EVITE® PROFESSIONAL PARTY STARTER CAMPAIGN
Terms and Conditions
Thank you for visiting (the “Website”), which is owned and operated by the Evite, Inc. 600 Wilshire Blvd., Suite 400, Los Angeles, CA 90017 (hereafter, “Sponsor). Please take a moment to review these Terms and Conditions (the “Agreement”). By using the Website or participating in the EVITE® PROFESSIONAL PARTY STARTER CAMPAIGN (“Campaign”), you (“Participant” or “you”) agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree to the terms of this Agreement please do not use the Website or participate in the Campaign.
The Campaign is intended to provide an opportunity to promote the talents and skills of Evite users and to acknowledge their creativity. We encourage you to use our Website to suggest ideas for the Campaign. While we will only select one candidate for this Campaign, we will carefully review each submission and will contact the person selected. While we have provided some broad categories to help guide your submission, selection is based on the sole discretion of Evite.
- Promotional Period: The Campaign begins on 04/19/2021 at 9:00:00 AM PT and ends on 05/22/2021 at 11:59:59 PM PT (the “Promotion Period”). All submissions must be received by before the end of the Promotion Period to be considered.
- Selection: Eligible submissions will be judged by a qualified panel of judges selected by Evite in Evite’s sole discretion based responses to the submission prompts. Judges’ decisions are final and binding on all matters relating to this Campaign. The Selected Individual(s) will be notified by phone and email. Evite anticipates such selection will be made in June 2021. Evite may solicit input from third party consultants and others in selecting a Selected Individual. Applicants will be evaluated on role value, creativity, applicable experience and skill set. A panel of Evite judges will conduct judging of all applications received during the Application Period. Selected Individual must complete, sign and return an Employment Contract; Selected Individual will not receive any compensation in conjunction with completion/signing/return of Employment Contract. If Selected Individual fails to return the completed, signed Employment Contract within indicated time period, Evite reserves the right to rescind offer of position and will have no liability or obligation to such Selected Individual. In the event of any inconsistency between these Terms & Conditions and the Employment Contract, the Employment Contract will prevail, govern and control.
- Verification of Potential Recipients: ALL POTENTIAL RECIPIENTS ARE SUBJECT TO VERIFICATION BY EVITE, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CAMPAIGN. A SUBMITTER IS NOT ENTITLED TO RECEIVE ANY COMPENSATION UNLESS AND UNTIL THE APPLICANT’S ELIGIBILITY HAS BEEN VERIFIED AND APPLICANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- Submission Details: Submission must be written in English and must be received by the submission deadline to be considered. Evite reserves the right to verify the accuracy of submissions. Submissions must be the submitter’s original creation, may not have been published or previously won any other contest award, may not infringe third party rights (including, without limitation, trademark, copyright, and/or any other intellectual property rights), and must be suitable for publication and consistent with Sponsor’s brand image, as determined at the sole discretion of Sponsor. Submissions may not defame any individual or violate the right of publicity or privacy of any person, living or dead. Submissions not complying with this Agreement are subject to disqualification in Evite’s sole discretion.
- Restrictions: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of residence (18 but 19 in Alabama and Nebraska and 21 in Mississippi) are at least eighteen (18) years of age at the time submission. Void outside the United States, the District of Columbia, and where prohibited and restricted by law. Employees, officers, and directors of Evite, Inc., and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion and/or fulfillment agencies (such entities collectively, the “Related Entities”) and the immediate families (spouse and parents, step parents, children, step children, siblings, grandparents and their respective spouses, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter. All federal, state and local laws, regulations, and ordinances apply. Participation constitutes the Participant’s full and unconditional agreement to these Terms and Conditions and to the decisions of Evite and Campaign judges, which are final and binding in all matters related to the Campaign. Being chosen is contingent upon fulfilling all requirements set forth herein. Evite reserves the right to verify submitters eligibility.
- Selected Winner’s Compensation. One (1) Selected Individual will receive a $5,000 American Express gift card, contingent upon fulfilling the obligations required of Selected Individual. American Express’s rules and regulations may apply to the use of the gift card.
- Submission Materials; Name and Likeness: All submissions become the exclusive property of Evite and will not be returned. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Bulk, automated and/or third party entries are prohibited and will not be considered. Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to provide multiple and/or different identities, submissions, email addresses, logins, or any other methods will disqualify that Participant’s submissions at Evite’s discretion. In the event of a dispute as to any online submission, the authorized account holder of the email address used to register will be deemed to be the applicant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Submissions specifying an invalid, non-working, or inactive email address may be disqualified and ineligible for consideration.
Entering this contest gives Evite, Inc. the right to use and feature the name, image, likeness, and other information you provided in its product, content, advertising, and promotional materials. On behalf of yourself and anyone else included in the submitted materials, you irrevocably grant to Evite, Inc. and its assigns, licensees, and successors the right to use the image, name, likeness, biographical information, or other submitted information (for simplicity, these items will be referred to as “Materials”) in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity, unless prohibited by law. You waive the right to inspect or approve versions of the Materials used for publication or the written copy that may be used in connection with the Materials and you will not hold Evite responsible for any liability resulting from the lawful use of the Materials in accordance with these Terms and Conditions.
Except where prohibited, each prize winner, by acceptance of a prize, grants to the Sponsor and the Related Entities the right to publicize the prize winner’s name (first name and last initial), social media handle(s), address (city and state of residence), photograph, voice, statements and/or other likeness/persona and prize information in any and all media now known or hereafter devised, for commercial and non-commercial advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law.
- Use of the Website: You may only use the Website in accordance with this Agreement. In particular but without limitation, you may not use the Website for any purpose that is unlawful, prohibited by this Agreement, or that disrupts, interferes, embarrasses, or otherwise detracts from the Campaign in any way, in Evite’s sole discretion. In addition, by using this Website and participating in the Campaign, you agree (i) not to post, use or transmit content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws; (ii) post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations; (iii) impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) post or transmit any personally identifiable information about persons under 13 years of age; or (v) post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website.
- License: By entering a submission into the Campaign, you understand that you are granting to Evite, and to anyone authorized by Evite, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
- Changes to this Agreement: Evite reserves the right to modify this Agreement as necessary, with or without notice. Any changes to this Agreement shall be effective upon the posting of the revised Agreement. We will indicate the most current date of any change and encourage you to consult this Agreement from time to time. Continued use of the Website indicates you accept such changes.
- Limitations Of Liability: In no event shall Evite, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Website be liable for any damages, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, resulting from the use or inability to use the Website or participation in the Campaign, whether based on warranty, contract, tort, or any other legal theory, and whether or not Evite is advised of the possibility of such damages. Evite is not liable for any personal injury, including death, caused by your use or misuse of the Website or your participation in the Campaign.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EVITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR PARTICIPATION IN THE CAMPAIGN EXCEED THE OUT OF POCKET EXPENSES THAT YOU LOST IN CONNECTION WITH USE OF THE WEBSITE DURING A ONE-YEAR PERIOD IMMEDIATELY PRECEDING ANY PURPORTED CLAIM.
Evite and its agents are not responsible for illegible or incomplete written submissions or for any failures and/or delays in on-line transmissions, malfunction or failure of any Internet connection, malfunction or failure of software or hardware, or any other errors or delays in the transmission of submissions, whether human or technical in nature. Evite shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.
- Indemnity: You agree to indemnify, defend and hold harmless Evite its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Agreement or any activity related to your participation in the Campaign (including negligent or wrongful conduct) by you and/or your nominee.
- Disclaimer Of Warranties: To the fullest extent permitted by the applicable law, Evite offers this Website “AS-IS” and makes no representations or warranties of any kind concerning the Website, express, implied, statutory or otherwise, including, without limitation, Warranties of Title, Merchantability, Fitness for a Particular Purpose, or non-infringement. Evite does not warrant that the functions or content contained in its Website will be uninterrupted or error-free, that defects will be corrected, or that Evite’s servers are free of viruses or other harmful components. Evite does not warrant or make any representation regarding Website content in terms of accuracy, reliability, or otherwise.
- Links; Third Party Websites and Content: The Website may contain links to websites not controlled by Evite (“Third Party Websites”), as well as content belonging to or originating from persons or organizations other than Evite (“Third Party Content”). You acknowledge that Evite (i) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (ii) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (iii) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (iv) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
- Privacy: Website users and Campaign Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address (“Personal Information”) may be collected, processed, stored and otherwise used by Evite, or any party authorized by them for the purposes of conducting and administering the Website or the Campaign. Evite and its agents, affiliates, subsidiaries, representatives or service providers may use Participants’ and/or nominees’ personal information submitted with entry for purposes of request fulfillment only. We will not use the information to send marketing materials, such as to notify them of a product or promotion that Sponsor thinks may be of interest. This Personal Information may also be used by Evite or any party authorized by them to verify a Campaign Participant’s identity, postal address and telephone number in the event a Participant’s submission is selected. Participants further agree that their Personal Information may be used to administer the Campaign or fulfill additional terms of the Campaign, as well as to contact you about the Campaign.
This Personal Information may also be shared by Evite or any party authorized by them with any third-party for the purposes of fulfilling the terms of the Campaign or another service that you have requested, to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on Evite, and to protect and defend Evite’s rights or property.
- In Case of Disputes: By using this Website, you agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with your use of the Website or participation in the Campaign, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with using the Website or participating in the Campaign, and in no event will you be entitled to receive attorneys’ fees or any other legal costs; and (iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) that exclusive jurisdiction for any dispute, claim, or demand related in any way to your use of the Website or participation in the Campaign will be decided by binding arbitration. All disputes between you and Evite of whatsoever kind or nature arising out of this Agreement, your use of the Website or participation in the Campaign, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Los Angeles, California, area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Campaign Participants or EVITE in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
- Contact: Any questions, complaints or queries about this Agreement can be sent to:
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