Bite Down Moment Terms and Conditions Release
For the purpose of these Terms and Conditions and Release, the terms "we," "us," and "our" refer to CamelBak Products LLC and its affiliates, parents, subsidiaries, directors, officers, employees, shareholders, members, managers, contractors, attorneys, successors and assigns (collectively, "CamelBak"). The term "you" refers to you as a participant in the Bite Down Moment of the Day event (the “Bite Down Moment Event”). Please read these Terms and Conditions before submitting content to the Bite Down Moment Event (your “Bite Down Content”) by uploading or sharing video or photographs via YouTube, Facebook or any other mechanism.
The Bite Down Moment Event is sponsored by CamelBak. By submitting any Bite Down Content, you accept and agree to the following Terms and Conditions.
Appropriate Conduct and Content
By submitting Bite Down Content, you represent that you are at least eighteen (18) years of age and not a minor in your state of primary residence. You are solely responsible for your conduct and any data, text, information, photos, videos, links and other materials in the Bite Down Content that you submit, share, and display through the Bite Down Moment Event. Any statements that you make about CamelBak or its products in your Bite Down Content must accurately reflect your personal beliefs. Any opinions contained in the Bite Down Content must be true to the best of your knowledge.
CamelBak reserves the right, without notice to you, to refuse to post, to edit or to take down any Bite Down Content that it determines in its sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise inappropriate or objectionable, or that, in its sole judgment, violates or may violate any party’s intellectual property or other proprietary rights or these Terms and Conditions. Examples of inappropriate or objectionable content may include, but are not limited to: (i) submitting content of any third party without such third party’s prior written consent; (ii) submitting content that falsely expresses or implies that such content is sponsored or endorsed by CamelBak; (iii) submitting content that disparages the CamelBak brand; (iv) submitting content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party; (v) submitting content that is unlawful or promotes or encourages unsafe or illegal activity; (vi) submitting content that displays an advertisement; or (vii) submitting false or misleading information.
Changes to These Terms and Conditions
CamelBak reserves the right to modify, suspend, discontinue or permanently cancel the Bite Down Moment Event for any reason, and without notice, without liability to you, any other participant or any third party. CamelBak also reserves the right to modify these Terms and Conditions at any time and from time to time without notice.
License to Use Materials
By submitting any Bite Down Content, you automatically grant CamelBak a worldwide, non-exclusive, royalty-free, irrevocable license to use and publicly display or re-display such Bite Down Content in all media whatsoever, now known or hereafter developed, without limitation as to geographic scope, duration or frequency of usage (including, without limitation, the internet, e-mail blasts and mobile or text messages) that are used by CamelBak or its agents in connection with the Bite Down Moment Event or the promotion and marketing of CamelBak and its products, or for any other purposes as CamelBak may elect in connection with its marketing, advertising, and promotion efforts. You represent to CamelBak that you own all rights in all content in the Bite Down Content you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Bite Down Content you provide. You further represent to CamelBak that such Bite Down Content does not infringe any third-party copyrights or other third-party intellectual property rights.
By submitting the Bite Down Content and in consideration of the possibility of the Bite Down Content being published as part of the Bite Down Moment Event, you hereby:
(a) grant to CamelBak the right to use and/or publish your name, physical likeness, image, voice and performance (collectively, your "Likeness") in your Bite Down Content and in portions of your Bite Down Content in advertising, promotion and publicity or any other lawful purpose whatsoever throughout the world in connection with the Bite Down Moment Event and CamelBak, in all media now known or hereafter developed, in perpetuity (the “Release”).
(b) grant CamelBak the right to use all information obtained about you in and in connection with the Bite Down Moment Event and promotion or advertising of the Bite Down Moment Event or CamelBak. You understand that the publication of your Bite Down Moment in the Bite Down Moment Event may expose you to public ridicule, humiliation or condemnation, and may portray you in a false light. You understand and acknowledge that you have freely and knowingly consented to such publication.
(c) release, discharge and agree to save harmless CamelBak and its legal representatives or assigns and all persons acting under their permission or authority or those for whom they are acting, from any and all liability resulting from the use of your Bite Down Content or your Likeness in accordance with the terms hereof and from any third party’s actions inspired by your Bite Down Content. You further release CamelBak from any and all obligations whatsoever with respect to the use or display of the Bite Down Content or any element of your Likeness which may come about subsequent to the Bite Down Moment Event and CamelBak’s publication of my Bite Down Content or Likeness.
You hereby represent and warrant that you are the parent or guardian of any minors presented in your Bite Down Content and provide the above Release on behalf of such minors and that you have obtained comparable Releases in favor of CamelBak from any and all other individuals presented in your Bite Down Content.
You agree to defend, indemnify and hold harmless CamelBak and its distributors, advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your submission of Bite Down Content, including third party actions inspired by your submitted Bite Down content; your breach or alleged breach of this Agreement; or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.
You agree that you are responsible for any and all charges, costs and/or expenses connected with your creation and submission of Bite Down Content. You understand and agree that CamelBak shall have no obligation to publish your Bite Down Content in the Bite Down Content Event.
Limitation of Liability and Release of Liability
Except in jurisdictions where such provisions are restricted, CamelBak parties and their licensors and contractors, advertising and promotion agencies (including any third parties providing all or part of the service) ("Released Parties") shall not be liable for any indirect, incidental, special or consequential damages even if the Released Parties have been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the maximum extent permitted by law in such states. You hereby release, discharge, indemnify and hold harmless each of the Released Parties from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting, in whole or part, directly or indirectly, from your creation or submission of Bite Down Content including, without limitation, your breach of this agreement or the use by CamelBak or their respective designees of any rights granted by you.