“The Mario Mosaic”
Terms & Conditions
By submitting a photograph to the Mario Lemieux Foundation’s (“MLF”) Mario Mosaic (“Fundraiser”), entrants accept and agree to be bound by these Terms and Conditions. Any violation of these Terms and Conditions may result in disqualification.
1. FUNDRAISER PERIOD. Fundraiser begins at 12:01 PM ET on 8/22/18 and ends at 11:59 PM ET on 10/16/18, when all photographs must be received (“Fundraiser Period”). You must be 18 years of age or older to submit a photograph for the Fundraiser (for the avoidance of doubt, the persons appearing in the photos do not have to be 18, provided the photograph otherwise complies with these Terms and Conditions).
2. HOW TO SUBMIT A PHOTO. Visit www.mariolemieux.org during the Fundraiser Period and follow the instructions to complete and submit a photograph. A donation of $66.00 will entitle entrant to submit one (1) photo. Under no circumstance will MLF refund a donation once received. You must upload a photo and description as instructed (“Submission”). Entrants represent and warrant that their Submission is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Entrant must have permission from all individuals, including the parents or legal guardian of anyone under the age of 18, that appear in the Submission (if any) to use their name and likeness in each photo and to grant the rights set forth herein. If requested by MLF, entrant must be able to provide such permissions in a form acceptable to MLF. There is no limit to the number of donations and unique entries an entrant may submit throughout the Fundraiser Period.
3. PHOTO GUIDELINES. By uploading a photo, you agree that each photo conforms to these Terms and Conditions and that MLF may disqualify and not utilize any of your photos if they fail to conform to these Terms and Conditions, as determined by MLF in its sole discretion. The decisions of MLF regarding the Submissions are final in all respects. If MLF rejects any photo for non-compliance with these Terms and Conditions, entrant will have an opportunity to submit an alternative photo(s). Under no circumstance will MLF refund a donation.
Any Submission that does not comply with the foregoing, or is otherwise deemed by MLF to be inappropriate, will be disqualified from participation in the Fundraiser by MLF, in its sole discretion.
4. OWNERSHIP AND LICENSE. All entry materials become the property of MLF and will not be acknowledged or returned. By uploading a photo, entrant irrevocably grants to MLF a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, add to, publish, create derivative works from, and display a Submission, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. MLF, and/or others authorized by MLF, shall have the right to edit, adapt, and modify the Submission.
5. CONSENT AND RELEASE. By entering the Fundraiser, each entrant releases and discharges MLF, and any other party associated with the development or administration of this Fundraiser, the affiliated entities of each, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “MLF Entities”), from any and all liability whatsoever for any injuries, losses, harm, damage (including without limitation, property damage, personal injury and death), claims (including without limitation, claims based on rights of publicity or privacy, defamation, and portrayal in a false light), actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) (collectively, “Claims”), arising directly or indirectly from or in connection with this Fundraiser, entrant’s participation in the Fundraiser and the Submission.
6. INDEMNIFICATION. By entering the Fundraiser, all entrants agree to release, hold harmless and indemnify MLF Entities from and against any and all Claims arising directly or indirectly from or in connection entrant’s participation in the Fundraiser and the Submission.
7. DISCLAIMERS. (i) Photographs that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Administrator’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized 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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) MLF in its sole discretion, reserves the right to disqualify any person tampering with the submission process or the operation of the web site. Use of bots or other automated process to submit material is prohibited and may result in disqualification at the sole discretion of MLF. (iii) MLF further reserves the right to cancel, terminate or modify the Fundraiser if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) MLF Entities are not responsible for errors in the administration or fulfillment of this Fundraiser, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Fundraiser based upon such error at its sole discretion without liability. (v) MLF ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS FUNDRAISER OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY COMPONENT OF ANY SUBMISSION. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS FUNDRAISER MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. APPLICABLE LAWS AND JURISDICTION. This Fundraiser is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by the laws of the Commonwealth of Pennsylvania. All disputes arising out of or connected with this Fundraiser will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Fundraiser and shall not include any indirect, punitive, incidental and/or consequential damages.
9. ADMINISTRATOR. The administrator of this fundraiser is Mario Lemieux Foundation, located at
Two Chatham Center, Suite 1661, 112 Washington Place, Pittsburgh, PA 15219.