American Way Magazine Contest Details

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You may have seen our advertisement in American Way Magazine. The terms and conditions for our contest are below. We can't wait to see how you #movetheworldwithwords.

Smartling, Inc. ("Smartling") published an advertisement in the November issue of American Way magazine describing a contest (the "Contest"). The Contest is subject to the following terms and conditions:

  1. Smartling is the sponsor and administrator of the Contest.
  2. The Contest is open only to residents of the United States who are at least eighteen (18) years of age at time of entry ("Entrants").
  3. To enter, an Entrant must post a photograph of this advertisement to Instagram, Facebook, or Twitter; the post must include the hashtag #MoveTheWorldWithWords (an "Entry"). Entries must be posted by 11:59 PM U.S. Eastern time, November 30, 2019.
  4. Smartling will select a winner among eligible Entries in its sole discretion on December 1, 2019. The winning Entrant will be notified within forty-five (45) days of selection via the Instagram, Facebook, or Twitter account through which they posted the Entry. Smartling will provide the Entrant who submitted the winning Entry with a prepaid debit card with a balance of one thousand U.S. Dollars ($1,000.00) by mail; the winning Entrant must provide Smartling with a valid mailing address to receive this prize.
  5. Many may enter but only one Entry will win. The odds of winning will depend on the number of Entries received. Smartling cannot predict the number of Entries or Entrants into the Contest.
  6. By making an Entry, each Entrant represents and warrants as follows:  (a) Entrant has the right, either on their own or through a license, to any and all intellectual property featured in Entry whether owned by Entrant or by a third party; (c) the Entry does not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (d) the Entry does not violate any applicable laws, and is not and will not be defamatory or obscene; and (e) the Entry complies with all relevant platform guidelines and terms and conditions. Each Entrant hereby agrees to indemnify and hold Smartling and Instagram, Twitter and Facebook harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of Entrant hereunder.
  7. By making an Entry, each Entrant (a) irrevocably grants to Smartling and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, reproduce, modify, publicly perform, publicly display, distribute, and use the Entry by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on Smartling's websites, and through Smartling's social media channels; and (b) agrees to execute all further documents respecting the Entry requested by Smartling, including any further license, in order for Smartling to use the Entry as contemplated by the Contest. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Entry.
  8. Acceptance of a prize constitutes winner’s permission for Smartling to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that Smartling (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
  9. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Smartling in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in New York County, New York.

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