"Moving Moments Mosaic" Terms & Conditions
By submitting a photograph to the Tony Stewart Foundation (TSF) Moving Moments mosaic ("Fundraiser"), entrants accept and agree to be bound by these Terms and Conditions. Any violation of these Terms and Conditions may result in disqualification.
1. FUNDRAISER PERIOD. Fundraiser begins at 12:01 AM ET on November 14, 2018 and ends at 11:59 PM ET on December 14, 2019, when all photographs must be received ("Fundraiser Period"). Fundraiser Period may end at any time due to a sellout. You must be 18 years of age or older to submit a photograph for the Fundraiser. For the avoidance of doubt, the persons appearing in the photos do not have to be 18, provided the photograph otherwise complies with these Terms and Conditions.
2. HOW TO SUBMIT A PHOTO. Visit https://MovingMomentsTSF.org/ during the Fundraiser Period and follow the instructions to complete and submit a photograph. A donation of $10.00 entitles entrant to submit one (1) photo. A donation of $15.00 entitles entrant to submit two (2) photos. A donation of $20.00 entitles entrant to submit three (3) photos.
Under no circumstance will the Tony Stewart Foundation refund a donation once received. You must upload a photo and description as instructed ("Submission"). Entrants represent and warrant that their Submission is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Entrant must have permission from all individuals, including the parents or legal guardian of anyone under the age of 18, that appear in the Submission (if any) to use their name and likeness in each photo and to grant the rights set forth herein. If requested by TSF, entrant must be able to provide such permissions in a form acceptable to TSF. There is no limit to the number of donations and unique entries an entrant may submit throughout the Fundraiser Period.
3. PHOTO GUIDELINES. By uploading a photo, you agree that each photo conforms to these Terms and Conditions and that TSF may disqualify and not utilize any of your photos if they fail to conform to these Terms and Conditions, as determined by TSF in its sole discretion. The decisions of TSF regarding the Submissions are final in all respects. If TSF rejects any photo for non-compliance with these Terms and Conditions, entrant will have an opportunity to submit an alternative photo(s). Under no circumstance will TSF refund a donation.
Photo Guidelines :
• Photos must be in .jpg format
• Photos must not exceed 4 MB in size
Content Restrictions :
• Submissions must be of one single photograph. No photo collages will be accepted.
• Photos cannot have been submitted previously in a promotion of any kind or exhibited for purposes of a contest through any means.
• Photos must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
• Photos must not prominently feature logos or graphics. Only photographs - no advertisements - will be accepted for submission.
• Photos must not disparage the Tony Stewart Foundation ("TSF), Stewart-Haas Racing ("SHR"), Tony Stewart ("TS"), Tony Stewart Racing ("TSR"), True Speed Enterprises ("TSE") or any other person or party affiliated with the promotion and administration of this Fundraiser.
• Photos must not contain material that is inappropriate, indecent, obscene, lewd, sexually suggestive, hateful, defamatory, slanderous or libelous.
• Photos must not contain material that promotes bigotry, racism, hatred or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• Photos must not contain material that is associated with drugs or alcohol.
• Photos must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the photo is created.
Any Submission that does not comply with the foregoing, or is otherwise deemed by TFS to be inappropriate, will be disqualified from participation in the Fundraiser by TSF, in its sole discretion.
By submitting a Photo, and in consideration of receiving the opportunity to have the Photo included in the Mosaic: You represent that (1) you have the unrestricted right to submit the Photo, (2) the Photo complies with these Terms and Conditions, (3) the Photo does not infringe any third party rights or interests, and (4) the Photo does not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of the Website.
4. OWNERSHIP AND LICENSE. All entry materials become the property of TSF and will not be acknowledged or returned. By uploading a photo, entrant irrevocably grants to TSF a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, add to, publish, create derivative works from, and display a Submission, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. TSF, and/or others authorized by TSF shall have the right to edit, adapt, and modify the Submission.
For participation in the Fundraiser, you hereby give permission and consent, now and for all time, to TTSF and third parties collaborating with TSF to make, reproduce, edit, broadcast or rebroadcast any Submission, for publication, display, sale or exhibition thereof in promotions, advertising and legitimate business uses without any compensation to, and/or claim, by you. You may, or may not be, identified in such reproductions; however, you shall not be stated by name to have endorsed any particular commercial products or commercial services.
5. CONSENT AND RELEASE. By entering the Fundraiser, each entrant releases and discharges TSF, and any other party associated with the development or administration of this Fundraiser, the affiliated entities of each, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "TSF Entities"), The Tony Stewart Foundation, Tony Stewart, Stewart-Haas Racing, Tony Stewart Racing and True Speed Enterprises from any and all liability whatsoever for any injuries, losses, harm, damage (including without limitation, property damage, personal injury and death), claims (including without limitation, claims based on rights of publicity or privacy, defamation, and portrayal in a false light), actions, costs and expenses (including without limitation, all attorneys' fees and court costs) (collectively, "Claims"), arising directly or indirectly from or in connection with this Fundraiser, entrant's participation in the Fundraiser and the Submission.
6. INDEMNIFICATION. By entering the Fundraiser, all entrants agree to release, hold harmless and indemnify TSF Entities and The Tony Stewart Foundation from and against any and all Claims arising directly or indirectly from or in connection entrant's participation in the Fundraiser and the Submission.
7. DISCLAIMERS. (1) Photographs that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Administrator's servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (2) TSF in its sole discretion, reserves the right to disqualify any person tampering with the submission process or the operation of the web site. Use of bots or other automated process to submit material is prohibited and may result in disqualification at the sole discretion of TSF. (3) TSF further reserves the right to cancel, terminate or modify the Fundraiser if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (4) TSF Entities are not responsible for errors in the administration or fulfillment of this Fundraiser, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Fundraiser based upon such error at its sole discretion without liability. (5) TSF reserves the right to shutdown the Fundraiser website at any time. (6) TSF reserves the right to remove the physical mosaic from public display at any future point in time. (7) TSF reserves the right to replace the photos in the mosaic at any future time, but agrees not to do this until a minimum of two (2) years have passed; and (8) TSF ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS FUNDRAISER OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY COMPONENT OF ANY SUBMISSION. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS FUNDRAISER MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, DMAIG RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. APPLICABLE LAWS AND JURISDICTION. This Fundraiser is subject to all applicable federal, state, and local laws and regulations. For issues concerning the construction and validity, the laws of the State of Indiana shall govern interpretation and enforceability of these Terms and Conditions. All disputes arising out of or connected with this Fundraiser will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Indiana. Should there be a conflict between the laws of the State of Indiana and any other laws, the conflict will be resolved in favor of the laws of the State of Indiana. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Fundraiser and shall not include any indirect, punitive, incidental and/or consequential damages.
9. ADMINISTRATOR. The administrator of this fundraiser is Tony Stewart Foundation located at: Tony Stewart Foundation, 438 Southpoint Circle, Brownsburg, IN 46112. The email address is email@example.com . The primary organization website is https://TonyStewartFoundation.org/ . The Tony Stewart Foundation is a 501(c)(3) charitable organization registered with the Internal Revenue Service and the Attorney General's Office in the State of Indiana.