TENTSQUARE CHALLENGE – Los Angeles Student Film Festival: Why A Filmmaker?

OFFICIAL RULES

No purchase or payment of any kind is necessary to enter or win. Void prohibited or restricted by law.

Please read these Rules carefully. By entering the Contest, you (and your parent/legal guardian on your behalf if you are under the legal age of majority in your jurisdiction of residence) agree to be bound by these official rules.

This TentSquare Challenge (the “Contest”) is presented and sponsored by TentSquare, Inc. of 18 4th Place #2 Brooklyn, NY 11231 (“TentSquare”) and is governed by these official rules (“Rules”). By participating in the Contest, you (and your parent/legal guardian on your behalf if you are under the legal age of majority in your jurisdiction of residence) agree to abide by these Rules, including all eligibility requirements, and understand that the results of the Contest, as determined by TentSquare and/or its agents, are final in all respects. The Contest is subject to all federal, state, provincial/territorial and local laws and regulations and is void where prohibited or otherwise restricted by law. This Contest is a game of skill and chance plays no part in determining the finalists and winners.

1. Eligibility.

The Contest is open to entrants (each, an “Entrant”) who are thirteen (13) years of age or older at the time of entry and are legal residents of the Los Angeles, California. If you are not a resident Los Angeles or are not the required age as of the time of entry, you are not eligible to participate in or win the Contest. Minors (being those under the age of 18 or the legal age of majority in their jurisdiction of residence, whichever is greater) must have parental/guardian approval to enter, and further, the parent/guardian of the minor must read and consent to these Rules. Minors (being those under the age of 18 or the legal age of majority in their jurisdiction of residence, whichever is greater) who enter the Contest must have the written consent of a parent or legal guardian in order to be eligible to win a Prize (defined below). Parents/guardians may be required by TentSquare to enter into a further agreement as evidence of consent to the minor entering this Contest. This Contest is intended only for play in the United States and will be governed by the laws of New York State. Each Entrant must be the rightful owner of the e-mail address used to log in and upload the Submission (as described in Section 2 below). Each Entrant must own an account with TentSquare valid at the time of entry and continuing until completion of the Contest. Entry constitutes Entrant’s representation that he/she meets the eligibility requirements set forth in these Rules. TentSquare reserves the right to verify eligibility of any potential winner. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules. Employees, directors, and officers of TentSquare, and the immediate family members (defined for the purpose of these Rules as parents, a spouse, children, and siblings) and those living in the same households, whether related or not, of each such employee, director, or officer are not eligible to enter the Contest.

All times as specified in these Rules are in Eastern Standard Time (EST), as applicable in the United States of America.

2. Entry.

Eligible Entrants (each, an “Entrant”) may enter the Contest by going to https://www.tentsquare.com/challenges/why-a-filmmaker (the “Contest Site”) between May 21st, 2015 at 12:00:00 pm EST and May 30th, 2015 at 05:59:59 pm EST (the “Submission Period”) and following the instructions for uploading the submission (the “Submission”). The Submission consists of a video up to fifteen (15) seconds in duration explaining why Entrant wants to be a filmmaker, subject to the requirements set forth in Section 5.

One (1) Submission may be submitted to the Contest per Entrant. All Submissions must be received by the end of the respective Submission Period. TentSquare is not responsible for late or unsuccessful attempts to enter the Contest. The Entrant is required to maintain the valid TentSquare account used for the Submission through to completion of the Contest to be eligible to win.

The Entrant must be able to provide, on request, all appropriate clearances, permissions, releases, and proof of authorship and/or ownership for the Submission, including releases from the submitting Entrant and any third parties appearing in or contributing to the Submission. Incomplete, corrupted, untimely, or unintelligible entries, or Submissions that do not comply with the TentSquare Community Guidelines and/or Terms of Use will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is the opportunity, time-permitting, to submit another entry in the Contest. TentSquare reserves the right to determine in its sole discretion which entries have satisfied the entry requirements.

All Submissions must comply with the requirements and guidelines set forth in Section 5 below. Submissions that do not include all required information and/or do not adhere to these Rules, including the requirements set forth in Section 5, as determined by TentSquare, in its sole discretion, will be considered void. Once uploaded, the Submission will not be acknowledged or returned. TentSquare may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant it deems inappropriate or otherwise non-compliant. Submissions may be displayed on various TentSquare-branded media, in the sole discretion of TentSquare and each Entrant hereby consents to the use of Submissions in this way.

TentSquare reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who TentSquare has reason to believe has breached any of these Rules, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the Contest. Errors and omissions may be accepted at TentSquare’s discretion. Failure by TentSquare to enforce any of its rights at any stage does not constitute a waiver of those rights. TentSquare's legal rights to recover damages or other compensation from such an offender are reserved.

3. Member Appreciation / Judging / Winners

During the Submission Period and until May 30th at 05:59:59 pm EST (the “Appreciation Period”), TentSquare members may view the Submissions and “like,” “favorite,” and/or give “kudos” to the Submissions (“liking,” “favoriting,” “giving kudos to,” Submission views, and other means of indicating appreciation of a Submission [such as, in the case of the Submissions, how many “likes,” “favorites,” “views,” and “kudos” a Submission receives] are referred herein to as “Member Appreciation” and, when factored together based on a proprietary algorithm set by TentSquare, shall be referred to herein as the applicable Submission’s “Content Score”). At the end of the Appreciation Period, the ten (10) eligible Submissions that receive the highest Content Scores shall be deemed finalists of the Contest (each, a “Finalist”). The Finalists will be announced on or about May 30th, 2015. For the avoidance of doubt and subject to the foregoing, only ten (10) applicable Submissions with the highest Content Scores shall be Finalists, regardless of whether such Submissions are have tied Content Scores with other Submissions. In the event the 10th place Finalist is subject to a tied Content Score, the Judges (as defined below) shall evaluate such tied Submissions based on the Judging Criteria (as defined below) in order to determine the 10th Finalist.

The Finalists will be reviewed and scored by Andrew van den Houten and Jeffrey Reddick (Andrew van den Houten and Jeffrey Reddick shall be collectively referred to as the “Judges”) based on the Judging Criteria (as defined below). The Submission with the highest scores from the Judges shall be deemed the winner of the Contest (the “Winner”). The Winner shall be announced on or about May 30th, 2015. In the event of a tie, TentSquare will have an alternate panel of judges re-judge the tied Submissions for purposes of breaking the tie.

Only one (1) ‘like’ and one (1) ‘favorite’ of each Submission is permitted per TentSquare member. Member Appreciation generated by a script, macro, robotic, programmed or other automated means will be disqualified, and TentSquare reserves the right to nullify and/or remove any and all such Member Appreciation and to disqualify the responsible party and/or the benefiting Entrant from participating in the Contest and/or TentSquare community. Any attempt by an Entrant and/or his or her family and/or friends to generate Member Appreciation for his or her Submission by using multiple names, email addresses, or phone numbers and/or any other fraudulent mechanism, as determined by TentSquare in its sole discretion, shall give TentSquare the right to disqualify such Entrant in its sole discretion and TentSquare shall be entitled to nullify and/or remove the Member Appreciation generated in connection with such fraudulent activities. Entrants are prohibited from obtaining Member Appreciation by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of the public, paying a third party service to generate Member Appreciation for his or her Submission, or collaborating with other individuals or groups to trade Member Appreciation, as determined by TentSquare, in its sole discretion, and TentSquare reserves the right to nullify and/or remove any and all such Member Appreciation and to disqualify the responsible and/or benefiting Entrant from the Contest.

4. Judging Criteria

The Judge will consider the following judging criteria (“Judging Criteria”) equally when judging: Representation of Hitchcock Production Quality Direction

5. Submission Guidelines and Restrictions.

Submissions must: Be no longer than fifteen (15) seconds in duration. Be submitted in MOV, MP4 (H.264), MEG2, or AVI format. All other formats submitted and/or exceeding the time limit may be disqualified. Be the Entrant’s original work and idea, except as otherwise specifically required by TentSquare as part of the Contest. Comply with these Rules, and the TentSquare Terms of Use and Community Guidelines.

The Submission must not: Contain material which is (or promotes activities which are) sexually explicit or inappropriate, obscene, derogatory, pornographic, self-mutilating, discriminatory (based on sex, age, race, natural origin, physical disability, religion, or sexual orientation), illegal, offensive, threatening, profane, harassing, abusive, or that portrays real-life violence. Contain viruses or cause injury or harm to any person or entity. Include mention or performance of any third party copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property, unless Entrant has express written permission from the copyright owner granting such use or mention that is satisfactory to TentSquare in its sole discretion. Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Submissions must not include third party trademarks, logos, insignia, location signage, photographers, artwork, music, or sculptures, without express written permission by the owner that is satisfactory to TentSquare in its sole discretion. Include third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized the Entrant to display their image, likeness, or voice in any submitted video or otherwise use such image, likeness, or voice in accordance with these Rules. Include property without consent from the owner of such property.

Entrants agree that they are fully responsible for the Submission and any materials they submit via the Contest including but not limited to comments, written submission, recordings and images (“Content”). TentSquare shall not be liable in any way for such Content to the full extent permitted by law.

6. Winner Notification.

The potential Winner will be notified via e-mail with the e-mail address associated with his or her TentSquare account and will be required to respond (as directed) to the notification attempt and formally accept the Prize (defined below) within 7 days of the date of the notification e-mail. The potential Winner and their Submission is subject to verification, including without limitation, verification of eligibility, compliance with these Rules, and completion of release forms and the Documents (defined below). If attempted e-mail notification is returned as undeliverable, if th Winner does not respond within 7 days of the date of the notification e-mail, if the potential Winner cannot be verified, if the Winner or the Winner’s Submission is not in compliance with these Rules, or if the potential Winner is otherwise unable to accept the Prize (defined below), the Prize will be forfeited and TentSquare will select an alternate Winner based on which Submission received the next highest score from the Judges. In the event an alternate Winner is unable to claim the Prize for any of the reasons detailed above, TentSquare will select another alternate Winner and repeat the process until the Prize has been awarded.

7. Prize; Prize Restrictions.

The Winner will receive a prize consisting of: Five Hundred ($250) US Dollars; Video Screened at Los Angeles Student Film Festival

Any ancillary costs associated with taking a prize will be the responsibility of each Winner, including phone and travel expenses, if any, in connection with the prizes. Prizes are subject to the standard terms and conditions of individual prize and service providers.

The prizes set forth above under this Section 7 shall be referred to herein as the “Prize.” ARV of all Prizes is Two Hundred and Fifty ($250) US Dollars. Acceptance of the Prize is subject to the Winners agreeing to and complying with terms established by TentSquare (the “Prize Agreement”). The Winners have no obligation to enter into the Prize Agreement, provided that by not entering into the Prize Agreement or if a Winner and TentSquare cannot come to mutually satisfactory terms of any such Prize Agreement, such Winner will forfeit the Prize. The Winners may be required to complete and execute additional documents, including without limitation a notarized affidavit of eligibility, non-disclosure agreement, and release, and have third parties execute documents in connection with the rights granted to TentSquare in the Submission within a reasonable amount of time as a condition of Prize acceptance and as determined by TentSquare in its sole discretion (all such documents, including the Prize Agreement, shall be referred to as the “Documents”). If the Documents are not signed (including being signed by an Entrant’s parent/legal guardian on the Entrant is under the legal age of majority in his/her jurisdiction of residence) and returned to TentSquare within the specified time detailed in the notification email, the Winner shall forfeit the Prize and TentSquare shall have no further obligation to the Winner in this Contest. Winners will receive cash Prizes within 30 days of TentSquare's receipt of the duly completed Documents; all other Prizes will delivered based on scheduling and availability.

The Winner acknowledges and agrees that no employment, agency, partnership or other relationship shall exist between the Winner and TentSquare, its contractors, agents, and partners. Except where prohibited by law, the Winner is solely responsible for any taxes on the Prize.

Odds of winning the Prize will depend on the quality and number of eligible entries received. TentSquare makes no representations or warranties with respect to the potential benefits or outcomes to the Winner with respect to the Prize. In the event the Winner is not available to attend the 2015 FLY Film Festival, the festival-related Prizes (i.e., all Winner Prizes excluding cash) will be awarded to the Finalist with the next highest scores from the Judges. No prize substitution or changes are allowed except at the discretion of TentSquare. The non-cash items of the Prize cannot be substituted or redeemed for cash. The cash items of the Prize will be paid to the applicable Winner via check or Paypal transfer, in TentSquare’s discretion. If the Prize or any portion of the Prize cannot be awarded due to circumstances beyond the control of TentSquare, a substitute prize may be awarded, in TentSquare’s sole discretion. The Prize is provided “as is” without warranty of any kind. If for any reason a Winner does not take a Prize (or an element of a Prize) at or by the time stipulated by TentSquare, then the Prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.

The Prize includes the following travel conditions: Airport, airline, tickets, and/or hotel accommodations include in the Prize, if any, are to be selected by TentSquare in its sole discretion. All other costs, including ground transportation, meals, gratuities, and other expenses associated with the Prize or incurred by the Winner or the Finalists in connection with the Prize are the Winner and Finalists’, as applicable, sole responsibility. All travel must be completed on the date specified by TentSquare, or the Prize will be forfeited. The Winner must have all necessary identification and/or travel documents (e.g., a valid driver’s license, passport, visa, etc.) required for travel and must have no restrictions on their ability to travel. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of TentSquare, air travel is not required due to the Winner’s proximity to the location of the 2015 FLY Film Festival, ground transportation may be substituted for round trip air travel in TentSquare’s sole and absolute discretion. The difference in value will not be awarded to the Winner. In the event the Winner provides his or her own transportation to the 2015 FLY Film Festival, he or she will not be awarded compensation or reimbursement for travel expenses, except as otherwise agreed by TentSquare. TentSquare shall not be responsible for any cancellations, delays, diversions, or substitution or any act or omissions whatsoever by the air carriers, hotels, transportation companies, FLY Film Festival, or any other persons providing the Winner and/or Finalists Prize-related services or accommodations. TentSquare is not liable if travel is impeded by reason of decisions of government authorities or other airline or airport authorities. Additional Prize details and travel information may be provided to the Winner at or after the time of notification. The Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that TentSquare has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen, or damaged airline tickets, travel vouchers, or certificates will not be replaced or exchanged.

8. Representations and Warranties.

By entering the Contest and as an express condition of Submission and eligibility, each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) represents and warrants that: (i) Entrant has full right and authority to enter into the Contest and grant the rights to TentSquare set forth herein; and does not and will not violate any federal, state, provincial/territorial or local laws or ordinances; (ii) Entrant’s Submission, and all underlying content contained therein, and any use thereof by TentSquare or any partners, subsidiaries, and affiliates of TentSquare in connection with exploitation, advertising, promotion, and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party and does not and will not violate any federal, state, provincial/territorial or local laws or ordinances; (iii) he or she has secured the requisite consent from all third parties referenced or appearing in their Submission; (iv) to the extent that anyone under the age of 18 (or under the legal age of majority in their jurisdiction of residence, whichever is greater) appears in a video Submission, including but not limited to the Entrant, Entrant represents and warrants that such minor’s parent(s)/guardian(s) have consented to the minor’s appearance in the video and the public display of the video on tentsquare.com and its affiliated websites, mobile applications, social media pages, and in connection with exploitation, advertising, promotion and publicity; and (v) Entrant’s participation and entry in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to TentSquare for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between TentSquare and Entrant.

9. Indemnification

The Contest and the TentSquare website and mobile applications may also be promoted by a third party or parties (each, a “Promotional Partner,” collectively “Promotional Partners”). Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) shall indemnify, defend, and hold harmless TentSquare, any Promotional Partners, and each of their respective parents, affiliates, successors, assignees, and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all claims, liability, loss, damage, injury, expenses, or costs (including attorneys’ fees), arising in connection with any third party action arising out of a breach or allegation, which if true would constitute a breach of any of Entrant’s representations, warranties, or obligations herein.

10. Rights in Submissions.

In consideration of Entrant’s entering the Contest, each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) hereby grants to TentSquare, its assignees, and sublicensees the non-exclusive, irrevocable, worldwide, perpetual, assignable, sub-licenseable, gratis, royalty-free license to use, copy, publish, reproduce, distribute, display, publicly perform, modify, adapt, create derivative works of, transmit, delete, and disseminate the Submission and all underlying creative works therein, in whole or in part, in all media or platforms whether now known or hereafter invented, for purposes of conducting the Contest, in “behind-the-scenes,” “making of” or similar content in connection with TentSquare, and for the trade, advertising, and promotional purposes, including so-called “monetized” uses (e.g., YouTube video monetization), of TentSquare, its partners, affiliates and/or projects, without compensation, restriction on use, attribution or liability. Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) also waives any and all moral rights in the Submission and the underlying works contained therein with respect to any use by TentSquare, its affiliates, assigns, and sublicensees.

In addition, by participating in the Contest and submitting a Submission, each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) hereby grants permission (except where prohibited by law) for TentSquare to use their name, likeness, voice, image (including photograph, film and/or recording of the same), quotes, comments, biographical information and/or photograph for the purpose of advertising, trade, or promotion of TentSquare without further notice, permission, compensation, or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Rules, the TentSquare Terms of Use, and the TentSquare Privacy Policy, TentSquare will not share an Entrant’s personal information with any third parties. In the event of a conflict between these Rules and the Privacy Policy and/or Terms of Use, these Rules shall govern.

Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) hereby releases TentSquare, and its assignees, affiliates and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection with the rights granted herein.

Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) hereby acknowledges and agrees that all materials, including without limitation, audiovisual, audio, video, graphic, and textual materials, provided by TentSquare for Entrant’s use in its Submission, preparation for the Submission, or otherwise related to the Contest and/or TentSquare (“TentSquare Materials”), if any, shall be owned solely by TentSquare. New and/or derivative works created or developed by Entrant, which incorporate the TentSquare Materials in any manner, shall at all times belong solely to TentSquare, and Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) hereby assigns any interest he or she would otherwise have therein to TentSquare and waives any rights Entrant may otherwise have therein to the fullest extent permitted by applicable law.

11. Nature of Relationship; Waiver of Equitable Relief.

Each Entrant understands and acknowledges that TentSquare has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar, or identical to the Submission and/or each other in theme, idea, plot, format, or other respects. Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) acknowledges and agrees that he or she will not be entitled to any compensation as a result of TentSquare’s use of any such similar or identical material. Each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) acknowledges and agrees that TentSquare 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 the Submission. Finally, each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) acknowledges that, with respect to any claim by Entrant relating to or arising out of TentSquare’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant’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.

12. Rights of TentSquare

TentSquare’s decisions in relation to all aspects of this Contest are final and binding. TentSquare shall have the right and sole discretion to edit, to refuse to air or transmit, or to cease to air or transmit any Submission whatsoever which it finds to be in violation of these Rules, the TentSquare Terms of Use, or the TentSquare Community Guidelines, or which it finds, in its sole discretion, to be otherwise objectionable for any reason. TentSquare also reserves the right to replace any Winner with an alternate Winner in accordance with these Rules if the Winner’s Submission and/or the Winner is withdrawn from or removed from the Contest for any reason, including, without limitation, Winner’s failure to execute or have third parties execute the Documents. TentSquare reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Contest or suspend or modify a Prize (as appropriate), at any time for any reason, including, without limitation, if a computer virus, bug, or other technical problem corrupts the administration, security, fairness, integrity or proper conduct of the Contest, strikes, lock-outs, war, terrorism, emergency, disaster acts of God, technical difficulties, and other events not within the reasonable control of TentSquare. If any Prize (or part of any Prize) is unavailable, TentSquare, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification. Further, TentSquare reserves the right, at its sole discretion, to disqualify any individual deemed to be: (a) violating these Rules, the TentSquare Terms of Use and/or the TentSquare Community Guidelines; (b) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; (c) engaging in fraud, dishonesty, or illegal activity; (d) attempting to deliberately damage, tamper with, corrupt or otherwise attempting to undermine the legitimate operation of the Contest and/or TentSquare’s business operations, including without limitation by cheating, hacking, deception and/or other unfair practices, including, but not limited to, using automated entry or voting programs and/or devices; (e) colluding to alter the results of the Contest; and/or (f) giving false or misleading information to TentSquare, its agents, representatives, partners and affiliates. TentSquare may, to the maximum extent permissible by law, sanction any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such sanction shall be in TentSquare’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other TentSquare contests or promotions.

13. Disclaimer of Liability.

The opinions expressed in the Submissions are not necessarily (and in some cases not at all) those of TentSquare. TentSquare is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission’s creation and inclusion in the Contest. TentSquare is not responsible in any way for any injury, loss, or damage which occurs as a result of an opinion expressed or information provided in the Submissions transmitted on the TentSquare website, mobile applications, affiliated websites, on television, or by any other method or media, now known or hereafter developed. TentSquare makes no warranties, express or implied, as to the content, accuracy, or reliability of any information or statements contained in the Submissions. All statements and opinions made by Entrants are those of such Entrants only, and TentSquare neither endorses nor shall be held responsible for the reliability or accuracy of same. TentSquare is not responsible for the content or practices of third party websites that may be linked to the TentSquare website. This site may also be linked to websites operated by companies affiliated with TentSquare. Visitors to those sites should refer to each site’s separate privacy policies and practices.

14. Release and Limitation of Liability.

To the extent permitted by applicable law, by participating in the Contest, each Entrant (and his/her parent/legal guardian on his/her behalf if the Entrant is under the legal age of majority in his/her jurisdiction of residence) agrees that TentSquare, its Promotional Partners, affiliates, licensees, and assigns, and each of their respective agents, representatives, parent companies, subsidiaries, and legal advisors, and each of their respective employees, shareholders, officers and directors (“Released Parties”) are not responsible or liable for, and shall be released and held harmless from, any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of Entrant’s access to and use of the Contest Site, apps associated with the Contest, if any, and/or the Contest, including without limitation those arising from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected, or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence (including any entry, Member Appreciation or Prize claim that is late, lost, altered, damaged or misdirected [whether or not after receipt by TentSquare] due to any reason beyond the reasonable control of TentSquare); (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of TentSquare that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical, or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims, and action of any kind in connection with or resulting from participation in the Contest; (vi) claims based on publicity rights, defamation, invasion of property, or violation of intellectual property rights; (vii) any technical difficulties or equipment malfunction (whether or not under TentSquare’s control); (viii) any theft, unauthorized access or third party interference.; (ix) any variation in prize value to that stated in these Rules; and (x) use/taking of a Prize and/or attendance at a Prize-related event.

By participating in thE Contest, Entrants agree that the Released Parties will, TO THE EXTENT PERMITTED BY aPPLICABLE LAW, have no liability whatsoever for, and shall be held harmless by Entrant against, any liability for any injuries, losses, or damages of any kind to persons, including DAMAGE TO property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the Prize, entry, or participation in thE Contest or in any Contest-related activity, or any claims based on publicity rights, defamation, or invasion of privacy. The Released Parties are not responsible if any Prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disaster, weather, or terrorism. Use of the Contest Site is at user’s own risk.

Without limiting the foregoing, everything regarding this Contest, including the TentSquare website and all Prizes, are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusion.

15. Collection and Use of Personal Data; Privacy Policy.

By agreeing to these Rules, Entrant authorizes the use and collection of his or her personal data for purposes of conducting the Contest, including without limitation sharing their e-mail address and other personally identifiable information with any agent, contractor, service provider, prize supplier, co-sponsor or affiliate for the purpose of Prize fulfillment, and publishing the Winner’s full names and states, counties, and cities and/or disclosing them to third parties on request in accordance with the winner list request procedure (set out below) and any other purposes to which Entrant has consented. Entry is conditional on providing this information. Except as otherwise set forth herein, all personal information supplied by Entrant to TentSquare will be subject to TentSquare’s Privacy Policy, and TentSquare with use and handle personal information collected in accordance with their Privacy Policy and these Rules. TentSquare will not sell, rent, transfer, or otherwise disclose your personal data to any third party other than as described above herein or in the Privacy Policy.

16. General Terms and Conditions.

New York law governs this Contest. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of Entrants and TentSquare in connection with the Contest, shall be governed by, and construed in accordance with the laws of New York State, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than New York. You and TentSquare agree that all controversies or claims arising out of or relating to the Rules, the Contest, and/or TentSquare shall be exclusively resolved in the federal and state court of New York County, New York, and you agree to submit to the exclusive jurisdiction of such courts. If any provision of these Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of the Rules, it being the intent and agreement of the parties that these Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially effectuate TentSquare’s intent. In the event of a claim or dispute, Entrant’s sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing, or other exploitation (in any form of media) of the TentSquare website and services, the Contest, works that may be created as a result of or related to the Contest, and/or any intellectual property owned or licensed by TentSquare or its respective parent companies, subsidiaries, and affiliated entities. By entering the Contest, each Entrant agrees to take part in any reasonable publicity required by TentSquare and to any other reasonable media and promotional coverage created by the Contest and its Prizes, without remuneration. Tentsquare shall not be obligated to award any Prize that relates to or arises out of improper or mistaken prize notification, operation, or function of the Contest.

17. Official Rules and Winners List.

For the names of the Winners (including their country of domicile) or a copy of these Rules, email your request to support@tentsquare.com.