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Bowtech Brands “2019 Content Release”
ELIGIBILITY: The Bowtech Brands Content Release (“Promotion”) is offered in and open only to legal residents of the 50 United States & D.C., (defined herein as “U.S.”) and Canada (excluding Quebec) who are 18 years of age or older. Bowtech, Inc. (“Sponsor”) is the sole administrator of this Promotion (referred to herein as the “Promotion Entities).
SUBMISSION SPECIFICS: Submissions must be complete, compliant, submitted via the method and online platform communicated, and received by Sponsor within the Promotion Period. Incomplete, invalid, unsuitable, or otherwise non-compliant Submissions (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Submissions become the property of Sponsor and will not be returned. Submissions submitted via any other submission method than stated herein will not be accepted. Submissions may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple submittors are not permitted to share the same device, account, IP or email address. If a submission, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Submission/entrant and remove any such Submission. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected Submissions (in whole or in part), and/or non-compliance. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Submission will be deemed to be the entrant.
Promotion Entities assume no responsibility for any equipment, computer, telephone, device, network, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Submission, or other information, nor for the failure to capture or display any such information.
By entering, submittors understand and agree that submitted eligible Submissions may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to submission via mobile device. For those submittors entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
LICENSE GRANT:At the time you submit a Submission, and whether or not selected for display or use, by entering this Promotion and providing Sponsor with the Submission and all user generated content therein (“UGC”), you grant Sponsor (its affiliates, related entities and authorized third-parties) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Submission/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such Submission/UGC information, and for any other purposes and/or uses whatsoever. You waive any moral rights you might have with respect to the Submission/UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or submission you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your Submission/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor. You will not now nor in the future be paid for your Submission/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Promotion.
REQUIREMENTS FOR SUBMISSION: Incomplete, non-compliant or otherwise ineligible Submissions, or any element thereof, will disqualify an Submission. Proof that you uploaded an Submission does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any Submissions and/or submittors in whole or in part for any reason within its sole and absolute discretion. Without limitation, Submissions will be disqualified if Sponsor considers for any reason an Submission, or any element thereof, not to be in the spirit of the Promotion, ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services.
By submitting an Submission, submittors represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their Submission submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promotethe use of a crossbow in a cruel, illegal, dangerous, harmful, or unsafe manner, nor contain, depict, condone, encourage or promotecontent that is(or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the Submission, in whole or in part, in any manner have given entrant their express written consent to submission to this Promotion and the use contemplated. If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
PUBLICITY RELEASE: By submitting, submittors hereby consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.
CHOICE OF LAW/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OREGON WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, except where prohibited by law, submittors agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Eugene, OR having jurisdiction.
SPONSOR: Bowtech, Inc., 90554 Highway 99 North, Eugene, OR 97402.