“TELL YOUR OYO STORY” TERMS & CONDITIONS
General Conditions of Participation
Submission Entries to “Tell Your OYO Story” will not be returned to Entrants after submission. By submitting images and/or video content, each Entrant represents and warrants that his/her Entry (a) is an original creation; (b) has not been copied or derived in whole or in part from any other work; (c) does not violate or infringe (including, if applicable, all images and people depicted in the Entry) any copyright, trademark, privacy or publicity right, or other personal proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; (e) is the sole and exclusive property of the Entrant; (f) he/she has complete, worldwide distribution rights for his/her Entry; (g) he/she has received the written consent of any person (or parent or legal guardian if such person is a minor) who appears in any Entry; and (h) he/she, has complied with all of Facebook’s, Instagram’s, and/or Twitter’s (as applicable) requirements and terms regarding the use of their services in connection with “Tell Your OYO Story”. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in OYO Fitness sole discretion. OYO Fitness reserves the right in its sole discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules.
OYO Fitness reserves the right, in its sole discretion, to deny submission-based rewards to any individual it finds them to be tampering with the entry process or to be acting in violation of these Official Rules or submitting offensive or inappropriate content. Any attempt by any person to deliberately undermine the legitimate submission process may be found in violation of criminal and civil laws, and, should such an attempt be made, OYO Fitness reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. OYO Fitness’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
Non-Exclusive License and Publicity of Submission Entry
By submitting an Entry, Entrants hereby grant OYO Fitness the non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display his/her Entry for any purpose, throughout the world, in any medium, without further notice, approval, compensation or additional consideration to Entrant unless prohibited by law.
Right of Publicity Grant to OYO Fitness
By submitting an Entry to “Tell Your OYO Story”, each Entrant grants to OYO Fitness and its designees the right to use his/her name, likeness, distinctive appearance, image, portrait, picture, or photograph (whether still or moving), voice, including, without limitation, a recording or parts thereof, whether in writing, audio and/or video, and biographical information listed, provided, referenced, or otherwise contained in the Entry for any purpose related to or in connection with promotion of OYO Fitness products on OYO Fitness’ social media channels, without further notice, approval, compensation or additional consideration to Entrant, unless prohibited by law. Entrant understands and accepts that the only compensation the Entrant will receive for granting this right is the publicity the Entrant may receive by the publication or broadcasting of the Entrant’s Entry and/or the announcement of the Entrant’s participation.
Release and Indemnity
Each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless OYO Fitness and its affiliates, subsidiaries, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (the “Released Parties”) from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in “Tell Your OYO Story” or the awarding, acceptance, receipt, use, or misuse of any reward (including any travel or activity related thereto).
Limitations of Liability
OYO Fitness is not responsible for (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from “Tell Your OYO Story”; (b) any technical errors associated with “Tell Your OYO Story”, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, announcement of the Winner, the cancellation or postponement of “Tell Your OYO Story”, or in any “Tell Your OYO Story”-related materials; and (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in “Tell Your OYO Story” or acceptance, receipt, or misuse of a “Tell Your OYO Story” reward.
Any and all disputes, claims, and causes of action arising out of or in connection with “Tell Your OYO Story” shall be resolved individually, without resort to any form of class action. All Contests shall be governed by, and construed in accordance with, the laws of the State of Missouri, regardless of conflicts of laws principles. Any action or litigation concerning “Tell Your OYO Story” shall take place exclusively in the federal or state courts in the State of Missouri, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Missouri. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Not Endorsed by Social Media Platforms
By participating in an “Tell Your OYO Story”, Entrants acknowledge that “Tell Your OYO Story” is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, and/or Twitter (the “Released Platforms”) and hereby release the Released Platforms from any and all liability arising from or related to “Tell Your OYO Story”. The information Entrants provide for the Contest is being provided to OYO Fitness and not to the Released Platforms.
“Tell Your OYO Story” is sponsored by OYO Fitness, LLC.