OTZI Tester Program Terms & Conditions
These Terms & Conditions (“Terms”) govern the process by which individuals may apply to participate in the OTZI product tester program (“Program”).
WHO CAN PARTICIPATE: Applicants must be legal residents of the fifty (50) United States or District of Columbia and at least 18 or older.
TESTIMONIALS: Any testimonials provided by an Applicant should be true and reflect the actual beliefs and experience of the Applicant providing the testimonial. The Application and any corresponding testimonials are collectively referred to herein as “Program Materials.”
USE OF MATERIALS CREATED/PROVIDED BY MBX (E.G., INSTAGRAM STORIES): Upon submitting an Application, using Applicant’s Instagram profile photo and content from Applicant’s Instagram feed (“Applicant Content”), MBX may create materials, including, but not limited to an Instagram Story. (collectively, “MBX Materials”). All rights, title and interest in the MBX Materials (including MBX’s name, logo and any other trademarks but excluding the Applicant Content) are owned by MBX. MBX is providing the Applicant with a limited license to use the MBX Materials solely in connection with promoting the Applicant’s participation in this Program. The MBX Materials should not be used for any other purpose. MBX reserves the right to disqualify any Applicant who violates this grant of rights.
Applicants agree and hereby warrant that they shall, as appropriate, disclose in all postings or uploads (including video posts / uploads) on internet or social media accounts owned or controlled by Applicant the fact that Applicant is posting for an opportunity to test/receive OTZI products; and such disclosures must comply with any applicable instructions or directions provided by MBX.
GRANT OF RIGHTS: By submitting an Application, without limiting the generality of any of the foregoing, Applicants agree and hereby grant to MBX and its designees, successors, licensees and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Application (and agrees to waive all moral rights thereto), and all elements embodied therein, in whole or in part, in any manner and in any and all media now known or hereafter devised (including on MBX’s website and social media pages) throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, entrant or any third party. All Applicant Contents posted in connection with the Program is subject to OTZI’s User Generated Contents Terms & Conditions, available at https://us.memebox.com/pages/user-generated-content-ugc-terms-conditions
MBX COMMUNICATIONS: By submitting an Application, you agree to accept and receive communications from MBX or MBX’s third-party service providers, including via email, text message, and calls to the mobile phone number you provided to MBX in your Application. When you opt in to receive text messages in your Application, you authorize MBX and MBX’s third-party service providers to send you updates, alerts, promotions, specials, and other information about the Program and marketing promotions from MBX via text messages or calls to the number you provided in your Application. Text messages or calls may be sent or made using an automatic telephone dialing system or other technology. Message frequency may vary. Message and data rates may apply. You may opt-out of receiving text messages at any time by replying “STOP.”
GENERAL CONDITIONS: Void where prohibited by law. This Program is subject to all applicable federal, state, provincial, territorial and local laws. By submitting an Application, Applicants agree (a) to release, discharge, hold harmless and indemnify MBX, its parent, affiliates, subsidiaries, and advertising and promotion agencies, Instagram, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon copyright infringement, invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Program, Application Process and/or the use of any Program Terms, in whole or in part, in any manner by MBX in connection with the Program; and (b) to the use by MBX and its designees of Applicants’ names, biographical information, cities and states, provinces or territories of residence, photographs (including, without limitation, profile photos) images and/or likenesses for advertising, publicity, promotional and trade purposes in any and all media, now or hereafter known, in any manner, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents from Applicants or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications or emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program or the Application Process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application Process or in any Application or Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Program. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Application process or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Application Terms, as solely determined by MBX, will be disqualified. MBX reserves the right at its sole discretion to suspend, modify or terminate the Program at any time and for any reason. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MBX RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.