TERMS AND CONDITIONS
The First Tennessee Bank Mempho Volunteer Program
Participant acknowledges that Sponsor is merely promoting the Volunteer Event on behalf of the Charity and is not responsible in any way for ensuring my safety at the Events. . Participant represents that he/she is in good health, physically fit and otherwise prepared and able to participate in the Event, and no health professional has advised Participant otherwise. Participant understands that by volunteering at the Volunteer Event, I may be asked to participate in potentially hazardous and/or physically-demanding tasks such as construction, unloading or carrying heavy equipment or objects, or general physical labor, and I acknowledge that my participation in the Volunteer Event is entirely voluntary. If at any time, during my participation in the Volunteer Event, I feel like I am asked to perform a task that is too hazardous or too physically demanding, I will immediately ask a representative of the Charity for an alternate task that is more suitable to me. Participant further understands that my participation in the Volunteer Event, or my presence at the Ticketed Event, may involve known and unanticipated risks that could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSSES to myself, my property, and to other third parties and their property. I fully accept and ASSUME ALL SUCH RISKS and all responsibility for all Losses (defined below) that I incur as a result of my such participation or attendance.
Participant, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably (i) releases and discharges Sponsor; the Charity, contractors, vendors and organizers of the Event, including G2G Activations LLC (“Administrator”), Ripplebox LLC (“Agency”), (collectively, “Program Entities”), the owners, lessors, lessees and any other individual or entity with any interest in the location(s) where the Events takes place; other Volunteer Event volunteers and other Ticketed Event guests; and any of its or their affiliates, partners, members, managers, directors, officers, employees, agents, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns (each considered a “Releasee” herein) from any and all liability, claims, demands, losses (including, without limitation, BODILY INJURY, ILLNESS OR DEATH), damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Loss(es)”) arising out of or in any way related to my participation in or attendance at the Events, including, but not limited to, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY (Ai) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, (Bii) any claim, action, suit or demand brought on my behalf against any Releasee by reason of or in connection with my participation in or attendance at the Event, or (Ciii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information, .and (ii) Administrator, and any of its affiliates, partners, members, managers, directors, officers, employees, agents, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns (together with the Releasees, the “Released Parties”), from any Losses arising out of or in any way related to my participation in or attendance at the Event, except to the extent such Losses arise out of intentional acts of Administrator.
Participant, on behalf of myself and anyone who obtains any rights from or through me, covenant not to sue any Released PartyReleasee or cause any Releasee Released Party to be sued regarding any matter released above and will indemnify and hold harmless each Releasee Released Party against any Losses regarding any matter described herein. If I am a California resident or could otherwise claim the protections of California law, I expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
Participant hereby releases and indemnify each Releasee Released Party from any and all liability or claims of any kind arising out of or resulting from participant’s participation in the Program, including but not limited to any bodily or personal injury or property damage that may occur.
- Eligibility: The Frist Tennessee Bank Mempho Volunteer Program, (such program, including any Volunteer Events (defined below), the “Program”), is open to legal residents of the fifty (50) U.S. states and the District of Columbia who are at least 18 years of age at time of entry. In addition, participants must not be a party to any agreement that might present a conflict or interfere with participant’s participation in the Program or from allowing First Tennessee Bank National Association (“Sponsor”) to use or license any photographs or footage that includes such individual for the uses specified herein. Sponsor reserves the right, in its sole discretion, to disqualify any participant who is under any agreement which Sponsor deems to be in conflict with the Program. This Program is subject to all applicable federal, state, local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
- 2. Acknowledgement; Release; Indemnity: By assenting to these Terms and Conditions, participants acknowledge and agree: (i) that his/her participation in the Program or any Volunteer Event (hereinafter defined) is voluntary; (ii) my attendance at the Ticketed Event (defined below) is voluntary, (iii) that nothing in this Program or these Terms and Conditions is intended to create or give rise to any employment relationship (and participant should not have any expectations of employment at registration, while attending a Volunteer Event or the Ticketed Event (together, the “Events”), or at the conclusion of Program; (iiiiv) to be bound by and comply with these Terms and Conditions, (iv) that any interpretation of these Terms and Conditions by Sponsor are is final; and (vi) to comply with any and all applicable federal, state and local laws, rules and regulations.
To register, participant must: (i) visit mempho.gv2gt.com; (ii) select an available Volunteer Event date and time slot; (iii) complete the registration process, including providing participant’s name, address phone number, email address and date of birth and; and (iv) agree to the Program Terms and Conditions. Only fully completed registrations will be accepted. Participant will receive one (1) confirmation email after registering for Program and one (1) reminder email prior to the applicable Volunteer Event that will include participation details. Each participant can register for and participate in the Program at one (1) Volunteer Event only. Participants are responsible for making all arrangements necessary to participate in Volunteer Event. Any transportation and lodging are solely the participant’s responsibility
If it is suspected that an individual uses multiple e-mail addresses to submit more than one (1) registration, only one (1) registration will be considered. In the event of a dispute over who submitted a registration, the “authorized account subscriber” of the e-mail account used to register for the Program at the actual time of registration, will be deemed to be the registrant. The “authorized account subscriber” for online registrations is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor. Proof of registration will not be deemed to be proof of receipt of registration by Sponsor. It is the sole responsibility of the participant to notify the Administrator in writing if the participant changes his or her email address during the Program Period.
- Program Overview: Sponsor is currently supporting the charity organizations listed on mempho.gv2gt.com (“Event Website”) wherein (each a “Charity,” and collectively “Charities”), in connection with a music volunteerism program that allows individuals to participate in one of the specific local volunteer events listed on the Event Website (each, a “Volunteer Event”), and receive one (1) ticket to the Mempho Music Festival October 6-7, 2017 (the “Ticketed Event”).
- To Register Online: The Volunteer Events take place on the dates and times and at the locations listed on the Event Website. The registration for the Volunteer Events begins when each event is posted on the Event Website. Registration is on a first come, first served basis and will end for a specific Volunteer Event when the number of volunteer slots listed on the Event Website have been filled. The registration period and the Volunteer Events participation periods will collectively be referred to herein as (“Program Period”).
The applicable Charity and/or Administrator will assign volunteer activities to each participant. Participant should plan on volunteering for the entire four (4) hours during the times noted for the Volunteer Event on the Event Website for the applicable Volunteer Event. Each participant understands and agrees that Sponsor, Administrator and the applicable Charity have the right, at their sole discretions, to disqualify and remove any participant from any activity at any time if such person’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, Administrator and/or Charity or otherwise violates the policies of the Sponsor, Administrator and/or Charity.
- To Participate: Participants must arrive at the Volunteer Event on their scheduled day at least fifteen (15) minutes prior to their scheduled time. Prior to participating in a Volunteer Event, each participant must: (i) prove eligibility, including without limitation, showing proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification; and (ii) sign and submit the Waiver and Consent Form provided to them at the Volunteer Event. Failure to comply with any of these conditions will result in participant’s disqualification from Program.
By participating in Program, participants acknowledge that Program Entities have not and will not obtain or provide insurance of any kind relating to the Tickets and that participants will be responsible for obtaining and paying for any form of insurance relating to the Tickets that participants deem appropriate.
- Publicity Release: By participating in Program, each participant grants to Sponsor, Administrator and Charity, and its representatives, affiliates, licensees and assigns, the right and permission to interview, record, film, videotape and photograph the participant (“Images”) and to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, and copy the participant’s name, voice, city/state of residence, biographical information, and/or likeness, and any other attributes of participant, individually or with others, in whole or in part, in conjunction with other material, for advertising, trade, publicity, promotion and/or for any other purpose in any and all media or format now known or hereafter devised, worldwide in perpetuity, without further compensation, consideration, permission or notification, except where prohibited by law,
- Tickets: Each participant that, in Administrator’s sole discretion (or the applicable Charity if Administrator delegates such authority), successfully completes their volunteer service will receive one (1) ticket (“Ticket”) to the Ticketed Event. The seat locations, if any, will be determined by Sponsor in its sole discretion. NO FOOD, LODGING OR TRANSPORTATION IS PROVIDED AS PART OF THE TICKET AWARD. Participants are responsible for all costs and expenses associated with attendance at the Ticketed Event. The date of the Ticketed Event is subject to change in Sponsor’s sole discretion. If a participant is not willing or able to accept the Ticket, Sponsor will have no further obligation to the participant.
Program Entities and Released Parties are not responsible if Program or Event cannot take place, or if any Ticket cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Program Entities. If, for any reason Program is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Program Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Program, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Program or any part of the Program. If Program or any part of the Program is terminated or modified prior to the closing date of the Program, notice will be posted on www.memphofest.com. Failure by Program Entities to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Ticket Terms: All Ticket details are at Sponsor’s sole discretion. If for any reason the Ticketed Event is delayed, cancelled or postponed, Sponsor reserves the right to modify the Program in its sole discretion and award a substitute award, of comparable or greater value. No transfer, assignment, cash equivalent or substitution of the Ticket is permitted by a participant. Sponsor shall have no responsibility or obligation to a participant who is unable or unavailable to attend the Ticketed Event, or who does not for any reason, accept or utilize the Ticket. All costs and expenses not specifically listed above as part of the Ticket, including, without limitation; lodging, transportation, meals snacks, beverages, souvenirs and personal expenses are solely participant’s responsibility. THE TICKET IS PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT PROGRAM ENTITIES AND RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE TICKET AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Tickets pictured in online, television, print advertising, and other Program materials are for illustrative purposes only. Arrangements for the fulfillment of a Ticket will be made by Administrator and/or Sponsor.
- Taxes: All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of the Ticket not specifically provided for in these Terms and Conditions are solely the participant’s responsibility.
- Miscellaneous: Program Entities and Released Parties are not responsible for and will disqualify registrations that are: stolen, lost, incomplete, late, damaged, illegible, invalid, unintelligible, tampered with, fraudulent, misdirected, whether caused by any of the equipment or programming associated with or utilized in the Program, or by any human, mechanical or electronic error that may occur in the processing of the registrations in the Program or other errors appearing within the Terms and Conditions or in any Program related advertisements. Program Entities assume no responsibility for any typographical or other error in the printing of the Program, administration of Program, errors in processing registrations, and the delivery of the Ticket, failures or malfunctions of telephones, telephone lines or telephone systems, computer systems, online systems, servers or providers or other communications malfunctions; interrupted or unavailable network, server or other connections, miscommunications, failed computer hardware or software or other technical failures, garbled, lost, misrouted or scrambled transmissions, any error, omission, interruption, defect or delay in any transmission or communication, traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to participant’s or any other person’s computer, computer system/software or mobile phone or other portable electronic device related to or resulting from participation in this Program. Use of any device to automate or subvert registration is prohibited and any registrations received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated registrations are permitted and any registrations received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated registration; (ii) to have tampered with the registration process or the operation of the Program; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such participant or Program Entities and/or Released Parties into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Program; or (vi) to be acting in violation of these Terms and Conditions. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY A PARTICIPANT WILL RESULT IN SUCH PARTICIPANT’S DISQUALIFICATION AS A PARTICIPANT OF THE PROGRAM AND ALL PRIVILEGES AS A PARTICIPANT WILL BE IMMEDIATELY TERMINATED.
- Disputes/Choice of Law: Except where prohibited, each participant agrees that: (i) all issues and questions concerning these Terms and Conditions shall be governed by Delaware law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Program including any awarded Ticket shall be (a) resolved individually, without resort to any form of class action; and (b) filed only in the state or federal courts situated in Delaware and participant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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.
- Sponsor: First Tennessee Bank National Association
- Administrator: G2G Activations LLC dba Give2Get, PO Box 207, Culver City, CA 90232
- Agency: Ripplebox LLC, 10153 ½ Riverside Drive, Toluca Lake, CA 91602
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