3 MILLIONTH SMILE SUBMISSION AND DONATION TERMS AND CONDITIONS
HOW TO PARTICIPATE: To participate in the 3 Millionth Smile program (the “Program”), post a photograph (“Photo”) on Twitter, Instagram, or Facebook (“Social Media Platforms”) using the hashtag #3millionsmiles, in accordance with these Submission and Donation Terms and Conditions (the “Terms” or “Agreement”). By participating in this Program, you acknowledge that you are at least thirteen (13) years old and have obtained the requisite parental or guardian consent if you are under the legal age of majority in the state, province, territory, or country of your primary residence.
When you post any photos, pictures, images, materials, comments and/or other user-generated content (each a “Submission” and collectively “Submissions”) to the Social Media Platforms with the hashtag #3millionsmiles, you agree to these Terms and Conditions (the “Terms” or “Agreement”) and grant Align Technology, Inc. and its subsidiaries, affiliates, predecessors, successors, officers, directors, employees, or agents (“Sponsor”) permission to use and post your Submission in accordance with these Terms.
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.
The Program starts at 12:00:01 a.m. New Zealand Daylight Time on March 3, 2015, and ends on March 3, 2018 at 11:59:59 p.m. Hawaii-Aleutian Standard Time, but the donation portion ends if/when the Maximum Donation (defined below) is reached, in which case this fact will be posted on the Social Media Platforms.
Sponsor also reserves the right to end the Program at any time per its discretion. Through the Program, Sponsor will donate $1.00 (US) to Operation Smile for each unique Submission received by Sponsor that is in compliance with these Terms with the hashtag #3millionsmiles (a “Qualified Post”), and up to a maximum donation of $1,000,000.00 (US) (“Maximum Donation”).
A participant may only submit the same post one time. Duplicate (or substantially similar) posts submitted by the same participant will be excluded from the Program. Void where prohibited, taxed, or restricted by law or regulation. Submissions must be posted on one of the Social Media Platforms and must include the hashtag #3millionsmiles (and must otherwise comply with these Terms) to count toward the donation.
IMPORTANT: Sponsor will make the donation described above, up to a maximum of $1,000,000.00 (US), on or before March 3, 2018, for each Qualified Post submitted in accordance with these Terms.
GRANT OF RIGHTS: By participating in the Program, you hereby grant Sponsor, its advertising and promotions agencies, and 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 Submission (including your Photo 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 social media sites, including, without limitation, Instagram, Facebook, Google+, Twitter, Vine, YouTube, Tumblr, Vimeo, and Weibo (collectively, the “Media”). 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 their 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 Content Guidelines set forth below; and (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. 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 must not be defamatory, abusive, obscene, profane, inappropriate, sexually explicit, pornographic, or offensive;
- Submission must not in any way disparage or criticize Sponsor or any other person or party;
- Submission must not contain solicitations or advertisements for any third party products or services;
- Submission must not infringe or violate another party’s intellectual property rights (such as photos or other materials for which you do not have written authority from the owner of such materials);
- Submission must not violate any party’s right of publicity or right of privacy;
- Submission must not be threatening, harassing or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities against any group or individual, including with respect to age, gender, race, religion, nationality, sexual orientation, or disability;
- Submission must not constitute spam or contain links to any kind of virus, malware, spyware, or similar program that could cause harm to a user’s computer;
- Submissions that are determined to be artificially generated by automated mechanisms will be excluded;
- Submission be appropriate to the image of Sponsor and to the theme of happy smiles, and must not be off-topic and must relate to the Program; and
- Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.
SPONSOR IS UNDER NO OBLIGATION TO SCREEN OR MONITOR SUBMISSIONS BUT MAY REVIEW ALL SUBMISSIONS AND POST OR REMOVE SUCH SUBMISSIONS FROM ANY 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 within the meaning of the Digital Millennium Copyright Act, the Children’s Online Privacy Protection Act, and the Communications Decency Act.
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 websites and social media platforms 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 websites or social media sites 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 agree to incur any and all charges required by your wireless carrier. 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 attorney’s 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 you. The headings in these Terms are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of these Terms. No waiver by Sponsor under these Terms shall be valid or binding unless set forth in writing and duly executed by Sponsor. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of Sponsor in any other respect or at any other time. Any delay or forbearance by Sponsor in exercising any right hereunder shall not be deemed a waiver of that right.
SPONSOR RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE.
This Program is sponsored by Align Technology, Inc., 2560 Orchard Parkway, San Jose, California 95131 (“Sponsor”).