Welcome to the website for this mission! This mission and website are provided and managed by JoinYourExperience, Inc. These Terms of Service (the "Terms") are a binding legal agreement between you and JoinYourExperience, Inc. ("JoinYourExperience" or "we"), regarding your participation in a mission and your use of any other services available at this website or at JoinYourExperience.com (the websites and services are collectively referred to as the "Service"). Please read these Terms carefully. In addition, when using certain features of the Service, you also may be subject to the guidelines, terms, and agreements applicable to such features, including promotion terms and conditions ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.
We may periodically make changes to these Terms. By downloading and installing the application or accessing or using the Service, you accept these Terms and any modifications that we may make to these Terms. Although we may attempt to notify you when major changes are made to these Terms, it is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Service.
- The Service
JoinYourExperience’s Service provides registered users the opportunity to participate in interactive campaigns, contests, or promotions ("Missions") that are built around content submitted by registered users ("Entries"). Missions are fun, spontaneous, and interactive. By choosing to participate in a Mission, you can show your creative spark! Your Entry may consist of photographs, video, or written material, as may be further defined in a specific Mission’s guidelines and must fulfill the Mission assignment. Entries must be appropriate for viewing by the general public and must comply with any posted JoinYourExperience community guidelines; appropriateness will be determined by JoinYourExperience or our sponsoring partners. A Mission is void wherever prohibited or where registration or bonding is required, and is subject to all federal, state and local laws.
- Voting, Mission Winners, and Notifications
Once you have submitted your Entry, tell your friends about it and encourage them to come vote on the Mission page on the Service or the Mission sponsor’s site. Registered users may vote once a day, every day, for the duration of the Mission. You must also be a registered user in order to comment on Entries. So, be sure to visit the Mission summary on the Service or the Mission sponsor’s web site every day to see where you stand versus the competition. Winners will be determined by the number of votes an Entry received during the Mission period, as calculated by JoinYourExperience, or as otherwise described in a Mission’s guidelines. Your use of multiple email addresses to vote is prohibited. Ties in votes among winners will be broken based on which entry was the first submitted.
By participating in a Mission, you agree to any official rules of the Mission and the determination of the each winner by JoinYourExperience or our partners, which will be final and binding in all respects (including as to the interpretation and counting of public votes). Winners are chosen on the basis of the votes received by at the conclusion of the Mission. The length of a Mission may be based on either a specific time period or a maximum number of Entries. Once a Mission is completed, we may choose to block further Entries; however, we may allow a 24 hour grace period to receive new Entries and to allow registered users to vote. Winners will be notified by email message to the email address submitted in connection with account registration. If the Mission sponsor is providing a prize, give-away, or other promotion for that Mission, the email will include instructions on how to claim the prize from the sponsor. If you win a Mission, you agree that we may use your name, biographical information, and likeness as provided by you in your account settings on the Service without further compensation, except where prohibited by law and as otherwise provided in these Terms. No information regarding judging will necessarily be disclosed.
Any notification returned as undeliverable may result in disqualification. Prizes are not transferable; no substitutions or cash equivalents are allowed except by JoinYourExperience and our partners who reserve the right to award a prize of equal or greater value if an advertised prize is unavailable. Winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Assignment of Rights/Publicity Releases (where legal) within 21 days of notification attempt, and if a winner fails to return this by the deadline, the prize will be forfeited and an alternate winner determined, based on the criteria set forth above. Taxes, if any, related to any prize, are the responsibility of the winners. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize. All other expenses and costs not expressly listed above are the winners’ sole responsibility.
- Mission Rules
In the event of a dispute regarding any Entry, that Entry will be deemed made by the authorized holder of the primary email address associated with the Entry at the time of the Entry submission. Return of any prize or prize notification as undeliverable, or failure to redeem a prize within the period specified in the prize notification, may result in disqualification and alternate determination. By participating in a Mission, you agree to be bound by any official rules of the Mission and the decisions of JoinYourExperience or our partners. JoinYourExperience and our partners are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by any user or by any of the equipment or programming associated with or utilized in a Mission or by any human error which may occur in the processing of the online entries in a Mission. JoinYourExperience and our partners reserve the right at our sole discretion to disqualify you if you tamper or attempt to tamper with the Entry process or the operation of a Mission or the Service; violate any official rules of the Mission or these Terms; or act in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by you to deliberately undermine the legitimate operation of a Mission may be a violation of criminal and civil law, and, should such an attempt be made, JoinYourExperience and our partners reserve the right to seek damages from any such person and you to the fullest extent permitted by law. JoinYourExperience and our partners reserve the right, at our sole discretion, to cancel, terminate, modify or suspend a Mission if we are not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of JoinYourExperience and our partners and award the prize from among all eligible online Entries received prior to cancellation. JoinYourExperience and our partners and each of JoinYourExperience’s respective affiliates, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in a Mission or the prize awarded. Each winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in a Mission or use or redemption of any prize.
You agree that JoinYourExperience and our partners have the right to verify the ownership and originality of all Entries and that, upon JoinYourExperience or our partners’ request, you must submit a written copy of any release or permission you have received from a third party granting you the right to use such property. You understand and acknowledge that in the event a submission is selected as a winning Entry, and your ownership, rights and the originality of the Entry cannot be verified to the satisfaction of JoinYourExperience or our partners or is in any other way ineligible, JoinYourExperience and our partners may select an alternate winner based on the same judging criteria.
JoinYourExperience AND ITS AGENTS ARE NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, MISDIRECTED, ILLEGIBLE, INCOMPLETE, OR MUTILATED ENTRIES, OR FOR ANY COMPUTER, ONLINE, TELEPHONE OR TECHNICAL MALFUNCTIONS, DELAYS OR HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR FOR ENTRIES THAT ARE STOLEN, MISDIRECTED, GARBLED, LOST OR DELAYED BY COMPUTER TRANSMISSIONS, OR IF FOR ANY REASON, A MISSION IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF JoinYourExperience. JoinYourExperience IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY INFORMATION WHETHER CAUSED BY INTERNET USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN A MISSION OR BY ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN A MISSION.
- Mission Winners List
A list of winners will be posted on the Service for a period of time beginning on or about the date the Mission ends. To request the names of the winners, you may, on the date that the Mission ends, send a self-addressed, stamped envelope making such request to JoinYourExperience at JoinYourExperience, Inc. ATTN: Winners List, 925 Oenoke Ridge, New Canaan, CT 06840. Vermont and Washington residents may omit return postage.
You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Services are not intended for those under the age of 18.
- Account Registration
- Use Restrictions
You will not: (a) use the Service for any commercial purpose (unless you have entered into a separate agreement with JoinYourExperience expressly permitting commercial use); (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service for any purpose without our express written permission; (f) "frame," "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization, except as expressly enabled by a feature of the Service; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
- Interactive Services
The Service may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, photographs, ratings or reviews, Entries, and other content on the Service ("Interactive Services"). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
- Material that is obscene, defamatory, libelous, threatening, pornographic, harassing, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
- Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
- Comments that in any way refer to persons under 18 years of age, images of any persons under 18 years of age or the age of majority in their state or region, or images of any person who have not provided authorization;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Material that, in our sole judgment of, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to screen, remove, edit, or block any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post any Entry or other material on or through the Service, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable (including to Mission sponsors or partners) right to use, reprint, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply, including any Entry, does not violate these Terms or any laws or regulations, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties; and (d) warrant that the Entry and materials and information provided do not contain information considered by you or any other third party to be confidential. As between you and JoinYourExperience, you continue to own any material you post on or through the Service.
If the Entry or information or materials provided by you contains any material or elements that are not owned by you or which are subject to the rights of third parties, you represent that you have obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by JoinYourExperience and our partners in the manner set forth in any official rules of the Mission without additional compensation.
- Modifications to the Service
JoinYourExperience reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. JoinYourExperience and our partners also reserve the right at our sole discretion to cancel, terminate, modify, or suspend a Mission. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service or any Mission.
- Term and Termination
Your account remains in effect unless you cancel it by emailing JoinYourExperience or unless JoinYourExperience terminates your account as provided by these Terms. To terminate your account, please email JoinYourExperience at firstname.lastname@example.org. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email, postal mail, or other submissions to us (but excluding material that you post to the Service, which is addressed in Section 9 of these Terms) (collectively "Submissions"), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Submissions for any purpose without compensation or attribution to you.
- Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
11 rue de Bitbourg, L-1273 Hamm
JoinYourExperience, the JoinYourExperience logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of JoinYourExperience and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
- Third-Party Content
We may email or provide you coupons, offers, and other special offers from third parties (collectively "Promotions"). JoinYourExperience is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).
The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless JoinYourExperience, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to use of the Entry, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
- Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL MISSIONS AND OTHER CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JoinYourExperience AND ITS PARTNERS, SUPPLIERS, LICENSORS, AND SPONSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. JoinYourExperience DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY MISSION OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING JoinYourExperience THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
NEITHER JoinYourExperience NOR ITS PARTNERS, SUPPLIERS, LICENSORS, OR SPONSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF JoinYourExperience OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF JoinYourExperience AND ITS PARTNERS, SUPPLIERS, LICENSORS, AND SPONSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Consent to Electronic Communications; Service Provider Fees
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
- General Legal Notices
Our or our partners’ failure to act in a particular circumstance, including a failure to enforce any term of an official rule of a Mission, does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Connecticut, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Fairfield County, Connecticut and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms and any additional terms and conditions accepted by you when registering for a specific Service constitute the entire agreement between you and JoinYourExperience concerning the Service. These Terms supersede all prior agreements or communications between you and JoinYourExperience regarding the subject matter of these Terms.
- Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact JoinYourExperience through our website by email@example.com or write us at:
11 rue de Bitbourg, L-1273 Hamm