The following are the terms and conditions for the uploading of videos to the Thinkware Dash Cam (TDC) website.
ALL PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF UPLOADING. ALL UPLOADS MUST BE IN VIDEO FORM ONLY AND SUBMITTED IN ACCORDANCE WITH THE TERMS AND CONDITIONS LISTED BELOW. ALL VIDEOS ONCE SUBMITTED BECOME THE PROPERTY OF TDC.
- SUBMITTAL PERIOD: The video submittal period begins at 12:00:00 a.m. on the first day of the month and ends at 11:59:59 p.m. on the last day of the month (the “Submission Period”), or earlier, if TDC in its sole discretion deems it advisable, for any reason, to end the video Submission Period before the time stated above. TDCs computer is the official time keeping device.
- ELIGIBILITY: The submission of a video is subject to all applicable international and local laws and regulations. It is up to the sole discretion of TDC whether to post the participant’s video to the TDC website, social media and other online channels.
- AGREEMENT TO TERMS AND CONDITIONS: Each participant fully and unconditionally agrees to and accepts the terms and conditions described herein.
- PRIZES: Any prize will take the form of a single use 100% discount voucher to purchase that months prize item. Vouchers are not transferable.
- VIDEO REQUIREMENTS: Submitted video MUST NOT:
- Disparage any person, TDC or any of its products, services or employees, or any other entity;
- Violate or infringe another’s rights, including but not limited to privacy, property, publicity or intellectual property rights, or that constitutes copyright infringement which includes brand names, copyrighted work or trademarks;
- Use any non-public-domain music unless the entrant has entered into licenses with the owners of all copyrights for such music, including but not limited to the music composition and the music performance, as applicable, wherein such licenses are acceptable to TDC and are freely transferable to TDC;
- Contain any commercial content that promotes any product or service other than TDC’s;
- Include photos, artwork, writing, or music not created and performed by participant;
- Include content that is hateful, tortuous, defamatory, slanderous or libelous, promotes bigotry, racism, sexism, alcohol, illegal drugs, weapons, hatred or harm against any group or individual or promotes discrimination based on gender, race, color, creed, disability, national origin, religion, age, marital status, sexual orientation, gender identity or expression, or any other protected category;
- Contain content that is unlawful, in violation of or contrary to the laws or regulations in any country where the video is created;
- Contain any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content.
- Communicate messages or images inconsistent with the positive images and or goodwill to which TDC wishes to associate, determination of which shall be at the sole discretion of TDC;
- Embody the names, likeness, photographs, or other indicia identifying any person, living or dead, without permission; or
- Depict the use of TDC’s products or services in an inappropriate or dangerous manner.
TDC is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected videos. By submitting a video, participant warrants and represents that he/she and any persons appearing or who are otherwise identifiable in the video consent to the submission and the use of the video and such participants grant TDC permission to use his/her name, video, hometown, license, photograph or image for future advertising and publicity purposes in connection with the video submission in any and all media without additional compensation, notification or permission, unless restricted by law. Participant warrants and represents that its video does not contain images of a third party’s private property, or, alternatively, that the participant has obtained permission from each person whose private property appears in the video, and that participant has the power to and will grant the rights to TDC described herein, and can and will make such permissions available to TDC upon request.
- REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: Each person who submits a video represents and warrants as follows: (1) the video does not contain any computer virus and is otherwise uncorrupted; (2) the video does not and will not violate any applicable laws, and is not and will not be defamatory or libelous, and as of the date of submission, is not the subject of any actual or threatened litigation or claim, and (3) the participant and/or other individuals in the video has/have not engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with this video that may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property, may or is likely to create a risk of any other loss or damage to any person, living things or any property, is or may constitute a crime, unlawful or non-consensual activities (i.e., conduct that could lead to criminal prosecution), tortuous conduct (i.e., conduct that could lead to civil prosecution), or the violation or infringement of the rights of any other party. Each participant hereby agrees to indemnify and hold TDC 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, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of participant hereunder.
- GRANT OF RIGHTS: By submitting a video, the participant assigns and transfers to TDC all of his/her right, title and interest in and to his/her entry, including all but not limited to all copyright rights which he or she may have, in the United Kingdom and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. TDC shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter each video for any purpose which TDC deems necessary or desirable and may use that content in any media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereinafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without attribution (where permissible by law) or compensation to the participant, his/her successors or assigns, or any other person or entity. TDC, in its sole discretion, may feature any entry submitted on its website or any related website, in any promotional materials, at any other location, whether physical or online, that TDC, in its sole discretion, deems appropriate. Each participant hereby acknowledges that, except as set forth above, such participant does not reserve any right in or to the video.
- PUBLICITY RELEASE: By submitting a video, in addition to any other rights which may be granted in any other agreement entered into between TDC and all media and for any purpose including but without limitation, any advertising and promotional purposes, and hereby releases TDC from any liability with respect thereto.
- PRIVACY: By submitting a video, participant constitutes consent to said use of personal information. Any communication or information transmitted to TDC will not be entitled to any compensation or other consideration because of the use by TDC or any other participant of any such uploaded video.
- NO OBLIGATION TO USE: TDC shall have no obligation (express or implied) to use any entry, or to post any video to its website, to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and TDC may at any time abandon the use of any entry for any reason, with or without legal justification or excuse, and participants shall not be entitled to any damages or other relief by reason thereof.