SOUTH CAROLINA FAN PHOTO MOSAIC/PROMOTION
MEDIA CONSENT AND RELEASE
You agree to allow the University of South Carolina, its subsidiaries, affiliates, and respective agents, employees and officers, and associated advertising and promotion agencies ("University of South Carolina") the right to use your name, likeness, image and contents in association with the Carolina Forever("Promotion") and for any commercial, advertising and any promotional purposes at the University of South Carolina's sole discretion, without any further notification, authorization or compensation from the University.
You acknowledge that any photos that contain any of the following may not be uploaded at the sole discretion of the University of South Carolina:
• Presence of alcohol, drugs, tobacco;
• Obscenity or profanity;
• Brand names, trademarks, or any other intellectual property, including copyrighted works;
• Images or artwork not created by you;
• The image, likeness, or other identifying information of any person or group which has not given the express permission for the photo to be published in any media;
• Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the photo is created;
• Any other material deemed inappropriate in the University of South Carolina's sole discretion, including but not limited to material that is indecent, hateful, tortuous, defamatory, slanderous or libelous.
South Carolina is under no obligation to post or use any contents submitted and reserves the right to reject and/or remove your photo at any time if, in the University of South Carolina's sole discretion, it deems the content inappropriate for the Promotion or the photo does not meet technical specifications required in order to be posted.
By submitting your photo and contact information, you acknowledge that you have read and agree to be bound by the Official Terms and Conditions of the Promotion.
OFFICIAL TERMS AND CONDITIONS
Eligibility : In the event that users who are ineligible for any of the aforementioned reasons enter the Promotion, South Carolina is not responsible for that user not being able to be awarded. It is the user's responsibility to read and accept the Terms and Conditions and not enter the Promotion if they are ineligible for any reason.
Sponsor : The Gamecock Club ("Sponsor"), Columbia, South Carolina, 29208. Administrator: The Gamecock Club, 1304 Heyward Street, Columbia, South Carolina, 29208.
Agreement to Official Terms and Conditions : By entering the Promotion, participant indicates his/her full and unconditional agreement to, and acceptance of these Terms and Conditions and Sponsor's and Administrator's decisions, which are final and binding.
Use of Likeness : By entering the Promotion, each participant grants permission for Sponsor to use his/her name, address (city and state only), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
General Conditions : Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate the Promotion, or any part of it, in the event that the operation, security, or administration of the Promotion is impaired in any way, including, but not limited to by fraud, unauthorized human intervention, human error , technical problems, or by any other factors. If terminated, Sponsor may, at its discretion, award any unawarded prizes at random. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion, acting in violation of these Official Terms and Conditions, or acting in any other unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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 Terms and Conditions shall not constitute a waiver of the provision.
Release and Limitations of Liability : By registering to participate in the Promotion, participant agrees to release and hold harmless Sponsor, its respective subsidiaries, affiliates, and advertising and promotion agencies and each of their respective officers, directors, employees and agents (collectively, the 'Released Parties') from and against any claim or cause of action arising, in whole or in part, directly or indirectly, out of participation in the Promotion or receipt of any prize (including any travel or activity related thereto). Released Parties are also not responsible for (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process of the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or receipt or use or misuse of any prize. Participant waives the right to claim any damages whatsoever, including, but not limited to punitive, consequential, direct or indirect.
Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Offer awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court with a competent jurisdiction in Richland County, South Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina.