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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These are the terms and conditions (the “Terms”) that govern the relationship between you (“you”, “your(s)”) and Align Technology, Inc. 2560 Orchard Parkway, San Jose, California 95131 and its subsidiaries, affiliates, predecessors, successors, officers, directors, employees, or agents (the “Sponsor”, “we”, “our”, “us”) in relation to the photo of yourself as part of this program and the terms on which you allow us to use your photo.
HOW TO PARTICIPATE: To participate in the Operation Smile – World Smile Day program (the “Program”), Photo”) Social Media Platforms”)
NOTE: The current period is Promotion Period 3 (defined below in Program Duration section) - #4millionsmiles
By uploading your image using the #4millionsmiles, you allow us to use your image on our 4millionsmiles website and social media pages, including without limitation on an interactive map.
WHO CAN PARTICIPATE?
To participate in this Program, you must be at least thirteen (13) years old and also 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 relevant Hashtag (defined below in Program Duration section), you agree to these Terms and grant Sponsor and its subsidiaries, affiliates, predecessors, successors, officers, directors, employees, or agents, advertising and promotions agencies, and any party designated by any of them (collectively, the “Licensees”) 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. Please visit http://www.worldtimeserver.com/ or other world time database to determine local time. Sponsor’s computer is the official time keeping device for this Program.
A different hashtag will be required for different promotion periods as follows:
12:00:01 a.m. New Zealand Daylight Time ("NZDT") on March 3, 2015 to October 1, 2015 at 11:59:59 p.m. Hawaii-Aleutian Standard Time ("HAST"); ("Promotion Period 1").
12:00:01 a.m. NZDT on October 2, 2015 to September 6, 2016 at 11:59:59 p.m. HAST; ("Promotion Period 2").
12:00:01 a.m. NZDT on September 7, 2016 to December 31, 2016 at 11:59:59 p.m. HAST; ("Promotion Period 3").
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 relevant Hashtag for the corresponding Promotion Period (a “Qualified Post”), and up to a maximum total donation of $1,000,000.00 (US) (“Maximum Donation”).
You may only submit the same post one time. Duplicate (or substantially similar) posts submitted by you 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 relevant hashtag for the corresponding Promotion Period (and must otherwise comply with these Terms) to count toward the donation.
IMPORTANT: Sponsor will make up to the Maximum Donation described above 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, the Licensees the irrevocable, perpetual, worldwide, royalty-free licence (but not the obligation), with rights of sub-licence 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 to promote our company, products and services, as determined at our sole discretion without any obligation to notify you or seek your approval, 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. You also waive all rights to be identified as the author and to object to derogatory treatment of your Submission which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar or equivalent legislation from time to time in force anywhere in the world.
You acknowledge and agree that (a) we shall be under no obligation to use your Submission and we shall have sole editorial control of the use of your Submission and you do not have the right to any materials which incorporate your Submission before they are used or shared with third parties; (b) no consideration shall be payable to you in respect of the exploitation of your Submission; and (c) you shall, at our reasonable request, do and execute all further acts, deeds, documents and instruments as we may from time to time require for the purposes of giving effect to the assignment of rights contained in these Terms.
SUBMISSION GUIDELINES: You are solely responsible for your 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 a photo of yourself and any other persons that appear in your Submission have consented in accordance with point (e) below; (b) your Submission is your original work and you are the sole and exclusive owner of your Submission and that you have the right to make it available to us for all purposes set out in these Terms; (c) neither your Submission, nor the use of your 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; (d) your Submission complies with the Content Guidelines set forth below; and (e) any third parties appearing in your 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.
You accept that once your Submission has been uploaded to or published in any Media, colour may vary in accordance with the settings of the monitor, software, or printer of users of the Media and of us or any third parties creating promotional materials on our behalf.
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 as amended from time to time and under all similar or equivalent legislation from time to time in force anywhere in the world.
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 your 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, the Social Media Platforms, Sponsor’s websites or other media 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: You shall be solely responsible for your Submission and 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. This is the entire agreement and no other authorisation is necessary for us or any other party to use your Submission for the purpose contemplated herein.
SPONSOR RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE AND SUCH TERMS WILL BE POSTED ON WWW.4MILLIONSMILES.COM .