Administrator; Release; Limitation of Liability
The Social Marketing Awards in North America? are administered by the Social Marketing Association of North America (“SMANA”), which will be entitled to make all final decisions regarding the awards in its sole discretion. The Social Marketing Awards reserves the right, in its sole discretion, to suspend, cancel or modify the Social Marketing Awards at any time. By participating in the Social Marketing Awards, whether as a nominee, a nominator or otherwise, each participant agrees to release and hold Social Marketing Awards and its employees, officers, directors, shareholders, agents, representatives, affiliates, advertising and promotion agencies, consultants and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the awards, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Social Marketing Awards reserves the right to publish all entries wholly or in part, as case studies or for publicity purposes. PARTICIPANTS AGREE THAT PARTICIPATION IN THE SOCIAL MARKETING AWARDS SHALL BE AT THEIR SOLE RISK. IN NO EVENT SHALL SOCIAL MARKETING AWARDS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USER SUBMISSIONS; APPEARANCE RELEASE
Any and all content submitted by a nominator, a nominee or any other participant in the Social Marketing Awards is referred to in the Terms of Service as a “User Submission.” Each participant shall be solely responsible for his or her own User Submission and the consequences of submitting them. By submitting a User Submission, the participant represents and warrants that he or she owns or has the necessary licenses, rights, consents, and permissions to his or her User Submissions (and all content included therein), including the right to authorize Social Marketing Awards to use the User Submissions in the manner contemplated herein. By submitting the User Submissions to us for public display, the participant hereby grants us an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. Finally, by submitting the User Submission, the participant represents and warrants that the submission is not done in violation of any state, federal, or international law or regulation, including, but not limited to, laws regulating personal data protection. In addition, any person who attends the awards ceremony or any other event associated with the Social Marketing Awards hereby grants us the irrevocable, worldwide, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, distribute, prepare derivative works of, display and perform any audio recordings, photographs, video or other images in which such person may be included that are taken at such event, whether accurate or distorted in character or form, without restrictions to changes or transformations, in conjunction with such person’s own name or a fictitious name at our discretion, or no name at all. The use of any trademark, service mark or logo of Twitter, Facebook, Tumblr, YouTube or any other media outlet is not meant to imply such media outlet’s endorsement of, or affiliation, with the Social Marketing Awards in any way. We will not tolerate violations of intellectual property rights.