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Legal

APPLICANT’S RIGHTS:

By submitting the online application – Applicants agree to these terms and conditions. Each “Applicant” will retain all rights to any information and photographs submitted — including ownership if applicable. Applicants grant the National “Manager of the Year” (MOTY) contest rights (as described below) to use the following: your name, photo of self, company name, years with the company, state of residence, photo essay, video bio, and letters of recommendation (from here on out referred to as “personal information”) if you are chosen by the competition as a Stage I Finalist, Top 6 Finalist, and/or Award Winner.

You grant MOTY a royalty-free, nonexclusive right, in perpetuity, to:

  • Use, in connection with the contest, your personal information in promotions and other publications.
  • Use personal information and photograph on the Internet in support of our mission.
  • Use the personal information in MOTY’s non-commercial communications.
  • Provide your personal information and photograph to other individuals and organizations for non-commercial use in news stories, press releases, newsletters, reports, slide shows, displays, web pages, and the like.
  • Keep the files provided, and to archive the images on CD or in other electronic forms, so that your photos can be used to support our mission and be properly credited.
  • As conditions of this permission, MOTY shall photo credit all photographs with the person’s name when possible.

By submitting content and images to the MOTY Contest, Applicants agree to indemnify, defend and hold harmless MOTY, its respective Sponsors, affiliates, directors, partners, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the contest  (collectively, “Losses”), including without limitation any third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. The MOTY contest is void where prohibited by law.

You agree that any and all disputes that cannot be resolved with MOTY, and causes of action arising out of or connected with the contest shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Calabasas, California which shall apply the laws of California without regard for rules of conflicts of law. IN ANY SUCH DISPUTE, APPLICANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, OR ANY DAMAGES OTHER THAN PARTICIPANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN NATURAL SELECTION. YOU HEREBY WAIVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. The MOTY contest and MOTY website are provided “as is” without warranty of any kind, either expressed or implied.

MOTY is not responsible for any incorrect or inaccurate information, whether caused by Applicant, site users or by any equipment or programming associated with or utilized in the contest, or by any technical or human error that may occur in the processing of submissions to the contest, including but not limited to any misprints or typographical errors. MOTY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. MOTY is not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to Applicants or to any other person’s computer related to or resulting from participating or uploading images or information in the contest.

If, for any reason, the contest is not capable of completion as planned due to causes beyond the control of MOTY that corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest , MOTY reserves the right at their sole discretion to cancel, terminate, modify or suspend the contest.

Winners of the “Manager of the Year” Contest cannot participate in any future contests after winning.