you may have three animals with three different mutual rescue stories. You can make three individual Submissions with each telling the story for a specific animal, but you cannot have more than one Submission regarding the same animal. Submitting multiple entries that violate any of these Terms may result in disqualification.

3. Submission Requirements:

a. Your Submission must meet the following technical and content Requirements:

i. Your Submission must be in English.

Ii. The story cannot exceed 750 words. Please note that submissions will not be judged on the quality of writing or optional photos or video.

iii. The animal subject of your Submission must not have been purchased from a breeder or a commercial operation.

iv. Your Submission must be in the designated entry format as identified on the entry form and meet any other technical requirements described on the entry form. For example:

v. For optional videos, you can submit a URL that hosts the original content for your Submission and are responsible for ensuring access is available to the private content.

b. By entering a Submission, you represent and warrant that the Submission: (i) is your own original work and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation; (ii) has not been previously awarded a prize, or award during any other contest or promotion; (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent, does not show illegal or other inappropriate or dangerous behavior, or is not in keeping with the image of the Mutual Rescue’s brand, all as determined by HSSV in its sole discretion; and (iv) if it includes material or elements that are not owned by you and/or are subject to any rights of any third parties, you have obtained any and all licenses, releases, permissions and consents necessary to permit the use and exhibition of the Submission by HSSV in the manner set forth in these Terms, including, without limitation, any name and likeness releases for any person, including without limitation any Third Party Subject, who appears in or is identifiable in the Submission, prior to submission.

c. License Grant to HSSV. By entering the Program and/or submitting any Submission, you hereby grant to HSSV a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through multiple tiers), to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including on and through third-party distribution channels selected by, but not affiliated with, HSSV, for both commercial and noncommercial purposes. The rights you are granting to HSSV include the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Submission. You agree that neither HSSV nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein. By entering the Program you further agree to sign any necessary documentation that may be required for HSSV and its designees to make use of the rights you have granted in these Terms.

d. If a Submission does not meet the criteria set forth herein, HSSV may disqualify and discard the Submission either immediately or at any time. By entering a Submission, entrants acknowledge that HSSV may obtain other Submissions that are similar or identical in theme, format or other respects to that submitted by the entrant. Submitters acknowledge that, by entering a Submission, HSSV does not waive any rights to use similar or related ideas, themes, or concepts previously known to HSSV, or developed by its employees, or obtained from sources other than the entrant. HSSV has the right to review all Submissions and all Submissions may or may not be used or posted on www.MutualRescue.org or on HSSV’s website, at HSSV’s sole discretion. By entering a Submission, you agree that HSSV is not responsible for any unauthorized use of Submissions by third parties. HSSV reserves the right to take down any Submission for any reason at any time.

e. By entering the Program and/or submitting any Submission, without limiting any other terms of these Terms, in the event your submission is selected, you acknowledge and agree to the following:

f. You hereby irrevocably transfer and assign to HSSV and agree to irrevocably assign and transfer to HSSV all of your rights, title, and interest in and to your Submission, including all intellectual property rights therein. At HSSV’s request and expense, you agree to execute documents and take such further acts as HSSV may reasonably request to assist HSSV to acquire, perfect and maintain its intellectual property rights and other legal protections for the Submission.

i. At HSSV’s reasonable request and expense, you will make best efforts to:

(a) cooperate with HSSV and its designees as necessary to produce and develop the Opportunity (defined below);

(b) participate in media events and opportunities related to the advertisement and distribution of the Opportunity, including engaging in photo sessions, interviews and promotional appearances; and

(c) to the extent your Submission involves a Third Party Subject, ensure that the Third Party Subject complies with (a) and (b) of this Section 3(d). Any Third Party Subjects will be required to sign all required affidavits and releases and you agree to help facilitate his or her execution of any such documentation. Potential award opportunities given to minors will be awarded to the parents or legal guardians, who must also sign all required affidavits and releases.

4. Review of Submissions:

All qualified Submissions will be reviewed by a panel of judges with the final selections chosen by HSSV and the filmmakers. See www.mutualrescue.org for more information on the judges.

Once the Entry Period has ended, the Submissions will be reviewed according to the following factors: (i) originality; (ii) the appeal of the mutual rescue narrative (i.e., details of how the person rescued the animal and how the animal rescued the person); and (iii) emotional impact.

HSSV may reach out to entrants to interview them about their Submissions and to gather more background information. Using the information gathered through the interviews, the judges will evaluate which of the Submission stories has the best potential to translate into an Opportunity and make recommendations to HSSV.

5. Opportunity for Selected Submissions:

Selected Submissions may be considered by HSSV for development into a short film (exclusively for stories in the United States) or for publication in print or online (stories from all countries) (“Opportunity”).

6. Notification:

If your Submission is selected, you will be notified by e-mail. You may be required to sign and return an affidavit of eligibility and publicity/liability release or similar documentation within seven (7) days of notification. For minors, all required affidavits and releases must be signed by the parents or legal guardians. If a selected submitter of a Submission cannot be contacted, is ineligible, and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the ability to advance in the Program may be forfeited and an alternate entrant will be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding the individual who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the e-mail account specified in the entry form. “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 institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

7. General Conditions:

By entering the Program, you agree to be bound by these Terms. The Program is offered by Humane Society Silicon Valley, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by online submission, e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. All entries, as applicable, become property of HSSV and none will be returned.

By participating in this Program, you further agree to waive, release, indemnify, defend and hold harmless HSSV and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Program (together, the “Released Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a potential opportunity award or parts thereof, participation in the Program, or in any award -related activity, including, without limitation: any (i) condition caused by events beyond HSSV’s control that may cause the Program to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the award, or acceptance, possession, or use of the award, or from participation in the Program; (iii) printing or typographical errors in any materials associated with the Program; (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind; and (v) injury or damage to any person’ s computer related to, or resulting from, participation in the Program or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program.

IN NO EVENT WILL HSSV BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CALL FOR MUTUAL RESCUE STORIES 2017, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT HSSV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Publicity:

Except where prohibited, by participating in the Program, you consent to the use of your name, photo and/or likeness, biographical information, entry and statements attributed to you (if true) for, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, including without limitation, inclusion in Mutual Rescue’s newsletters, publications, and website at www.MutualRescue.org and designated partners, without further notice, permission and/or compensation.

9. Additional Conditions:

HSSV reserves the right, in its sole discretion, to cancel, modify or suspend the Program in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Program is compromised, without liability to you. HSSV reserves the right to disqualify any Submission, as determined by HSSV, at its sole discretion. The Program is subject to these Terms and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Program is void where prohibited or restricted by law. By participating in this Program, you acknowledge that you have these Terms and agree to abide by them and by the decisions of HSSV, which are final and binding on all matters pertaining to the Program.

10. Governing Law & Disputes:

These Terms are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Program or these Terms must be brought in either the federal courts located in the Northern district of California or the state courts located in Santa Clara County, California.

11. Personal Information:

HSSV will use the personal information it collects from entrants to facilitate their participation in the Program and as may be more specifically set forth in these Terms and in accordance with its Privacy Policy located at http://www.hssv.org/privacy-policy.html. By participating in the Program, you consent to such collection and use of your personal information.

Important Information About Story Submissions

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