By submitting a “message of hope” using the hashtag #kickchildhoodcancer (a “Submission”) during the 2020 Kick Childhood Cancer campaign (the “Campaign”) operated by Major League Soccer, L.L.C. (“MLS”), your “message of hope” may be chosen to be featured on a Campaign scarf or other Campaign merchandise. Submissions will be accepted between the dates of September 1, 2020 and September 30, 2020. In connection with the submission of your Submission, you accept and agree to the following rules and regulations (the “Rules”):
All Submissions become the property of MLS. Neither MLS, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Campaign and their respective affiliates, employees, officers, directors and/or members of each assume any responsibility for late, lost, illegible, misdirected or undelivered Submissions. Submissions will not be returned. MLS reserves the right to edit and/or alter any Submission and use it for any Campaign purpose but have no obligation to use Submissions in any manner.
All Submissions must be original, unpublished and created by you, and must not contain any third-party material unless permission to use material(s) has been granted by such third party.
Any Submission may not contain any content that:
- is sexually explicit;
- unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any particular political agenda or message;
- is obscene or offensive;
- endorses any form of hate or hate group;
- appears to duplicate any other submitted entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others without permission;
- contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission (MLS reserves the right to request proof of these permissions in a form acceptable to MLS from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void);
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will with which MLS wishes to associate; and/or
- violates any law.
By entering the Campaign, you represent, covenant and warrant that: (i) the Submission is your original work, that you have all rights to the Submission and the Submission was created specifically for Campaign; (ii) the Submission does not and will not violate any law, statute, ordinance or regulation or any of the guidelines set forth in these Rules; (iii) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Rules; (iv) you have obtained all necessary consents and permissions directly or indirectly related to the Submission and its use; and (v) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever.
By submitting your Submission, you agree to assign all right, title and interest, including copyright rights, in the Submission to MLS. Accordingly, you agree and acknowledge that MLS and its respective designees have the unlimited right to publish or publicize all or part of the Submission, in whole or in part, for advertising, promotional and trade or other purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide in perpetuity, without notice or permission and without any compensation, except where prohibited by law. By submitting a Submission, you understand and agree that your Submission may be publicly displayed in the manner set forth herein without any notification to or consent from you.
As a condition of submitting a Submission, you agree that: (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with any Campaign or the Submission shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees.
YOU: (1) ACKNOWLEDGE ACCEPTANCE OF THE RULES AND AGREE TO ADHERE TO AND BE BOUND BY THEM; (2) ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ANY PERSONAL BODILY INJURY OR DEATH OR ANY DAMAGE OR LOSS OF PROPERTY, INCLUDING ANY BODILY INJURY OR DEATH TO ANOTHER PERSON, DIRECTLY OR INDIRECTLY ARISING FROM YOUR SUBMISSION AND THE CAMPAIGN; AND (3) AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS MLS, ITS AFFILIATES AND SPONSORS, AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS AND/OR MEMBERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, LOSSES AND DAMAGES, INCLUDING TO PROPERTY OR PERSON, INCURRED OR CAUSED BY YOU OR YOUR REPRESENTATIVES, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, ARISING FROM OR IN CONNECTION WITH OR RELATED TO YOUR SUBMISSION (INCLUDING ANY THIRD PARTY INFRINGEMENT CLAIMS).