“Participant” or “you” shall be defined as the person participating in the Program #MakeItPersonal. “Submission” or “submissions” shall be defined as a text, video, or photo stories uploaded to the Program website or aggregated from social media sites.
“Social media sites” shall be sites include but are not limited to Instagram, Facebook, Twitter, Vine, YouTube, Tumblr, Google+, Vimeo, LinkedIn, Vine, Pinterest, Dailymotion, etc.
“Sponsor” shall be any subsidiary, affiliate or parent company of Rite Aid. When you participate in the Program by posting any photos, videos, pictures, images, materials, comments and/or other user-generated content (each a “Submission” and collectively “Submissions”) to the Site or through any Social Media Site with the hashtag #MakeItPersonal, you agree to these Terms and grant Sponsor permission to use and post your Submission in accordance with these Terms. The Program is open to legal residents of one of the 50 U.S. states and D.C., who (1) are eighteen (18) years of age or older at the time of participation; and (2) have Internet access and a valid email account prior to the start of the Program.
By participating in this Program, you represent that you have read, agree to, and understand these entire Terms. IF YOU DO NOT CONSENT TO THESE TERMS IN THEIR ENTIRETY, YOU SHOULD NOT PARTICIPATE IN THIS PROGRAM.
GRANT OF RIGHTS: By participating in the Program, you hereby grant Sponsor, its parent company, affiliates, subsidiaries, and their respective advertising and promotions agencies, or any party designated by any of them (collectively, the “Licensees”) the irrevocable, perpetual, worldwide, royalty-free right (but not the obligation) to reproduce, display, perform, adapt, modify, alter, create derivative works from, and distribute your story (including your photo or video included therein), as well as your name, user name, social media handle or avatar, image, photograph, voice, biographical material, and other likeness (collectively, “your Likeness”), in Sponsor’s tweets and other social media posts, and in Sponsor’s compilation videos (collectively, “Sponsor Videos”), for advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, without limitation, on Licensees’ websites and any Social Media Site. Without limiting the foregoing, you hereby grant Licensees the right to edit, arrange, rearrange, adapt, and combine your Submission with other materials (including other Submissions) in Licensees’ sole discretion, including as part of Sponsor Videos.
SUBMISSION GUIDELINES: Participants are solely responsible for their Submission, and hereby agree not to hold Licensees responsible or liable for Submissions or other participant’s Submissions. By participating in the Program and granting Licensees permission to use your Submission, you represent and warrant that: (a) your Submission is original and you are the sole and exclusive owner of the Submission; (b) neither the Submission, nor the use of the Submission by Licensees in accordance with the Terms hereof, will infringe upon or violate the intellectual property rights and/or any other rights of any other person or entity or violate any applicable laws and regulations; (c) your Submission complies with the Submission Guidelines set forth below; (d) any third parties appearing in the Submission have given you appropriate consent to be photographed, filmed and used by Licensees in accordance with these Terms; and (e) any music in any video you submit is owned by you, in the public domain, or you have obtained permission for use of that music. Sponsor reserves the right to request releases from any third parties appearing in any Submission at any time or whose content appears in a Submission.
Submission Guidelines as determined by Sponsor in its sole discretion:
SPONSOR IS UNDER NO OBLIGATION TO SCREEN OR MONITOR SUBMISSIONS BUT MAY REVIEW ALL SUBMISSIONS AND POST OR REMOVE SUCH SUBMISSIONS FROM ANY SITE (INCLUDING ANY SOCIAL MEDIA SITE) OWNED, ADMINISTERED, AND/OR MONITORED BY SPONSOR AT ITS SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
Sponsor will make all determinations as to which Submissions are appropriate in its sole discretion. No guarantee is made regarding the length of the review period, or that any particular Submission will or will not be posted. All Submissions that are uploaded and become available for viewing by the general public will be deemed posted at the direction of the participant.
RELEASE: You hereby release, acquit and forever discharge, Sponsor and all other Licensees, and their respective advertising or promotional agencies, and any promotional sponsors involved with this Program and/or Sponsor’s Site, other websites, any Social Media Site and other social media channels and their respective employees, contractors, officers, directors, and agents (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your participation in the Program and/or your posting of the Submission in connection with this Program. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your participation in or interaction with the Program, Sponsor’s Site, other websites, any Social Media Site, or any related activity. If you post from your wireless device, your wireless-service provider’s data rates may apply as result of submitting a Submission. You acknowledge and agree that payment of any and all charges required by your wireless carrier is your responsibility. Please consult your wireless service provider regarding its pricing plans.
INDEMNIFICATION: Upon Sponsor’s request, you agree to defend, indemnify, and hold harmless the Released Parties from all liabilities, claims, and expenses, including attorneys’ fees that arise from: (a) your breach of any provision of these Terms; (b) Licensees’ use of your Submission in accordance with these Terms; or (c) your violation of any intellectual property right of another party. Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
MISCELLANEOUS: If any provision of these Terms is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in these Terms shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms invalid or unenforceable whatsoever. Sponsor may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to participants.
SPONSOR RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE.
This Program is sponsored by Rite Aid Hdqtrs. Corp., 30 Hunter Land, Camp Hill, PA 17011. If you have any questions pertaining to these rules, please contact firstname.lastname@example.org