Terms and Conditions
Submissions will be accepted starting August 24, 2020 and must be received by 12:00:00 AM (midnight) Eastern Standard Time on September 10, 2020.
This Request for Submissions is sponsored by McCormick & Company, Incorporated, 24 Schilling Road, Suite 1, Hunt Valley, MD 21031 USA.
Any legal United States resident over the age of 18 (or the age of majority in their jurisdictions of legal residence as of the time they submit) may nominate a 100 year old they know (who must also be a legal United States resident) by following the instructions in Section 4, below, with the exception of employees, officers, directors, agents, consultants, attorneys, vendors, suppliers of Sponsor, or its parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Sponsor Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household. Sponsor reserves the right to verify eligibility. This Request for Submissions is void where prohibited by law and outside the United States.
4. How to submit.
Nominators can go to https://www.franksredhot.com/en-us/100-years (the “Website”) and follow the instructions there to submit their Submission, including a written explanation of no more than 25 words and/or 500 characters about the Nominee (e.g., who they are, where they are from, their hobbies), and Nominator must have consent of the Nominee to submit; by submitting a Submission, Nominator expressly warrants and represents that he/she has obtained the consent of the Nominee to submit. The Submission must meet the content requirements described in Section 5, below, and be submitted via the Website. Submissions not following the required format or Submissions sent to any other address or location will be disqualified and will not be considered. You must provide all information required on Submission form to be considered, including without limitation first and last name and email address. Participants may submit more than one Submission; however, each Submission must be separate. Submissions will not be returned. By submitting this Request for Submission Terms and Conditions, the Nominator warrants, represents and affirms that he or she received consent of the Nominee to submit a photo or video of the Nominee to Sponsor.
No purchase is necessary to participate. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupted, or untimely Submissions are void and will be not be considered. Multiple Nominators are not permitted to share the same email address. In the event of a dispute as to the identity of a Nominator, the authorized account holder of the email address used to enter will be deemed to be the Nominator or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. You may be required to show proof of being the authorized account holder. Submissions specifying an invalid, non-working, or inactive email address will be disqualified.
5. Content requirements.
Submission must not contain any obscene, explicit sexual material, nudity, profanity, commercial solicitations or commercial promotion. Submissions also must not contain content or images that could be considered abusive, inflammatory, denigrating, and disrespectful to groups, individuals or institutions. Nominator warrants and represents that his/her Submission is his/her original work that is not been previously published in any manner, that has not been offered to any third party, that it does not infringe upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any person or entity, and that Nominator is not relying on the “fair use” doctrine in lieu of consents. Nominator warrants that he or she has obtained permission from the Nominee and any person whose name, likeness or voice is used in the Submission and that submission to Sponsor or the use by Sponsor will not infringe on any third-party rights. Nominator warrants that the Submission is free from any malware, worms, viruses, Trojan horses, or any other destructive elements.
Any Submission submitted that exceeds the size limits, or is not in one of the accepted formats, as applicable, will be disqualified.
6. Representations and warranties.
By submitting a Submission, Nominator represents and warrants that:
Nominator agrees to indemnify Sponsor from any and all damages, costs and expenses (including reasonable attorney’s fees) incurred as a result of any breach of this agreement, including any representation or warranty herein, and/or any third party claim that the Submission violates the rights of a third party or any damage which occurs, costs and expensive resulting from the Submission’s using or containing malware, viruses, worms, Trojan horses, or other destructive elements.
8. Ownership/Grant of Rights.
Nominator hereby irrevocably, in perpetuity assigns any and all rights to the Submission to Sponsor including all copyrights. At the time Nominator is notified that their Submission has been accepted they shall execute such documents as requested of them by Sponsor to effect/confirm the assignment.
Nominator hereby grants permission to Sponsor, in perpetuity, to use his/her name, biographical information and likeness for purposes of advertising, trade and other commercial purposes related to Promotion, worldwide, in all media and formats whether now or later known or developed, without further notice or compensation, unless prohibited by law.
Submissions will be reviewed by Sponsor to make certain the content falls within the parameters under the Submission Requirements and these Terms and Conditions. Sponsor may choose certain Nominators’ Submissions and contact Nominators and/or Nominees featured in those Submissions. Sponsor shall determine which Submissions to accept in its sole prerogative. Sponsor may choose more than one submission for use. Sponsor has the sole discretion to select any, all, or none of the Submissions. Its decision is final. Only those Nominators and/or Nominees whose Submissions are chosen will be contacted by Sponsor. If a Submission is selected by Sponsor, Sponsor will contact the Nominator and/or Nominee about potentially submitting a video for a campaign for Frank’s REDHOT 100th birthday. Should selected Nominees and/or Nominators choose to participate, and before submitting any videos or other content, such Nominees and/or Nominator may be required to execute such documents as specified by Sponsor pertaining to the Submissions, promotion, videos, or other content in order to participate. Sponsor has no obligation to select any Submissions, or to use any videos, content, or materials submitted in connection with the Submissions or the promotion.
No compensation or consideration will be paid to any Nominator, regardless of whether the Submission is selected or not. Except as expressly provided in section, no compensation or consideration will be paid to any Nominee. If a Selected Nominee is asked to participate in the making of a video for Frank’s REDHOT 100th birthday, Sponsor may choose to provide a gift to Nominee, to be determined in the future. Said gift shall be the total consideration paid to Nominee, and shall be the total consideration paid to Nominee for the assignment of the copyright and the use of Selected Nominee’s name or likeness in any manner by Sponsor. Sponsor has no obligation to provide said gift, and the amount and contents of any gift are at the Sponsor’s sole discretion. Selected Nominees shall provide Sponsor with such information as needed for compiling the necessary tax filing. The Selected Nominees shall be responsible for the payment of any and all applicable federal, state and local taxes in regard to the award of the gift.
11. Number of Submissions selected/No selection.
Nominator acknowledges and agrees that while there is no limit to the number of Submissions that Sponsor may select for future use, Sponsor may determine that no Submissions satisfy its criteria and standards. Sponsor has no obligation to select any Submission or to make any other use of the Submission or any ideas, information and/or know-how embodied therein or otherwise provided. This is not a contest and there are no prizes to be awarded; Sponsor is requesting nominations of 100+ year old individuals who love Frank’s and may decide to include one (or more), or none, of those ideas as part of Frank’s REDHOT 100th birthday celebration.
Without limitation of the foregoing, Sponsor will have the right not to choose any Submission, or to reject any Submission, for any reason or no reason, including if Sponsor determines in its discretion that the Submission does not comply with these Submission Terms applicable to the website or that the Submission is otherwise inappropriate for public display. Submissions will not be returned.
12. GENERAL CONDITIONS; LIMITATIONS OF LIABILITY AND RELEASES:
WARNING: ANY ATTEMPT BY A NOMINATOR OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS REQUEST FOR SUBMISSIONS OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the website, and/or their legitimate operation; to violate the Terms and Conditions; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Nominators, errors or by any of the equipment or programming associated with or utilized in the Request for Submissions; (2) lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration of the Request for Submissions or the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Request for Submissions or the promotion. If, for any reason, the Request for Submissions cannot be run as planned, Sponsor may, in its sole discretion, (a) modify the Request for Submissions or suspend the Request for Submissions to address the impairment, then resume in a manner that best conforms to the spirit of these Terms and Conditions; and/or (b) terminate the Request for Submissions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
BY MAKING A SUBMISSION, NOMINATOR AGREES THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY NOMINATORS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE REQUEST FOR SUBMISSIONS, THE PROMOTION, OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE REQUEST FOR SUBMISSIONS IS TERMINATED OR THE TERMS AND CONDITIONS CANNOT BE FULFILLED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, NOMINATOR AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
13. Nature of relationship/waiver of equitable relief.
Each Nominator understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Nominator also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Nominator acknowledges and agrees that such Nominator will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Nominator acknowledges and agrees that the Sponsor 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 Nominator acknowledges that, with respect to any claim by Nominator relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Request for Submissions, the damage, if any, thereby caused to the applicable Nominator will not be irreparable or otherwise sufficient to entitle such Nominator to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Nominator'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.
14.Choice of Law and forum.
Except where prohibited, this Agreement is governed by the laws of the state of Maryland and Nominator agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Submissions, the Request for Submissions, or this promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maryland or the appropriate State Court located in Maryland ; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will Nominator be permitted to obtain awards for, and Nominator hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses (as further limited by the limits on damages in Section 12, to the extent permitted by law), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this agreement between Sponsor and Nominator, or the rights and obligations of the Nominator and Sponsor in connection with the Submissions, Request for Submissions, or this promotion shall be governed by, and construed in accordance with, the laws of the State of Maryland , without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Maryland.
In order to submit your nomination, you must first agree to these terms and conditions and e-sign these terms and conditions by checking the applicable box on the Website. You agree that your e-signature shall constitute a valid signature pursuant to the Electronic Signature Act (UETA) and ESIGN Act and that this agreement shall be deemed an instrument of conveyance, all, or a note or memorandum of the transferring copyright under the Copyright Act, pursuant to 17 USC Section 204.