Terms and Conditions

PRIVACY AND CONSENT
By submitting this application, the individual completing this form (“Submitter”) consents to the collection, use, and processing of their personal data by Marigold for the purposes of administering the Awards, evaluating entries, and any related activities, including publicizing award-winning entries as outlined in these Terms & Conditions.
Personal data will be handled in accordance with applicable data privacy and protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). More information can be found in Marigold’s privacy notice at https://meetmarigold.com/privacy-notices/#site-notice.
Submitter acknowledges that personal information provided as part of the submission may be used and shared with Marigold’s affiliates, service providers, and other third parties as necessary to conduct and publicize the Awards. Submitter retains the right to withdraw consent or request data deletion at any time by contacting [email protected].
By submitting this application, Submitter represents and warrants that they have the full authority to bind their company or organization they are submitting on behalf of (“Submitting Company”) to these Terms & Conditions. Submitter agrees that, regardless of any existing or future agreements between Marigold and the Submitting Company, these Terms & Conditions shall govern the Awards submission and related activities and shall take precedence over any conflicting terms in other agreements.

SUBMISSION GUIDELINES
By submitting an application, the Submitting Company warrants and represents that the submission: (a) does not infringe upon the copyrights, trademark rights, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) that the Submitting Company has obtained permission from any person or entity whose name or likeness is included in the submission (c) that publication of the submission via various media including web posting will not infringe on the rights of any third party; and (d) the Submitting Company has complied with all applicable data privacy and protection laws, including but not limited to the General Data Protection Regulation, the California Consumer Privacy Act, or other local privacy regulations. Submitting Company is solely responsible for ensuring that any personal data (including names, images, or other identifying information) included in its submission has been collected and shared in compliance with such laws.
Any such Submitting Company will indemnify and hold harmless Marigold, its affiliates, and their respective officers, directors, employees, and agents from any and all third- party claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any alleged or actual breach of these Terms & Conditions. Any Submitting Company whose submission includes likenesses of third parties or contains elements not owned by the Submitting Company (such as, but not limited to, trademarks or logos) must be able to provide documentation and releases proving their right to use such materials in a form satisfactory to Marigold upon request. Failure to do so may result in disqualification of the submission.

CONDITIONS OF SUBMISSION
By submitting an awards application, the Submitting Company grants Marigold a worldwide, royalty-free, non-exclusive, irrevocable, and perpetual license to publish, publicly display, and distribute the award submission materials in whole or in part (including all the case study information contained within the awards submission form, plus the attached photos, graphics and/or text documents), an unlimited number of times, on any media, now and in perpetuity. Submitting Company hereby acknowledges that Marigold is free to disclose the ideas contained in the submission to anyone without any compensation to Submitting Company. Marigold reserves the right to waive the conditions set forth herein at its reasonable discretion.

LIMITATION OF LIABILITY
Marigold and its employees, affiliates and agents assume no responsibility for incorrect or inaccurate information included in a submission, whether the result of Submitter error or any technical or human error that may occur in the processing of the awards applications. All interpretations of these Terms & Conditions and the decisions of Marigold are final. As a condition of entering a Marigold Awards submission, Submitting Company agrees to release Marigold, its affiliates, officers, employees, and agents from any and all liability, loss, damage, costs and expenses incurred, arising from or related to participation in the contest, the awarding, receipt, possession, and/or use or misuse of any award and from use of the submission in any manner. Submitting Company acknowledges that its participation in the contest is voluntary and that the limitations of liability set forth herein are a fundamental condition of participation. If Marigold were to assume any further liability, it would not be able to offer the contest under the current terms.

GOVERNING LAW
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising out of or related to this contest shall be subject to the exclusive jurisdiction of the courts of New York.