Video Submission Terms and Conditions
1. General. These are the terms and conditions for video submissions to Magic Wheelchair (herein “MW,” “we,” “us,” “our”). All submission must be made by an individual over the age of 18 who is the parent or legal guardian of an Applicant. The term “Applicant” herein refers to both a minor child seeking a costume and the parents/legal guardians who has approved, supervised, and reviewed their child’s video submission. A person becomes and Applicant by submitting a video or by submitting any information through our website or directly to one of our agents. No video submissions will be viewed or considered with parent/legal guardian approval.
This is not a contest. MW has the sole discretion to make determinations of Submission Video eligibility, which are final and binding in all respects. ELIGIBLE APPLICANTS MUST SUBMIT THE SUBMISSION VIDEO IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. By participating in this online submission and submitting an online Submission video for consideration, the Applicant acknowledges that he/she has read, understands and voluntarily agrees to abide by these Terms and Conditions in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the Team submits its Submission Video.
2. Selection. Candidates are selected at the sole discretion of MW, it board, employees, and agents. There is no guarantee, express or implied, that you will be selected. MW reserves the right to eliminate, not include, not select, and not involve applicants or their submissions from consideration at any time and for any reason, including without limitation, due to a violation of any portion of these Terms and Conditions. MW makes no guarantee that all online submission videos it receives will be reviewed.
3. Eligibility Requirements
a. In order to be considered, the minor must be between the ages of five (5) and fifteen (15).
b. Minor must be primarily confined to wheelchair or walked for the foreseeable future.
c. Parent/legal guardian’s must approve, supervise, and review submission video.
d. May not be related to any of MW’s board members, employees, or current volunteers.
e. MW only accepts video submissions through its website.
4. License. By submitting a video and its elements (i.e. any text, photographs, graphics, video, audio, music, etc.) to MW Applicant agrees to grant to MW, free of charge, permission to use the material in any way it wants including but not limited to modifying and adapting it for operational and editorial reasons.
Applicant shall retain all ownership rights in their submission video. By submitting the video, the Applicant grants to MW, in perpetuity, a non-exclusive, royalty-free, sub-licenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the submission video for any purpose whatsoever, throughout the universe, including, without limitation (i) advertising, marketing, promotion, commercial tie-in, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the MW’s program (and derivative works thereof), and (ii) the business of MW and any subsidiaries applications, interactive television, and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which MW may distribute content, whether now existing or hereafter developed, in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Applicant or Applicant’s agents. These rights include, without limitation, the absolute right to edit and/or alter any video distribute and synchronize all or any portion of Applicant’s video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Applicant’s Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Applicant’s video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the Team’s Submission Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Applicant’s Video; and to excerpt and/or extract portions of Applicant’s video in order to host, store, index, categorize and display the video on or through any platforms.
Comment: Copyright in your submission will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
5. Representations, Warranties, and Indemnifications. Applicant confirms that their submission is their own original work, is not defamatory, and does not infringe any copyright or any applicable laws. Applicant further confirms that they have the right to give the MW permission to use it for the purposes specified in these Terms and Conditions, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under the age of 18. Applicant agrees to furnish, upon request pf MW, any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, and releases from anyone who assisted in the creation of the submission video to prove, confirm, verify, and substantiate Applicant’s compliance with any or all of these Terms and Conditions.
Applicant agrees to indemnify and hold harmless MW, its employees, board of directors, volunteers, and agents from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of the Applicant hereunder.
6. Prohibition on Obscenity. Submission videos must NOT contain material which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal (or portrays illegal activity), offensive, threatening, profane or harassing.
7. Nature of Relationship/Waiver of Equitable Relief. Applicants understand and acknowledge that MW have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by our own volunteers, employees, and board members. By submitting a video Applicant acknowledges that many ideas may be competitive with, similar, or identical to those in a submitted video in theme, idea, format, or other respects. Applicant further acknowledges and agrees that the Applicant will not be entitled to any compensation as a result of the use by MW of any such similar or identical material. Applicant acknowledges and agrees that MW does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to any video submitted. Applicant acknowledges that, with respect to any claim by the Applicant relating to or arising out of the actual or alleged exploitation or use of any video or other material submitted in connection with the online submission by any producing entity, the damage, if any, thereby caused to the Applicant will not be irreparable or otherwise sufficient to entitle the Applicant to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of MW programs or any other production based on or allegedly based on the video, and the Applicant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. Important: By submitting a video each Applicant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the submission, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Applicant be permitted to obtain any award for, and the Applicant hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
The Applicant further acknowledges and agrees that MW, their agents, web masters/suppliers, contractors, and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with MW or otherwise, that may limit an participant’s ability to participate; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with the submission and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the submission; or (iv) any claim by the Applicant for defamation or portrayal in a false light. MW assume no responsibility for any damage to the Applicant’s computer system, which is occasioned by accessing the submission website, or applying for MW’s consideration, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
10. Modifications. MW reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the our website.
11. Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE SUBMISSION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE SUBMISSIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OREGON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
12. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE SUBMISSION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
If you do not want to grant the MW the permission set out above on these terms, please do not send us your video.