“OPTIMA Ultimate Film Festival” Submission and Participation Program Terms and Conditions
The “OPTIMA Ultimate Film Festival” (the “OUFF”) and participation in the OUFF submission and consideration process described below (the “OUFF Program”) is governed in all respects by these Submission and Participation Terms and Conditions (“Terms”). By making a submission, each participant fully and unconditionally agrees to be bound by and accepts these Terms, and the decisions of Optima Batteries, Inc. (“Optima”) and its designees, including, without limitation, decisions regarding the eligibility of participants and submissions, the selection and advancement of submissions, the selection of submissions to be shown at the OUFF and/or otherwise to be used by Optima and its designees, awards and other recognition conferred on participants and submissions, and all other matters regarding the OUFF and the OUFF Program, and the submission, consideration, advancement and selection process, all of which are final and binding in all respects.
1. GENERALLY. The purpose of the OUFF is to solicit video submissions from the public in two (2) categories (a “Short Video” category and an “Action Video” category) focusing on the performance vehicle enthusiast’s passion and hobby. Optima will select videos to be shown at the OUFF, which will take place in Las Vegas, Nevada at the time of the SEMA Show (scheduled to occur November 1 – November 4, 2016). The OUFF will take place at a time and location to be announced by Optima. Participants whose videos are selected by Optima for screening at the OUFF will receive tickets to the OUFF, and the selected participant’s videos will be considered by Optima for honors at the OUFF and potential broadcast on a national Optima television program. The foregoing is only a general description of the OUFF Program, and the OUFF Program is subject to the full Terms below.
2. ELIGIBILITY. The OUFF Program is only open to participants who, as of the video submission date, are permanent legal residents of the fifty (50) United States of America and the District of Columbia and who are at least eighteen (18) years old. The OUFF Program is void outside the eligible OUFF Program territory, and where prohibited or restricted by law. Employees, officers and directors of Optima and its parents, subsidiaries, affiliates (including, without limitation, Johnson Controls, Inc. and its parents, subsidiaries and affiliates), divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. The OUFF Program, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible OUFF Program territory, and participants must be present in the eligible OUFF Program territory at the time they make submissions in the OUFF Program.
3. SUBMISSION TIMING. The OUFF Program submission period begins at 12:01 p.m. Central Time (“CT”) on March 11, 2016 and ends at 11:59 p.m. CT on September 30, 2016 (the “Submission Period”). Optima’s computer is the official timekeeping device for the OUFF Program. Submissions from March 11 through May 20, 2016 will be included in the entries for the Regional OUFF that will take place at the Formula Drift event in Wall Township, New Jersey, June 17018, 2016. Submissions from May 21 through July 22, 2016 will be included in the entries for the Regional OUFF that will take place at the Woodward Avenue Dream Cruise August 19-20, 216 in the Detroit, Michigan area. Submissions between July 23 and September 30, 2016 will be included in the entries for the National OUFF which will take place at The Foundry during the SEMA Show, November 2, 2016 in Las Vegas, Nevada. One film will be selected by a panel of independent judges from each category in the Regional Events to be a finalist in the National OUFF at SEMA. Outside of the two finalists from each regional OUFF, the number and content of films to be shown at the national OUFF is at the sole discretion of the judges and OPTIMA management.
4. HOW TO SUBMIT VIDEOS AND VIDEO REQUIREMENTS.
a. SUBMISSION INSTRUCTIONS. There is one (1) way to participate in the OUFF Program and make submissions for consideration for screening at the OUFF. During the Submission Period go to www.optimafilmfest.com (the “OUFF Program Website”) to the registration and submission section of the website, and follow the links and instructions to fully complete all required registration information and upload one (1) digital video meeting the video submission requirements set forth in Section 4(b) below. Completely fill out the online registration form and submit your registration form and video in accordance with the on-screen instructions. Submitted videos must conform to the video requirements in Section 4(b) below and will be considered for advancement in the OUFF Program as described in Section 5 below. All submissions must be received by Optima during the Submission Period. At the time of making submissions, review the Terms as posted on the OUFF Program Website to review the then current Terms (which may include updates or changes after the initial or subsequent postings of these Terms). In the event of a dispute as to the identity of a participant, the authorized account holder of the email address used to make submissions will be deemed to be the participant, but only if that person is otherwise eligible to participate in the OUFF Program. Participants may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Optima’s satisfaction, a participant may be deemed ineligible. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Submitting mass submissions or submissions generated by a script, macro or use of automated devices is prohibited and will result in disqualification. See Section 12 below (“Data Collection”) regarding data collected online in connection with a participant's submissions.
b. VIDEO REQUIREMENTS. Videos submitted in the OUFF Program must meet the following requirements, compliance with which shall be as determined by Optima in its sole discretion:
i. The video must be a high definition (“HD”) digital video in one (1) of the following categories (the following guidelines reflecting the “OUFF Program Theme”). When submitting a video, a participant must select the category for which the participant’s video is being submitted.
Short Video: Videos in this category must feature a story or documentary about the performance vehicle enthusiast passion and hobby (a performance vehicle may be any kind of performance vehicle, including cars, trucks and boats). The video must focus on the performance vehicle enthusiast hobby, performance vehicle(s), and how performance aftermarket parts empowers an enthusiast’s lifestyle, in particular focusing on the story of activities and lifestyle of a performance vehicle enthusiast. Videos in this category must be no longer than seven (7) minutes in length including opening and closing credits.
Action Video: Videos in this category must feature a performance vehicle (a performance vehicle may be any kind of performance vehicle, including cars, trucks and boats) in a “performance moment” demonstrating the vehicle in action and/or the vehicle’s abilities. The video must focus on the performance vehicle enthusiast hobby, performance vehicle(s), and how performance aftermarket parts empowers an enthusiast’s lifestyle. Videos in this category must be shot exclusively on POV action cams (e.g., GoPro, Ion, Contour, etc), must be no longer than two (2) minutes in length including opening and closing credits.
ii. The video must be in English.
iii. The video must be a digital video of a size and format as will permit uploading at the OUFF Program Website. See the OUFF Program Website for additional information on format and upload requirements. Unless specified otherwise at the OUFF Program Website, video files must be in “MP4” or compressed “avi” format. NOTE: Videos are also subject to the terms and conditions of any related third party service utilized by the OUFF Program Website for uploading purposes (e.g., You Tube).
iv. The video may only feature the participant and individuals for whom participant has written permission to utilize their images and personal attributes in connection with the video, and must NOT include, depict or feature any other third parties, unless they are not recognizable. The video must NOT include any person under eighteen (18) years old, unless the parent or legal guardian of such minor’s has consented in writing to such minor’s inclusion in the video.
v. The video must be suitable for a public forum, and in keeping with Optima’s positive industry image, and may NOT be offensive or inappropriate, as determined by Optima in its sole discretion. Without limiting the foregoing, it must NOT contain any profanity, nudity or lewd gestures.
vi. The video must either be entirely original to the participant, it must NOT include any content created or owned by a third party) OR if the video does contain content created or owned by a third party, then the participant must secure adequate authorization and permission from the third party to include the content in the video, and the authorization/permission obtained must extend to Optima’s (and its designees) use of the video and any third-party content it contains for the purposes contemplated in these Terms. Optima expressly disclaims any responsibility for, and will not be held responsible for, any unauthorized inclusion in the video of any content created or owned by a third party. Optima reserves the right to disqualify any video that includes, without authorization/permission, content owned by a third party.
vii. The video must NOT falsely suggest an endorsement by a third party of Optima, its parents, subsidiaries or affiliates. Without limiting the foregoing, the video may NOT falsely suggest any relationship between a vehicle or parts manufacturer and Optima, its parents, subsidiaries or affiliates.
viii. It is the sole responsibility of the participant to identify and understand applicable law and to secure from third parties whatever authorization, permission, or consent is required so that the video does not infringe, misappropriate or violate any right of any third party, including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity,. Sponsor expressly disclaims any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked or copyrighted content or materials, or any content that features a third-party’s name or “likeness”, as that term is defined by applicable law, within or relating to the submitted video, including any content or materials that are or may become the basis for any third-party claims for trademark or copyright infringement trademark dilution, unfair competition, false endorsement, invasion of privacy, defamation, infringement of the right of publicity, or misappropriation of name/likeness. Sponsor reserves the right to disqualify any video that is not accompanied by adequate evidence of authorization/permission, or consent.
ix. The video must NOT disparage or contain false or misleading statements about any third party (including, without limitation, any competitor of Optima, its parents, subsidiaries or affiliates), and must NOT contain false or misleading statements about Optima, its parents, subsidiaries or affiliates, or any competitor, or any of their respective products or services.
x. If the video is filmed by someone other than participant, participant must have written permission to submit the video in the OUFF Program and allow Optima and its designees to make full use of the video as contemplated by these Terms.
xi. The video must NOT have been previously published, submitted to another program, won any award, been broadcast on a media network, been released on YouTube, Vimeo or a similar web entity, or been submitted to any entertainment entity.
By submitting a video in the OUFF Program, each participant (A) represents and warrants to Optima that the video conforms to the above requirements, and (B) agrees, at no cost to Optima, to execute and/or deliver to Optima, if and when required by Optima, any and all additional documents provided by Optima evidencing or confirming compliance with the above requirements. Further, in the event that any claim, dispute, action or proceeding is brought or asserted by any person or entity that alleges that a participant’s video (1) makes unauthorized or unlawful use of any content created or owned by a third party, or (2) infringes a third party’s trademark or copyright, constitutes unfair competition or a false endorsement, invades a third party’s privacy, defames a third party, infringes a third party’s right of publicity, or misappropriates a third party’s name or likeness, then participant shall fully indemnify, defend and hold harmless Sponsor and the other Releases (as defined in Section 9 below) from any liability in connection therewith, and from any fees and expenses (including, but not limited to, attorneys’ fees) that any of them may incur in connection therewith.
c. FOR ALL SUBMISSIONS: A participant may submit as many videos as the participant desires; however, each such video submission shall be made separately in accordance with the registration and video submission requirements above. All submissions must be received by Optima during the Submission Period. SUBMISSIONS AND SUBMISSION MATERIALS WILL NOT BE ACKNOWLEDGED OR RETURNED, AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND VIDEO. Proof of submission of a video or any other materials will not be deemed to be proof of receipt by Optima. Any submission that does not comply with any aspect of these Terms, as determined by Optima in its sole discretion, may be rejected by Optima and the participant disqualified. All participants and submissions subject to verification as a condition to advancement in the OUFF Program, as are the eligibility, age and other claims of/information provided by a participant. Participants will cooperate with Optima and its representatives in connection with any and all verification activities.
d. USE OF SUBMITTED VIDEOS. Without limiting the generality of Section 13 below or any applicable terms and conditions of the OUFF Program Website, each participant agrees that Optima and its successors, designees and assigns shall each have the exclusive, perpetual, royalty-free, paid-up, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit participant’s video (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any video (or any part thereof) or information or ideas contained within any submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right (but not obligation) to use the video (or any portion thereof) in and on Optima’s and its designees’ various content delivery outlets (including, without limitation, television, Internet, websites, social media outlets, and any other outlets whether now or hereafter existing (the timing of any such use shall be as determined by Optima in its sole discretion, and there is no guarantee a video or any portion thereof will be used). The timing, location and duration of any use shall be as determined by Optima in its sole discretion, and a participant shall have no claim with respect to the use or non-use or the duration or location of any use, or failure to make any use, of a video. Optima does not have any obligation to maintain any submissions, or any information or ideas contained therein, as confidential or proprietary. OPTIMA AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY VIDEO FOR ANY REASON PRIOR TO USE. Without limiting the foregoing, under no circumstances will any royalties, fees, residuals, compensation or any other payment of any kind whatsoever ever be payable by Optima or its licensees or designees as a result of the use (or authorization of use) of a video (or any part thereof), including, without limitation, any payment to any producer, director, actor, writer, or any other person who performed services in or in connection with the video.
e. MEDIA. As a condition to participation in the OUFF Program, each participant agrees that he/she will not conduct or participate in any media interview or other media activities, or make any public statements (including, without limitation, postings on social media), regarding the OUFF Program or related activities without the express prior written permission of Optima.
5. ADVANCEMENT IN THE OUFF PROGRAM; SELECTION; SCREENING; NOTIFICATION.
a. SELECTION FOR SCREENING AT THE OUFF; NOTIFICATION. Eligible submissions in each OUFF Program category received during the Submission Period will be reviewed and considered by Optima for screening at the Regional and National OUFF events. Optima, in its sole discretion, will determine the videos that will be screened at each OUFF event. In making its determination, Optima will consider the following criteria: originality and creativity of a video – 40%, the video content and adherence to/communication of the OUFF Program Theme – 20%, the quality and clarity of the video – 20%, and the overall appeal of the video - 20%. Optima anticipates selecting a minimum of four (4) videos in each OUFF Program category for screening at the OUFF, including the two winners from each Regional Event; however, Optima, in its sole discretion may select more or fewer videos for screening at the OUFF. OPTIMA also reserves the right to cancel the Regional Events due for weather, business or other reasons at their sole discretion. In the event of a cancellation of one or both Regional OUFF screening events, the winners will still be selected and the winners notified as stated below. There will simply be no public viewing of the Regional OUFF. Videos selected by Optima for screening at any OUFF will be considered by Optima for potential broadcast on a national Optima television program (e.g., an Optima program on MATV); however, there is no guarantee that a video will be broadcast, and participants acknowledge and agree that additional editing, clearance and other activities may be required for further broadcast consideration.
Participants whose videos have been selected for screening at an OUFF event will be notified at least two weeks prior to the event. A selected participant will be notified by phone, mail, courier and/or email. A selected participant must comply with all terms and conditions of these Terms and continuing in the OUFF Program is contingent upon fulfilling all requirements. In order to be eligible for advancement in the OUFF Program and having a participant’s video screened at the OUFF, a participant will be required to execute and return to Optima a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Optima. The Affidavit/Release must be returned to Optima by the date and/or time indicated within the Affidavit/Release. If a selected participant cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if a selected participant fails to return the Affidavit/Release within the specified time, or if a selected participant or his/her video is found to be ineligible, or if a selected participant does not comply with these Terms, then the participant may be disqualified from further participation in the OUFF Program. In such event, an alternate participant may be selected to have the participant’s video screened at the OUFF. In such event, an alternate participant will be notified by Optima as described above and will be required to return the required documents to Optima as described above; however, Optima, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Optima’s OUFF Program schedule. Optima is not responsible for the failure of a participant to receive Optima’s notification or the required documents for any reason, or for the inability of such participant to return the required documents to Optima.
b. OUFF SCREENING; VOTING; SELECTION. The confirmed selected participants’ videos will be shown during the SEMA Show in Las Vegas, Nevada (scheduled to occur during November 1 – November 4, 2016) at the Optima Ultimate Film Festival which will take place at a date, time, location and manner as specified and designated by Optima. The OUFF will be a private event to which Optima will extend invitations to automotive industry and automotive aftermarket industry representatives, participants, press, sponsors and other persons, all selected by Optima in its sole discretion. A confirmed selected participant will be offered two (2) tickets to the OUFF for use by the participant and one (1) guest. Selected participants and their guests are solely responsible for all costs and expenses associated with attendance at the OUFF, including, without limitation, travel and lodging. Tickets to OUFF do not include admission to SEMA, and only tickets to OUFF are provided. A participant does NOT have to be present at the OUFF to continue participation in the OUFF Program. Optima reserves the right to screen other videos at the OUFF, including, without limitation, other OUFF Program videos, and may (but is not obligated to) provide other honorable mentions and associated awards to other OUFF Program submissions and participants.
At the Regional OUFF events, winners will be selected by an independent panel of judges. At the national OUFF in Las Vegas only, attendees will be invited by Optima to vote for their favorite videos in each category. The voting method, requirements and restrictions will be as determined by Optima in its sole discretion, and announced at or prior to the OUFF. Optima will review and consider screened videos in each category and based on such review and consideration, and the results of attendee voting, Optima will award a winner and runner up award designation for each category. Optima may, but is not obligated to, provide award prizing associated with such awards. In such event, participants may be required to execute and deliver additional documents to Optima, such as, without limitation, acknowledgement of tax information and reporting documents. OUFF Program honors recipients will be notified at the OUFF and honors recipients will be formally notified by Optima within seven (7) days thereafter by phone, mail, courier and/or email.
6. AGREEMENT TO TERMS AND DECISIONS. By making and submission and participating in the OUFF Program, each participant fully and unconditionally agrees to be bound by and accepts these Terms and the decisions of Optima and its designees (including, without limitation, decisions regarding eligibility of participants and submissions, the selection and advancement of submissions (including the selection of submissions to be shown at the OUFF and/or otherwise to be used by Optima and its designees), awards and other recognition conferred on participants and submissions, and all other matters regarding the OUFF and the OUFF Program, and the submission, consideration, advancement and selection process), all of which are final and binding in all respects. Participants must comply with all terms and conditions of these Terms, and participation in the OUFF Program is contingent upon fulfilling all requirements
7. PUBLICITY. Except where prohibited by law, participation in the OUFF Program constitutes a participant’s consent to Optima’s (and its designees’, successors’ and assigns’) use of participant’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
8. GENERAL CONDITIONS. Optima reserves the right to require participants to complete, execute and/or deliver to Optima additional documents at any time as required, in the forms provided, and within the timeframe required by Optima, or the participant may be disqualified. Optima reserves the right to change or update these Terms based on its experience with the conduct of the OUFF Program and/or participants’ response to the OUFF Program. Optima reserves the right, in its sole discretion, to terminate, modify or suspend the OUFF Program if, in Optima’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the OUFF Program, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Optima’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the OUFF Program. Any changes or updates in these Terms, or termination, modification or suspension of the OUFF Program will be as described on the OUFF Program Website. Optima reserves the right in its sole discretion to disqualify any individual it finds to be tampering with any OUFF Program process or the operation of the OUFF Program or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the OUFF Program is a violation of criminal and civil laws, and, should such an attempt be made, Optima reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Optima’s failure to enforce any term of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.
9. RELEASE. By submitting a video in the OUFF Program, a participant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Optima, its parents, subsidiaries, divisions and affiliates; any and all persons and entities responsible for sponsoring, fulfilling, administering, advertising or promoting the OUFF Program or supplying any award, and the employees, officers, directors, owners, representatives, agents, heirs, successors, assigns and insurers of each of them (collectively, the “Releasees”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from the participant’s submissions and/or participation in the OUFF Program (including, without limitation, any activities associated with creating participant’s video), and/or the participant’s participation in any aspect of the OUFF Program, including the OUFF, and the receipt or use of any award awarded in the OUFF Program. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to participant or any third party arising in whole or in part, directly or indirectly, from participation in the OUFF Program (including, without limitation, any activities associated with creating participant’s video) and OUFF Program activities, the OUFF and OUFF activities, and the award, acceptance, possession, use or misuse of any OUFF Program award. Each participant further COVENANTS NOT TO SUE any of the Releases with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each participant against the Releases and no action will be taken by or on behalf of a participant with respect to any such claims and rights, it being understood that these Terms, including this Section 9, shall be binding upon each participant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
10. LIMITATIONS OF LIABILITY. Optima is not responsible for: (a) incorrect or inaccurate transcription of submission information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected submissions or submissions received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, including, without limitation, the OUFF Program Website and any third-party upload application; (c) the unavailability or inaccessibility of any website or service, including, without limitation, the OUFF Program Website and any third-party upload application; (d) unauthorized intervention in any part of the submission or participation process or the OUFF Program; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the OUFF Program or the processing of submissions; or (f) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the OUFF Program, or from viewing, playing or downloading any material from Optima’s website(s), including, without limitation, the OUFF Program Website and any third-party upload application, regardless of whether the material was prepared by Optima or a third party, and regardless of whether the material is connected to Optima’s websites (including, without limitation, the OUFF Program Website) by a hypertext link.
11. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the OUFF Program, the OUFF, or any awards awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in [Milwaukee, Wisconsin]; participant submits to sole and exclusive personal jurisdiction to said courts in the State of [Wisconsin] for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the OUFF Program but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant or Optima in connection with the OUFF Program shall be governed by, and construed in accordance with, the laws of the State of [Wisconsin], without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of [Wisconsin], the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of [Wisconsin].
13. USER GENERATED CONTENT. Regarding User Generated Content (as defined below), the terms and conditions set forth in this Section 13 shall apply to OUFF Program submissions and videos, and shall supersede any conflicting provisions regarding user generated content in any terms and conditions of the OUFF Program Website or any related third-party upload service.
Certain sections of Optima’s websites and applications (“Sites”) allow you to submit or upload reviews, videos, photographs, or other content for viewing by the general public (collectively “User Generated Content”). User Generated Content includes the video you upload as part of your participation in the OUFF Program and any other content you submit for viewing by the general public.
You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on our Sites. Under no circumstances will we be liable in any way for any User Generated Content posted to our Sites. Such User Generated Content may be posted on or accessed through our Sites in our sole discretion.
Because we do not control the User Generated Content posted on our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Sites, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Sites, whether by us, individual users of the Sites, or our third party contractors or licensors.
You own User Generated Content you submit, but we may use it. Assuming User Generated Content is your original work (as it is required to be under these Terms), then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through this Site, you are granting us and our subsidiaries, affiliates, successors, assigns and designees, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so. By submitting User Generated Content, you waive any claim you might have for misappropriation of your name/likeness or infringement of your right of publicity that arises out of our use of that User Generated Content.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through our Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through our Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We may disclose and/or remove User Generated Content. We reserve the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Sites, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Generated Content to Content owned or provided by us, and the user who made such User Generated Content available on the Sites will retain ownership thereof as described above.
Restrictions on User Generated Content. It is a condition of these Terms and Conditions that you do not:
• post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
• post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is fewer than eighteen years old but you are his/her parent or legal guardian;
• post or transmit any User Generated Content soliciting any personal or private information from any individual;
• post or transmit any User Generated Content which contains a virus or other harmful component; or
• post or transmit any User Generated Content which constitutes an advertisement for any product or service other than those offered by Optima, or that promotes or markets any product or service other than those offered by Optima.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
14. OUFF PROGRAM ADMINISTRATOR. The OUFF Program administrator and the address at which the OUFF Program administrator may be contacted is Optima Batteries, Inc., 5757 N. Green Bay Ave., Milwaukee Wisconsin 53209, Attn: Optima Ultimate Film Festival