Terms and Conditions
Semper Solaris, Inc.
Semper Cares Initiative Nominate A Hero
Terms and Conditions
Dated August 23, 2018
Thank you for visiting www.SemperSolaris.com/SemperCares-Initiative (the “Website”), which is owned and operated by Semper Solaris, Inc. (“Semper,” “we” or “us”). Please take a moment to review these Terms and Conditions (the “Agreement”). By using the Website or participating in the Nominate A Hero Campaign (“Campaign”), you (“Participant” or “you”) agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree to the terms of this Agreement please do not use the Website or participate in the Campaign.
The goal of the Campaign is to identify ways for Semper to help individuals in our community. We encourage you to use our Website to suggest ideas for the Campaign. Although we won’t be able to help everyone, we will carefully review your submission and will be in touch if your entry is selected. All ideas are welcome – there are no specific selection criteria and creativity is encouraged.
- How to Make a Submission: In order to make a Campaign submission, please fill out the online entry form at www.SemperSolaris.com/SemperCares-Initiative All entries must include the following: 1) your first and last name, complete address, email address, and phone number and 2) information about the military veteran you wish to nominate. Submissions must be in either English or Spanish.
- Selection: Periodically, eligible submissions will be judged by a qualified panel of judges selected by Semper in Semper’s sole discretion based on how the requested help would impact the nominee’s life. Judges’ decisions are final and binding on all matters relating to this Campaign. Potential recipients will be notified by phone and email.
- Verification of Potential Recipients: ALL POTENTIAL RECIPIENTS ARE SUBJECT TO VERIFICATION BY SEMPER, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CAMPAIGN. A SUBMITTER IS NOT A RECIPIENT OF ANY HELP UNLESS AND UNTIL NOMINEE’S AND APPLICANT’S ELIGIBILITY HAS BEEN VERIFIED AND BOTH HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- Submission Details: Submission must be written in English or Spanish and must be true. Semper reserves the right to verify the accuracy of submissions. Submissions must be the submitter’s original creation, may not have been published or previously won any other contest award, may not infringe third party rights (including, without limitation, trademark, copyright, and/or any other intellectual property rights), and must be suitable for publication and consistent with Sponsor’s brand image, as determined at the sole discretion of Sponsor. Submissions may not defame any individual or violate the right of publicity or privacy of any person, living or dead. Submissions not complying with this Agreement are subject to disqualification in Semper’s sole discretion.
- Restrictions: Submitters must be legal residents of California who are 19 years of age or older. Void outside California and where prohibited by law. All federal, state and local laws, regulations, and ordinances apply. Employees, officers, and directors of Semper or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to participate. Participation constitutes the Participant’s, nominee’s and/or recipient’s full and unconditional agreement to this Agreement and to the decisions of Semper and Campaign judges, which are final and binding in all matters related to the Campaign. Being chosen is contingent upon fulfilling all requirements set forth herein. Semper reserves the right to verify submitters eligibility.
All submissions become the exclusive property of Semper and will not be returned. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Bulk, automated and/or third party entries are prohibited and will not be considered. Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to provide multiple and/or different identities, submissions, email addresses, logins, or any other methods will disqualify that Participant’s submissions at Semper’s discretion. In the event of a dispute as to any online submission, the authorized account holder of the email address used to register will be deemed to be the applicant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Submissions specifying an invalid, non-working, or inactive email address may be disqualified and ineligible for consideration.
- Use of the Website: You may only use the Website in accordance with this Agreement. In particular but without limitation, you may not use the Website for any purpose that is unlawful, prohibited by this Agreement, or that disrupts, interferes, embarrasses, or otherwise detracts from the Campaign in any way, in Semper’s sole discretion. In addition, by using this Website and participating in the Campaign, you agree (i) not to post, use or transmit content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws; (ii) post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations; (iii) impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) post or transmit any personally identifiable information about persons under 13 years of age; or (v) post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website.
- Changes to this Agreement: Semper reserves the right to modify this Agreement as necessary, with or without notice. Any changes to this Agreement shall be effective upon the posting of the revised Agreement. We will indicate the most current date of any change and encourage you to consult this Agreement from time to time. Continued use of the Website indicates you accept such changes.
- License: By entering a submission into the Campaign, you understand that you are granting to Semper, and to anyone authorized by Semper, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
- LIMITATIONS OF LIABILITY: In no event shall Semper, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Website be liable for any damages, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, resulting from the use or inability to use the Website or participation in the Campaign, whether based on warranty, contract, tort, or any other legal theory, and whether or not Semper is advised of the possibility of such damages. Semper is not liable for any personal injury, including death, caused by your use or misuse of the Website or your participation in the Campaign.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEMPER IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR PARTICIPATION IN THE CAMPAIGN EXCEED THE OUT OF POCKET EXPENSES THAT YOU LOST IN CONNECTION WITH USE OF THE WEBSITE DURING A ONE-YEAR PERIOD IMMEDIATELY PRECEDING ANY PURPORTED CLAIM.
Semper and its agents are not responsible for illegible or incomplete written submissions or for any failures and/or delays in on-line transmissions, malfunction or failure of any Internet connection, malfunction or failure of software or hardware, or any other errors or delays in the transmission of submissions, whether human or technical in nature. Semper shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.
- Indemnity: You agree to indemnify, defend and hold harmless Semper its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Agreement or any activity related to your participation in the Campaign (including negligent or wrongful conduct) by you and/or your nominee.
- DISCLAIMER OF WARRANTIES: To the fullest extent permitted by the applicable law, Semper offers this Website “AS-IS” and makes no representations or warranties of any kind concerning the Website, express, implied, statutory or otherwise, including, without limitation, Warranties of Title, Merchantability, Fitness for a Particular Purpose, or non-infringement. Semper does not warrant that the functions or content contained in its Website will be uninterrupted or error-free, that defects will be corrected, or that Semper’s servers are free of viruses or other harmful components. Semper does not warrant or make any representation regarding Website content in terms of accuracy, reliability, or otherwise.
- Links; Third Party Websites and Content: The Website may contain links to websites not controlled by Semper (“Third Party Websites”), as well as content belonging to or originating from persons or organizations other than Semper (“Third Party Content”). You acknowledge that Semper (i) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (ii) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (iii) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (iv) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
- Privacy: Website users and Campaign Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address (“Personal Information”) may be collected, processed, stored and otherwise used by Semper, or any party authorized by them for the purposes of conducting and administering the Website or the Campaign. Semper and its agents, affiliates, subsidiaries, representatives or service providers may use Participants’ and/or nominees’ personal information submitted with entry for purposes of request fulfillment only. We will not use the information to send marketing materials, such as to notify them of a product or promotion that Sponsor thinks may be of interest. This Personal Information may also be used by Semper or any party authorized by them to verify a Campaign Participant’s identity, postal address and telephone number in the event a Participant’s submission is selected. Participants further agree that their Personal Information may be used to administer the Campaign or fulfill additional terms of the Campaign, as well as to contact you about the Campaign.
This Personal Information may also be shared by Semper or any party authorized by them with any third-party for the purposes of fulfilling the terms of the Campaign or another service that you have requested, to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on Semper, and to protect and defend Semper’s rights or property.
- In Case of Disputes: By using this Website, you agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with your use of the Website or participation in the Campaign, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with using the Website or participating in the Campaign, and in no event will you be entitled to receive attorneys’ fees or any other legal costs; and (iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and 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; and (iv) that exclusive jurisdiction for any dispute, claim, or demand related in any way to your use of the Website or participation in the Campaign will be decided by binding arbitration. All disputes between you and Semper of whatsoever kind or nature arising out of this Agreement, your use of the Website or participation in the Campaign, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Los Angeles, California, area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Campaign Participants or Semper in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
- Contact: Any questions, complaints or queries about this Agreement can be sent to:
Semper Solaris, Inc
1805 John Towers Avenue
El Cajon, CA 92020.
Copyright ©2018 Semper Solaris, Inc.