THE "MARIGOLD IDEAS FOR GOOD" OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED CONTEST.

BY ENTERING, EACH ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

ENTRANTS WILL BE REQUIRED TO UNDERGO A BACKGROUND CHECK AS A CONDITION OF BEING CONSIDERED A FINALIST AND SIGN A PRIZE ACCEPTANCE RELEASE AS A CONDITION OF RECEIVING A PRIZE. GRAND-PRIZE WINNER MUST BE ABLE TO TRAVEL ON SPONSOR-SELECTED DATES.

1. ELIGIBILITY: The “Marigold Ideas For Good” Contest is a series of six (6) separate monthly contests (each a “Contest” and collectively, the “Contests”). Each Contest is only open to legal residents of one of the fifty (50) United States or the District of Columbia, who are fifty (50) years of age or older, at the time of entry. Employees of TakePart, LLC (“Sponsor”), Civic Ventures, Elderhostel, Inc., also doing business as Road Scholar (“Road Scholar”), Fox Searchlight Pictures, and their respective parents, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with the Contests, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter or win a prize. Additional people who are not eligible to enter or win a prize include: members of the Civic Ventures Board of Directors, Civic Ventures Senior Fellows , Civic Ventures key volunteers (including those individuals who have been granted significant, independent decision-making authority with respect to financial or other resources of Civic Ventures or any of its programs), Civic Ventures program grantees (who have received grants of cash, equipment or other assistance from Civic Ventures during the 12-month period preceding the deadline for the applicable entry period), Contest reviewers and judges, and relativesof any of the individuals in the categories listed in this sentence. For the purpose of the Contests, relatives are defined to include spouse, domestic partner, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Limit one entry, per person, per Contest. Individuals may enter more than one of the Contests, but may not win more than one prize. Void where prohibited by law.

2. ENTRY PERIODS: Each Contest will be held during the applicable “Contest Period” as set forth below, together with other relevant Contests dates (all dates may be changed or extended in Sponsor’s sole discretion):

Contest

Entry Period

Judging Period

Public Voting Period

Potential Winner Announced on or about following dates:

April

Contest

April 2, 2012 at 12:00:01 a.m. PT to April 30, 2012 at 11:59:59 p.m. PT

May 4, 2012 to May 24, 2012

May 31, 2012 at 12:00:01 a.m. PT to June 7, 2012 11:59:59 p.m. PT

June 15, 2012

May Contest

May 1, 2012 at 12:00:01 a.m. PT to May 31, 2012 at 11:59:59 p.m. PT

June 6, 2012 to June 27, 2012

July 2, 2012 at 5:00:01 p.m. PT to July 9, 2012 at 4:59:59 p.m. PT

July 16, 2012

June

Contest

June 1, 2012 at 12:00:01 a.m. PT to June 29, 2012 at 11:59:59 p.m. PT

July 5, 2012 to July 25, 2012

July 30, 2012 at 5:00:01 p.m. PT to August 6, 2012 at 4:59:59 p.m. PT

August 14, 2012

July Contest

July 1, 2012 at 12:00:01 a.m. PT to July 31, 2012 at 11:59:59 p.m. PT

August 3, 2012 to August 27, 2012

August 31, 2012 at 12:00:01 p.m. PT to September 7, 2012 at 4:59:59 p.m. PT

September 14, 2012

August Contest

August 1, 2012 at 12:00:01 a.m. PT to August 31, 2012 at 11:59:59 p.m. PT

September 5, 2012 to September 26, 2012

October 1, 2012 at 5:00:01 a.m. PT to October 8, 2012 at 4:59:59 p.m. PT

October 17, 2012

September Contest

September 3, 2012 at 12:00:01 a.m. PT to September 28, 2012 at 11:59:59 p.m. PT

October 5, 2012 to October 26, 2012

October 31, 2012 at 5:00:01 a.m. PT to November 7, 2012 at 4:59:59 p.m. PT

November 16, 2012


3. HOW TO ENTER: During the Entry Period, visit TakePart.com/TheBestExoticMarigoldHotel (“Contest Website”), provide responses to a series of questions (described in Section 4 below) about you and your idea for a project that improves your community (“Submission”), select your project category (Education, Social Services, Environment, Health Care, Encore Careers, or Other) and completely fill out and submit your entry form (collectively, an “Entry”). Your Submission will only be considered for the specific Contest for which it is submitted and will not be carried over between Contests; you must re-register and resubmit your Submission to be considered in subsequent Contests. Your Entry must comply with these Official Rules, including, without limitation, the requirements set forth in Section 4 below. Entrant must provide Sponsor with all required information, which may include, without limitation, your full name and e-mail address.

Entries for each Contest must be received during the applicable Entry Period. For purposes of this Contest, an Entry is “received” when the Entry is completed and submitted at the Contest Website and the Contest Website’s servers record the receipt of the Entry. Proof of sending an Entry (such as a “thank you” screen or confirmatory message) does not constitute proof of actual receipt by Sponsor of an Entry for purposes of this Contest. The Contest Website’s database clock will be the official time keeper for this Contest. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, postage-due, illegible, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.

ONCE TRANSMITTED ALL ENTRIES BECOME PART OF THE CONTEST AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM CONTEST CONSIDERATION. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. Those who do not follow all of the instructions, provide the required information in their Entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.

4. SUBMISSION CONTENT REQUIREMENTS: All Entries must meet the following requirements or they may be disqualified in Sponsor’s sole discretion:

  • The Submission must include a response to each of the following five (5) questions in the designated entry fields on the Contest Website:
    • Describe your idea. (100 words or less).
    • How does your idea address a community, national or international social problem? (100 words or less).
    • How would winning a $5,000 grant and the support of the Encore Careers Community help you get your idea off the ground? (100 words or less).
    • What inspires you about this idea and its potential for the future? (100 words or less).
    • How will your work and life experience help you turn your idea into a reality? (100 words or less).
  • The Submission must be in English.
  • The Submission must not contain any artwork, photographs or images.
  • Entries must comply with these Official Rules and any Terms of Use posted on the Contest Website.
  • Except for any content specifically provided by the Sponsor for use in the Contest on the Contest Website, and materials in the public domain, Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Any use of materials not original to the entrant (other than those provided by Sponsor for this Contest) is grounds for disqualification from the Contest. Do not include materials or trademarks belonging to any third parties unless you have obtained all rights necessary to permit you to use same in and in connection with your Submission and to grant the rights herein granted to Sponsor.
  • Submissions must not include material that: (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful and/or (e) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
  • Submission must not be subject to any contractual commitments or relationships you may have which would prevent you from granting the rights set forth in Section 5 below.

Entrant agrees to indemnify the Contest Entities (defined below) against any and all claims from any third party for any use or reuse by Sponsor of the Entry. Sponsor may, in its sole discretion, require any entrant to also complete, sign, and return additional permissions, releases and other documents (including from any individuals referenced in the Submission) in the form provided by Sponsor, without alteration, within the time frame specified by Sponsor to win the prize in this Contest. By submitting your Entry, you agree to comply with any of Sponsor’s requests for any further permissions, documentation, and signatures.

5. LICENSE: Entrants, upon submission of their Entry to the Contest, hereby irrevocably grant to Sponsor, and each of its partners, licenses, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, DVDs, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in this Contest. Sponsor, and each of its partners, successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entry submitted as part of the Contest in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with the Submission submitted as part of the Contest. Notwithstanding that Sponsor is granted a non-exclusive license in entrant’s Entry, entrants acknowledge that as a condition to being selected as a Winner, entrants may be required to confirm such license by completing and submitting the Winner Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to license all such rights to Sponsor and its partners free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entry and are not obligated to use any of the Entry. Entrants agree not to issue any publicity or statements (oral or written) concerning Sponsor, the Contest, the motion Picture “The Best Exotic Marigold Hotel” or any of the Contest Entities (defined below). Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

6. REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Each entrant further represents and warrants that his/her Entry and all materials and matter therein: (1) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has obtained all necessary rights; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Further, each entrant represents and warrants that Sponsor’s use of any of the Entry shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Contest Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.

7. DETERMINING THE WINNER:

       (a) Judging. During the Judging Period, a judge or team of judges (“Judge”) selected by Sponsor in its sole discretion will select fifteen (15) potential finalists (“Finalists”) from amongst all entries received by giving each Entry a score of 0, 1, or 2 (2 being the highest) in each of the following six (6) categories (collectively, “Judging Criteria”):

  1. Is the idea feasible and would a $5000 prize significantly help to implement the idea?
  2. Does the idea focus on an important issue that fits within the stated criteria for the Contest?
  3. Does the Entrant demonstrate passion for the idea?
  4. Does the idea provide a compelling conversation starter for the online community?
  5. If executed, will the idea likely make a significant impact on the people in the applicable community?
  6. Overall impression.

Sponsor reserves the right to conduct a background check of any and all records of the Finalists prior to the Public Voting Period, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, Finalist shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by Finalist. In that regard, Finalist will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify Finalist from the Contest for failure to authorize a background check.

Finalist must furnish a photograph of himself or herself that will be subject to the terms and conditions of these Official Rules, including, without limitation, Submission requirements and license grant.

       (b) Public Voting. At the conclusion of the Judging Period with respect to each Contest, Sponsor will post the fifteen (15) Finalists selected on the Contest Website. Thereafter, during the Public Voting Period, the public may vote for their favorite Submission, based on the Judging Criteria (collectively, the “Public Vote Criteria”). The five (5) Submissions that receive the five (5) greatest number of votes will be Public Vote Finalists. Limit one (1) vote per Contest Entry per person/e-mail address/day during the Public Voting Period. For the purpose of this Contest, a “day” will begin at 12:01 a.m. ET and end at 11:59 p.m. ET. If Sponsor determines or suspects that a single person has submitted votes in excess of the stated daily maximum, or that any votes submitted are illegitimate or suspect, Sponsor will have the right in its discretion to disqualify any or all of the affected votes and/or to take such other actions as it deems appropriate. Any entrant offering or using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes will be disqualified and any votes earned by those means will be void in Sponsor’s sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits visitors to vote repeatedly is prohibited. Finalists agree to promote the Public Vote through their various social networks and must also disclose that they are a Finalist and have the opportunity to win a Prize for their Submission based on the Public Vote.

       (c) Winner Selection. For each Finalist, the Judges will compile a final score based on the following criteria: (i) Public Vote (50%), and (ii) Finalists’ scores in the Judging Criteria (50%) (“Final Score Criteria”). Subject to verification, the five (5) Finalists whose Submission receives the five (5) highest scores based on the Final Score Criteria will be declared potential winners (“Winners”) and each will win a First Prize (as described in Section 8 below). Subject to verification, the one (1) Finalist whose Submission receives the highest score among all Finalists will also receive the Grand Prize (as described in Section 8 below). In the event of a tie, the Sponsor will break the tie using the highest ranking submission in the overall impression category.

Decisions of the Sponsor and the Judge as to the administration of the Contest, interpretation of the Official Rules, and the selection of the Winners will be final. Sponsor, may in its sole discretion, select additional runner-up Entries that may be featured on the Contest Website and promoted on and offline as set forth in these Official Rules. The potential Winners of the Contest will be contacted by e-mail and may be required to complete, sign, notarize (if applicable), an affidavit of eligibility/release of liability/prize acceptance agreement and tax forms (collectively, the “Winner Documents”) and return the Winner Documents before being eligible to receive his or her Prize. If any potential Winner fails or refuses to sign and return such Winner Documents within seven (7) days of the first (1st) notification attempt via the potential Winner’s e-mail address, or if the Winner Documents are returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential Winner may then, in Sponsor’s sole discretion, be selected by the Judge from the criteria set forth above. The Winner Documents are subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winner, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent. Entrants must maintain their e-mail address for the duration of the Contest.

8. PRIZES:

       (a) Grand Prize. Sponsor will be awarding one (1) “Grand Prize” based on the Final Score Criteria at the end of each Contest Period consisting of one (1) educational travel program, organized through Road Scholar, on dates selected by Road Scholar. All locations, schedules, activities and other details regarding the educational travel programs offered by Road Scholar will be determined by Road Scholar in its sole discretion. The Grand Prize Winner may select one educational travel program from a selection of educational travel programs provided by Road Scholar as determined by Road Scholar. Road Scholar educational travel programs are for groups, and program components including accommodations, meals and activities, cannot be customized or modified for Winners. The accommodations, meals and activities included in each educational travel program are disclosed for each program at www.roadscholar.org. The total approximate retail value (“ARV”) for the Grand Prize is $2000-$5000. The ARV of Grand Prize may vary depending on the educational travel program selected, point of departure, travel dates and fare/rate fluctuations. The maximum value of the Grand Prize, inclusive of airfare, is $5,000. All travel arrangements must be made through Road Scholar. Certain restrictions and blackout dates may apply. The Grand Prize Winner must travel within one year of executing the Winner Documents or the Grand Prize may be forfeited and an alternate Grand Prize Winner chosen.

       (b) First Prizes. Sponsor will be awarding five (5) “First Prizes” based on the Final Score Criteria at the end of each Contest Period, consisting of the following: a grant of $5,000 to fund the implementation by Winner of his or her Submission.

The total ARV for all Prizes for each Contest is $27,000-$30,000.

By accepting a First Prize, each Winner agrees to provide Sponsor with a written update on the progress and success of Winner’s project and Winner’s use of his or her Prize to facilitate such project within six (6) months of receipt of the Prize (“Project Update”).

Road Scholar’s Registration and Program Policies, as published in its catalogs, shall apply, except as modified or clarified as follows: In the event of cancellation by Road Scholar prior to the program’s commencement, Winner may select an alternative program from all available Road Scholar programs. In the event of cancellation or modification by Road Scholar after the program has commenced, Road Scholar will issue a cash refund for the pro-rata share of the price of the program and the cost of the airfare for the cancelled days. If the Winner should cancel his/her enrollment prior to the program’s departure, cancellation fees for the program, as published in Road Scholar’s catalogs, and any nonrefundable airfare will be deducted and the remaining value, if any, may be applied by the Winner to an alternate program. The Grand Prize Winner will not receive cash or any other form of compensation if the price of the educational travel program selected by Winner and Winner’s airfare to and from the program destination are less than $5,000.

The Grand Prize Winner must possess all required travel documents. It is the responsibility of the Grand Prize Winner to provide proper documentation (including, if necessary, a United States passport valid for at least six (6) months after the conclusion of the Prize). Airline tickets are non-refundable/non-transferable. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor and Road Scholar shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies or any other persons providing any Prize-related services or accommodations Sponsor and Road Scholar are not liable for any missed Grand Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Except as specifically provided in these Official Rules or as Sponsor may determine in its discretion, no refund or compensation will be provided with respect to any cancellation or delay of any transportation or other Prize element. Additional Grand Prize award details and travel information to be provided to the Grand Prize Winner at the time of Prize notification. Grand Prize Winner is also responsible for obtaining all other forms of insurance not specifically provided as part of the Prize above at their option and hereby acknowledge that Sponsor and Road Scholar have not and will not obtain or provide such additional insurance. The Grand Prize Winner may be required to provide a credit card at the time of check-in. Travel is subject to the terms and conditions set forth in these Official Rules and those imposed by airlines and other providers of Prize components. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.All expenses not specifically mentioned herein, are not included as part of any Prize package, and are solely the Grand Prize Winner’s responsibility, including, but not limited to: additional meals, additional ground transportation at the Grand Prize Winner’s destination(s), supplemental travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, merchandise, souvenirs, telephone calls, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. If, for whatever reason, any event associated with the Grand Prize is cancelled after the Grand Prize is awarded, Sponsor’s liability for the Grand Prize is limited only to the non-event portions of the Prize. No compensation will be paid in lieu of the cancelled event except as specifically provided in these Official Rules.

Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s and Road Scholar’s sole and absolute discretion. Prize details and availability are subject to change and Prize provider's rules and restrictions, and Sponsor may elect to provide Winner with the approximate value of such item in cash or award an alternate Prize of comparable or greater value for any reason, including, without limitation, if Sponsor is unable to provide the Winner with their Prize. In the event Winner engages in behavior that (as determined by Sponsor or any Prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to remove the Winner from the program. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive, regardless of whether it, in whole or in part, are used. ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner will be required to provide Sponsor and Road Scholar with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. Unclaimed Prizes will be forfeited.

Winners may also have his/her Entry and/or Project Update featured on the Contest Website (in Sponsor’s sole discretion) as well as syndicated across third party web sites. The Prizes, if legitimately claimed, will be awarded. If a Winner does not accept his/her Prize, Sponsor will have no further obligation with respect to that Prize or Winner. No Prize transfers, substitutions or cash redemptions will be made or allowed, except in the Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or greater value for any reason. No more than the stated Prize will be awarded.

If, as part of the Prize, the winning Entry or entries or Project Update will be publicly displayed, performed, broadcast, duplicated, manufactured, provided for sale, advertising purposes, etc., entrants acknowledge and agree no additional agreement or consent of the Winner or any third party will be necessary to do so. The sole compensation to the Winner will be the Prize and no additional compensation will be due or paid as a result of the Entry or Project Update being used as contemplated.

9. LIMITATION OF LIABILITY: By PARTICIPATING IN THE CONTEST, EACH ENTRANT agreeS TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY Sponsor, CIVIC VENTURES, ROAD SCHOLAR, Fox Searchlight Pictures, AND THEIR RESPECTIVE parents, AND EACH OF THEIR RESPECTIVE divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies, and the respective officers, directors, employees, representatives and agenTs of each OF THOSE PARTIES (collectively, “Contest Entities”) from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing entrants agree that CONTEST ENTITIES: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize, including, without limitation, to the prize’s quality or fitness for a particular purpose; and (b) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the CONTEST ENTITIES, or (2) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless CONTEST ENTITIES from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against THE CONTEST ENTITIES. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.

Further, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. ADDITIONAL DISCLAIMERS: Contest Entities are not responsible and/or liable for any of the following, whether caused by a Contest Entity, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Contest-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information. Contest Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Contest Entities are not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Contest Entities are not responsible or liable to any entrant or to the Winner or any person claiming through such Winner for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Contest Entities’ sole control.

11. GENERAL RULES: Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Winner waives any right to inspect or approve any such use. Entrants, as a condition of Entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Those who do not follow all of the instructions or provide the required information in their Entry form, or abide other instructions of Sponsor may be disqualified. Entrants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right, in Sponsor’s sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. If any Contest is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Contest. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of Entry, but only if that person meets all other eligibility criteria. A registered 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 institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Disputes/Governing Law: Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, or the Prize awarded, or the determination of Winners must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.

This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these courts.

In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of any Sponsor property or production, this Contest, any web site, content, advertising or other materials used, displayed or issued in connection with the Contest or any Contest submission or Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law

13. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of these Official Rules or for notification of the Winners, send a self-addressed stamped envelope to: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210. Attention: Business & Legal Affairs. Please specify whether you are requesting a copy of these Official Rules or a Winners list and the name of the Contest. Requests for Winners lists must be received no later than three (3) months after the end of the Contest Period. Vermont residents may omit return postage with Official Rules requests.

14. SPONSOR: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210.

15. MISCELLANEOUS: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. If you enter the Contest, Sponsor will have access to your personal information. By entering the Contest on the Contest Website, you accept Sponsor’s Privacy Policy and Terms of Use, each as posted on the Contest Website.

//End of Official Rules/

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The Best Exotic Marigold Hotel — The Marigold Ideas For Good Contest | Official Rules