America's Town Hall - Terms and Conditions

Submissions may be video or text.  Submissions must not:  (i) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media);
(ii) use individuals’ names, in whole or in part (including the entrant’s last name) without permission;
(iii) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content;
(iv) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to 2008 Democratic National Convention Committee, Inc. (“DNCC”), Democratic Party, Democratic National Committee, and their affiliated organizations;
(v) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission.  DNCC, and/or its designated representatives, will review all submissions received and will only post a selection of those submissions at the sole discretion of the DNCC that conform to these terms and conditions (collectively, the “Terms and Conditions”), as determined by the DNCC in its sole discretion. Submissions that do not comply with these Terms and Conditions, as determined in the DNCC’s sole discretion, will be disqualified and may not appear on the website or in any official DNCC program through any medium. Decisions of the DNCC and/or its designated representatives are final and binding. DNCC may request the original video file for any video submissions.

Entrant hereby agrees, warrants, and represents that his or her idea and submission and all elements thereof satisfy the Terms and Conditions, including, without limitation, warranting that his or her submission:  (i) is the original work of the entrant;
(ii) has not previously been published or won an award or prize of any kind;
(iii) does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(iv) is not subject to any third party agreements, and that the video entities will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the idea or video or elements therein;
(v) has written proof that required permits from local authorities and other permissions required to produce video submission have been obtained;
(vi) does not contain any content that is likely to be considered offensive by DNCC or could adversely affect the name, reputation, or goodwill of the DNCC, the Democratic Party, the Democratic National Committee and their affiliated organizations. By entering, each entrant agrees, warrants, and represents that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the video submission. If DNCC or its designated representative determines in its sole discretion that an entrant has breached a representation or warranty, the entry will be disqualified. Neither the DNCC nor any of its respective affiliated organizations and each of their respective officers, directors, agents and employees (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the DNCC web site, for problems uploading or downloading any materials from the DNCC web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. For purposes of these Terms and Conditions, receipt of entry occurs when DNCC’s servers successfully receive the uploaded video file and record the required entry information.

By submitting a video or text submission, and to the extent allowed by law, entrants grant DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the video or text submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Entrants waive and release DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to DNCC’s exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations and each of their affiliates, licensees, or any other person in connection with entrant’s video or text submission, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein. By entering, entrants agree that DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her video or text submission or entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the entrant to the extent permitted by law. The DNCC reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of submissions or violating these Terms and Conditions. EACH ENTRANT ACCEPTS THESE TERMS AND CONDITIONS AS STATED HEREIN, AGREES TO BE BOUND BY THE DECISIONS OF THE DNCC MADE IN ITS SOLE DISCRETION, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS DNCC, THE DEMOCRATIC PARTY, DEMOCRATIC NATIONAL COMMITTEE, AND THEIR AFFILIATED ORGANIZATIONS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF THE VIDEO AND/OR TEXT SUBMISSION, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE SUBMISSION, INCLUDING THESE TERMS AND CONDITIONS. IF ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF DNCC PROGRAMMING, THE DNCC, THE DEMOCRATIC PARTY, DEMOCRATIC NATIONAL COMMITTEE, AND THEIR AFFILIATED ORGANIZATIONS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

Each entrant hereby acknowledges and agrees that the relationship between the entrant and the DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations is not a confidential, fiduciary, or other special relationship. Each entrant acknowledges that many ideas or stories may be competitive with, similar to, or identical to the submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any notification, further consent, and/or compensation as a result of DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations’ use of the video or text submission or of any such similar or identical material that has or may come to any of them from other sources. Each entrant acknowledges and agrees that the DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations do 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 entrant’s copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any DNCC, the Democratic Party, Democratic National Committee, and their affiliated organizations' actual or alleged exploitation or use of any submission or other material submitted in connection with the submission, 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 other DNCC production based on or allegedly based on the submission by entrant. 


 

 


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