THE WEEK JUNIOR – COTTON T-SHIRT DESIGN CONTEST
NO PURCHASE OR SUBSCRIPTION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. MANY WILL ENTER. FEW WILL WIN.
1. ENTRY PERIOD AND SPONSOR
The Week Junior – Cotton T-Shirt Design Contest (the “Contest”) entry period (the “Contest Entry Period”) begins at 12:00:01 a.m. Eastern Time (“ET”) on October 22, 2021 and ends at 11:59:59 p.m. ET on December 3, 2021. The Sponsor of the Contest is The Week Junior, a division of Dennis Media, its designees, and assignees (collectively, the “Sponsor”). Sponsor’s computer is the official time-keeping device for this Contest.
The Contest is open to legal residents of the 48 contiguous United States and the District of Columbia who are 8-14 years of age as of the date of entry and are not considered professional artists or designers. Eligible minors may only participate in the Contest with the express written permission (i.e., the signed Entry Form) of their parent or legal guardian. For the purpose of these official rules (“Official Rules”), an eligible minor who designs a t-shirt as outlined below, and whose parent or legal guardian submits an Entry Form in accordance with these rules, will be referred to herein collectively as an “Entrant.” Void where prohibited by law. Employees of Sponsor, Cotton Incorporated (“Cotton”), and their respective promotional partners, and their respective parents, affiliates and subsidiaries, participating advertising and promotion agencies (and members of their immediate family and/or those living in the same household of each such employee) are not eligible to enter. Immediate family members include siblings, grandparents, offspring, aunts, uncles, and first cousins.
3. HOW TO ENTER
To enter the Contest, with a parent or legal guardian’s permission, during the Contest Entry Period, Entrants must: (a) design a t-shirt inspired by Cotton’s Blue Jeans Go Green™ denim recycling initiative. The design should represent Entrant’s idea on how denim, cotton, and other items could be reused or recycled to help the planet; (b) have the Entrant’s parent or legal guardian complete an entry form including the parent/guardian consent, accessible at www.theweekjunior.com/cotton or in the printed advertorial (“Entry Form), by providing Entrant’s name, address, age, and other information requested; (c) print the Entry Form (if applicable) and Entrant’s parent or legal guardian must provide his/her contact information and handwritten signature where indicated; and (d) Entrant’s parent or legal guardian must then email a PDF of the completed and signed Entry Form and the t-shirt design to firstname.lastname@example.org (the “Entry”). All design submissions must consist of original content created only by the Entrant for purposes of this Contest.
Uploaded Entry Forms and designs must be scanned in and submitted as an attachment via email as instructed in one of the designated highest possible resolution electronic formats:
Designs may be in black and white or color or any combination thereof.
Entries must be received by Sponsor at the email address listed above by 11:59:59 p.m. ET on December 3, 2021 to be considered. Entrants and/or their parents or legal guardians do not have to be a The Week Junior subscriber to enter. Limit one (1) Entry per person. Entries are subject to the Official Rules outlined herein.
Entries must: (a) be the original work product of Entrant; (b) be solely owned by Entrant and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. Entrant shall not directly or indirectly include any trademark, logo, or intellectual property in his/her Entry in any way unless owned exclusively by Entrant. By submitting an Entry, Entrant’s parent or guardian represents Entrant’s compliance with these terms.
Sponsor may reject any Entry in its sole discretion if the Entry, in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor, Cotton, or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other Entry or third-party works. Sponsor reserves the right in its sole discretion to disqualify any Entry that is a duplicate or substantially similar to another Entry, and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules.
4. JUDGING CRITERIA
All eligible Entries will be reviewed and judged by one The Week Junior editor and one Cotton employee. Eligible Entrants will be divided into three (3) distinct Entry pools (each, an “Entry Pool”). Entry Pool One shall be comprised of all eligible Entries submitted by Entrants aged 8-9 years of age at the time of entry. Entry Pool Two shall be comprised of all eligible Entries submitted by Entrants aged 10-11 years of age at the time of entry. Entry Pool Three shall be comprised on all eligible Entries submitted by Entrants aged 12-14.
Judging will be based on the following criteria:
i. Creativity (33.3%)
ii. Recycling (How well the design is related to the need to recycle) (33.3%)
iii. Execution (33.3%)
The one (1) eligible Entry with the highest cumulative scores in each Entry Pool will be deemed a potential winner (“Potential Winner(s)”). In the event of a tie, the Entry with the highest “Creativity” score will be deemed the Winner. Decisions of judges are made in their sole discretion and are final and binding. Parents/legal guardians of the Potential Winners will be notified on or around the week of January 16, 2022 and must complete the requirements set forth below in the timeframe set forth below in order to be confirmed as a winner(s) (“Winner(s)”).
5. REQUIREMENTS OF POTENTIAL WINNER
The parents or legal guardians of Potential Winners, as a condition of being a Winner, will be required to sign and return an Affidavit of Eligibility, a Parental Consent allowing Sponsor and Cotton to contact the Potential Winner and his or her parent or guardian to collect such additional information as necessary to publish the Potential Winner’s entry in The Week Junior and to print the Potential Winner’s entry on a limited edition Cotton t-shirt, a License but not the obligation to include the winning Entry(ies), in whole or in part, in one of the February 2022 editions of The Week Junior, a License but not the obligation for Cotton to include the winning Entry(ies), in whole or in part, on custom-produced “Cotton” t-shirts for distribution by Cotton in its sole discretion, a Liability Release, a Publicity Release (where legally permissible), and any other affidavits, declarations, and/or releases or additional documents that may be required by Sponsor (collectively, the “Additional Documents”) within ten (10) days following the date of Sponsor’s first attempted notification. The Additional Documents may include, among other things, certification that: (a) the Entry does not defame or invade the privacy of any party; (b) the Entry does not infringe upon the rights of any third party; and (c) the Entry is original. Failure to comply with this three (3) day deadline may result in disqualification of the Potential Winner. Sponsor’s failure to reach the Potential Winner’s parents or legal guardians within three (3) days after first attempted notification and return of any notification as undeliverable may, in Sponsor’s sole discretion, also result in disqualification. If a Potential Winner is disqualified, the Entrant with the next highest score in the same Entry Pool, as judged by the judges according to the judging criteria described above and applying the tie-breaker process set forth above if required, will be deemed the Potential Winner, subject to the same requirements set forth in these Rules.
Winners are not, by their participation, guaranteed to have their Entry published by Sponsor or printed on a t-shirt by Cotton. Incomplete and/or ineligible Entries or submissions not complying with all rules are subject to disqualification. The parents/legal guardians of the selected Potential Winners will be notified by telephone and/or e-mail. Sponsor shall have no liability for any Entrant whose selection notification is lost, intercepted, or not received by the Potential Winner’s parent or legal guardian for any reason.
6. CONDITIONS OF PARTICIPATION
By entering, each Entrant and Entrant’s parent or legal guardian agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor, Cotton, and their respective parents, subsidiaries and affiliated companies, and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Entry, creation of an Entry, submission of an Entry, participation in the Contest, acceptance /or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest.
Nothing in these Official Rules shall obligate Sponsor or Cotton to publish or otherwise use any Entry submitted in connection with this Contest. All federal, state, and local laws and regulations apply. Entrants and their parents or legal guardians agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.
Infringing or non-qualified Entries, or acts that Sponsor becomes aware of that may result in liability to Sponsor, Cotton, and/or third parties may render the Entrant ineligible or disqualified. Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any Entrant if such Entrant either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence that the Sponsor deems likely to subject the Sponsor, Cotton, or Entrant to ridicule, scandal, or contempt, or which reflects unfavorably upon the Sponsor or Cotton in any way, including any alleged claim of a violation of third party rights. If such information is discovered by Sponsor after an Entrant of his/her selection as a Potential Winner, Sponsor may rescind such selection. Decisions of the Sponsor are final and binding in all matters related to this paragraph. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Potential Winners or Winners.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual, including Entrants and/or their parents or legal guardians, it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Entrant or Entrant’s parent or legal guardian, the authorized account holder of the email address used to enter the Contest will be deemed to be the Entrant (or the Entrant’s parent or guardian, as the case may be). 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. Potential Winners or their parents or guardians may be required to show proof of being the authorized account holder to be eligible. Entries and Entry information will not be acknowledged or returned.
By entering, Entrant and Entrant’s parent or legal guardian grants to Sponsor and Cotton a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish, modify, create derivative works of, publicly display, at any time in the future and otherwise use Entrant’s Entry, along with Entrant’s first name and last name initials, likeness, biographical information and any other information provided by Entrant, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice, or compensation (except where prohibited by law). Without limitation, Entrant and Entrant’s parent or legal guardian grants Sponsor and Cotton a royalty free, worldwide license, but not the obligation, to use, modify, reproduce, distribute, create derivative works of, publicly display, and post the Entry of each Entrant, in whole or in part, to Sponsor’s and Cotton’s website, social media platforms, and marketing materials, to publish the Entry, in whole or in part, in The Week Junior publication, and to print the Entry, in whole or in part, on t-shirts for distribution by Cotton.
8. DISPUTES AND GOVERNING LAW:
Except where prohibited by law, as a condition of participating in this Contest, each Entrant and each Entrant’s parent or guardian agrees that: (1) any and all disputes and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant’s parent or legal guardian; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant or any parent or guardian of any Entrant be permitted to obtain awards for, and Entrant and his or her parent or guardian hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s and his or her parent’s or guardian’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Entrant and his or her parent or guardian further waives all rights to have damages multiplied or increased. Entrants and their parents and guardians further agree that any and all disputes, claims and causes of action arising out of or connected with this Contest, including the use of any Entry, shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, his or her parent or guardian, Sponsor, and Cotton in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant and his or her parent or guardian agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant or his or her parent or guardian be permitted to obtain any award for, and Entrant and his or her parent or guardian hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant or Entrant’s parent or legal guardian, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) lost, late, misplaced, or postage due mail or deliveries, (d) unauthorized human intervention in any part of the entry process or the Contest; (e) technical or human error, which may occur in the administration of the Contest or the processing of Entries; or (f) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant and Entrant’s parent or legal guardian’s sole remedy is another Entry in the Contest during the Entry Period. No more than the stated number of Entries will be selected as Winners. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserve the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to choose the Potential Winners from among all eligible, non-suspect Entries received as of the date/time of termination.
BY ENTERING THE CONTEST, ENTRANT AND ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR ENTRANT’S PARENT OR LEGAL GUARDIAN BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT AND ENTRANT’S PARENT OR LEGAL GUARDIAN HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH ENTRANT AND ENTRANT’S PARENT OR LEGAL GUARDIAN UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
If any provision of these rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
11. USE OF DATA
12. WINNERS LIST
For the initials and geographical vicinity of selected Winners, send a request along with a self-addressed, stamped return envelope to The Week Junior Cotton Contest Winners, 155 E. 44th St, 22nd Floor, New York, NY 10017.
The Sponsor of this Contest is DENNIS MEDIA and its division named THE WEEK JUNIOR (155 E. 44th Street, 22nd Floor, New York, NY 10017).
NO PURCHASE NECESSARY. MANY WILL ENTER, FEW WILL WIN. Void where prohibited. Open to legal residents of 48 contiguous United States and D.C. 8-14 years old with parent/guardian consent. Ends on 12/03/21 at 11:59pm ET. Subject to Official Rules at https://theweekjunior.com/terms. Sponsor: The Week Junior, a division of Dennis Media, its designees, and assignees, 155 East 44th Street, 22nd Floor, New York, NY 10017.
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PURCHASE OF PRODUCTS FROM THESE SERVICES
The purchase of any products from these Services is governed by the terms and conditions of the sales transaction with the provider of the product. WE MAKE NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not have any responsibility for the processing or delivery of products purchased from these Services.
LINKED SITES AND SERVICES
The Services may contain links and pointers to Internet sites or mobile applications maintained and owned by others ("Third Party Sites"). The appearance of a link does not imply our endorsement. We have not reviewed all of the Third Party Sites linked to these Services and are not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster
LINKING TO THESE SERVICES
You agree that if you include a link from any other web site to these Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of these Services. You are not permitted to link directly to any image hosted on these Services or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on these Services on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to these Services in any manner such that these Services, or any portion of these Services, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to these Services be discontinued, and to revoke your right to link to these Services from any other web site at any time upon written notice to you.
We may license our trademarks, including but not limited to “The Week Junior” to others for use on goods and services ("Third Party Licensees"). The appearance of the brand on these products and services does not mean that these are our products or services. We make no warranty of Third Party Licensee products or services. They are products and services offered and sold by independent companies that qualify as Third Party Licensees. We are not responsible for these products or services. You purchase and use them at your own sole risk, and you should direct any concerns regarding any Third Party Licensee products or services to the appropriate Third Party Licensee company. If you have any questions about the contact information of the Third Party Licensee, we will provide contact information from our files for your assistance.
These Services are controlled and operated by from our headquarters in New York City, New York, United States of America. We make no representation that materials on these Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in these Services, constitute the entire agreement between you and us in connection with your access and use of these Services.
We may, in our sole discretion, terminate or suspend your access to all or part of these Services for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from these Services and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use these Services, and the restrictions imposed on you with respect to materials downloaded from these Services and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained in these Services, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using these Services.
THE MATERIALS IN THESE SERVICES AND ANY AND ALL DOWNLOADABLE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESE SERVICES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SERVICES AND ANY AFFILIATED WEB SITE OR SERVICES WITH WHICH IT IS LINKED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THESE SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You hereby agree to indemnify, defend and hold us and our affiliates, officers, directors, managing agents, and employees (“Indemnified Parties”) harmless from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by us and/or the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in these Services. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at our sole discretion and for any reason, we may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of these Services, that you have granted (or warranted that the owner of such rights has expressly granted) to us a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against us and/or any of the Indemnified Parties that arises from our exercise of our rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of these Services, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse us and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated:
a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that we in its sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any or our representatives or agents.
c. You shall notify us at https://theweekjunior.com/contactus of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your theweek.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
SOFTWARE AVAILABLE ON THESE SERVICES
Any software that is made available to download from these Services, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A guest to these Services will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. WE MAKE NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION
We have a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If we remove material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the site or services of any guests who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
By email: email@example.com
The Week Junior Publications, Inc.
155 E 44th St, 22nd Floor
New York, NY 10017
Tel: (646) 717-9500
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material that we have removed.
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Send the Counter Notification to the following address:
By email: firstname.lastname@example.org
The Week Junior Publications, Inc.
155 E 44th St, 22nd Floor
New York, NY 10017