Eligibility to Participate. One Mission will not knowingly allow a child under the age of 18 to participate in a virtual Buzz Off without parental consent. By registering to participate in a Buzz Off you represent and warrant that (i) if you are registering yourself to participate, you are at least 18 years of age, or (ii) if you are registering a child under the age of 18, you are the parent or guardian of the child and have authority to consent to the child’s participation and use of the child’s image in video content, as contemplated herein. If you are using a Zoom account to participate in a Buzz Off, you represent and warrant that (iii) you are using your own Zoom account to participate and you are in compliance with Zoom’s Terms of Service, and (iv) to the extent you are allowing a child to use your Zoom account, you are supervising such use.
Fundraising Agreement. You understand that all donations are non-refundable and that the money you raise will go to helping children and their families fighting cancer at partner hospitals/organizations. You also understand that the registration fee of $35 is non-refundable.
Participant Liability Agreement. You understand that shaving your head may expose you to risks such as, but not limited to, nicks and cuts, and as a result, possible infection. In consideration of being registered as an entrant and allowed to participate in a Buzz Off, you hereby, for yourself and your heirs, executors and administrators, release and discharge One Mission, Inc. and all sponsoring businesses and organizations (together, the “Releasees”), and the respective employees, directors, trustees, officers, agents, volunteers, independent contractors, and officials of the Releasees from all claims, damages and rights of action, present and future, that may arise out of, or be incident to, a Buzz Off. You certify that it is your responsibility to dress appropriately and protect your head from the sun after you shave.
Event Host Liability Agreement. You understand that One Mission does not endorse or support any activities that include: alcohol; aircraft; motorized vehicles; fireworks; firearms; contact sports; any other inherently dangerous activities that may cause injury to its participants; or any activities, communications or publications that are illicit or illegal in nature. If you conduct a fundraising event on behalf of One Mission, you acknowledge and agree that One Mission has no control over the event, or management responsibilities for such event, and, therefore, cannot and will not be held responsible or liable to any bodily injury, personal injury, advertising injury, property damage, economic damage and/or reputational damage that may occur as a result of such fundraising event and/or activities associated with or incidental to such event (such injury or damages, including claims for such injury or damages, “Losses”). By sponsoring, holding and/or managing a fundraiser to benefit One Mission, you accept all responsibility and liability for all claims of Losses and agree to defend, indemnify and hold harmless One Mission, its directors, officers, employees, independent contractors and agents from and against all claims and Losses.
Event Host Guidelines. You agree to adhere to all of the following guidelines if hosting a fundraising event on behalf of One Mission: (i) the event will represent One Mission and the Buzz Off in a positive light; (ii) online fundraising must be done through the buzzforkids.org website; (iii) use of the One Mission and Buzz Off logos must be approved in advance by One Mission; (iv) funds raised from the event must be submitted to One Mission within forty-five (45) days of the event date; and (v) raffles are NOT PERMITTED, however, the event host may conduct an opportunity drawing (a.k.a. sweepstakes) if the proper regulations are followed. Opportunity Drawing Conduct & Disclosure Guidelines can be found in the Fundraising Center on the buzzforkids.org website.
Photography, Videography, and Media. You hereby consent to the use of your name and/or picture and/or video images in any broadcast, photography, print publication, web, video or other accounts of One Mission, for promotional and all other purposes, in perpetuity, globally, for all media distribution channels both present and future. You also consent to recording and/or live streaming and/or rebroadcasting of any Buzz Off event.
Your Submitted Content. To participate in a Buzz Off event, you may submit photographs, videos, comments, text, images and other information in connection with participating (“User Content”). By submitting User Content for participation in a Buzz Off event, you grant One Mission the right to use, copy, reformat, index, modify, display, and distribute your User Content for all purposes in connection with our mission, including use of your User Content on our website and to live stream through social media for promotional and all other purposes germane to One Mission. No compensation will be paid with respect to One Mission’s use of your User Content under this grant.
Rights/Permissions You Must Have in Your Submitted Content; Additional Requirements for User Content. In submitting User Content, you represent and warrant that (i) you have sufficient authority and rights to post such Content, and provide the use rights granted above and that your User Content will not infringe upon, violate or otherwise conflict with any third party rights; (ii) by posting the User Content, you have not breached and will not be in breach of any agreement you have entered into with any third party; (iii) the User Content you post will be in compliance with all applicable laws; and (iv) and that either (a) no consent by the persons depicted in your User Content is required, or (b) each person depicted in images, videos or identified in text in your User Content (if any), has provided you with consent (“Photo Subject Consent”) to use the User Content as set forth in these Terms.
We ask for you to obtain Photo Subject Consent because (A) as the creator of the User Content, you are better able to identify who the subjects of your User Content are, whether Photo Subject Consent is necessary, who needs to provide the Photo Subject Consent, and obtain the requisite Photo Subject Consent; and (B) other business reasons, including without limitation the volume of Content hosted by One Mission, make it more feasible for the individual Users to obtain any requisite Photo Subject Consents.
By way of examples and not limitation:
- Photographs and videos in your User Content should not include any individuals for which you have not obtained Photo Subject Consent.
- Photographs and videos in your User Content should not display any trademarks or copyrights (or otherwise violate the intellectual property rights) owned by third parties unless you have the prior written consent of the owner of the trademark/copyright.
Photo Subject Take Down Requests. One Mission does not endorse any User Content submitted by any person, and One Mission expressly disclaims any and all liability in connection with User Content. Due to the nature of User Content, images of third parties may be captured in public settings where it is not feasible for the videographer/photographer to obtain the consent of all subjects depicted in such User Content. Third parties who believe they are harmed by User Content uploaded or posted on the One Mission website, Facebook page or other social media account (“Photo Subject Requesters”) may contact us and request that the particular User Content be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular User Content in question for One Mission to identify the User Content, including (i) the URL(s) at which the User Content is posted, (ii) the name of the person who posted/provided the User Content (if available), and (iii) the name/title of the User Content, if any. One Mission will respond to reasonable Take Down Requests in its sole discretion.
TAKE DOWN OF THE USER CONTENT IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
Communication Policy. By registering for a Buzz Off, you acknowledge and agree that One Mission will use your information, including your e-mail address, to send information, updates, promotional activities, and other communications in connection with the Event. You may at any time opt-out of receiving promotional communications by following the unsubscribe instructions that appear in these e-mail communications, or by contacting One Mission directly at info@onemission.org to opt-out of direct marketing. You understand that you may not be able to opt-out of receiving certain service or transactional messages from One Mission, including legal notices and communications pertaining to your registration or participation in the Event.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ONE MISSION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR PARTICIPATION IN A BUZZ OFF EVENT OR YOUR INCLUSION IN ANY BUZZ OFF VIDEO OR SUBMISSION OF ANY USER CONTENT.
Indemnity. You agree to defend, indemnify, and hold One Mission and its officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms. In the event that third parties believe they are harmed by your User Content, and such User Content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image in Content without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold One Mission harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. One Mission shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
