#MomentoIRL is a user-submitted video contest by Firstech, which allows Momento customers to submit their recorded videos to Firstech for consideration for prizes, such as gift cards, product, and merchandise. This #MomentoIRL Submission Agreement (the “Agreement) is a binding agreement between you (“You”) and Firstech, LLC. (“Firstech”).
BY CLICKING THE “AGREE” BUTTON AND UPLOADING YOUR VIDEO CONTENT, YOU:
- ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.
- REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (18 OR OLDER ON DATE OF SUBMISSION)
- ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UPLOAD YOUR VIDEO.
You represent that You own or have the right to license to Firstech all of the video and audio content included in the submitted video file. If any content is found to be in violation of copyright law, or appears to originate from another creator, Firstech may remove the video from consideration for the #MomentoIRL contest without further notice to You.
Firstech wishes to license and You desire to grant Firstech license to include, exhibit, display, reproduce, and/or distribute the submitted video file for any and all purposes, including but not limited to the marketing, promotion, and advertising of Momento brand products. Such a license further includes, among other things, the right for Firstech to incorporate the submitted video file in video or audio-visual content, text, graphics, artwork, photographs, templates, packaging, and other content or materials created by or on behalf of Firstech (“Firstech Materials”).
Firstech’s priority is to showcase the different scenarios captured on Momento dash camera products, while also prioritizing compliance with copyright law, and the protection of other people’s privacy. If any of the following items are overwhelmingly prevalent in Your submitted video file, Firstech reserves the right to remove the video from consideration for the #MomentoIRL contest without further notice to You:
- People, specifically children under the age of 18’s faces, in clear view.
- Numerous license plates, which may be difficult to conceal.
- Any materials that are placed with the intention of promoting a business, product, or person.
- Audio or behavior that is offensive in any nature.
- Audio that is copyrighted, that cannot be muted due to “story” behind the video.
Upon receipt of Your video submission, Firstech reserves the right to modify the video clip to remove or conceal any of the above items for the sake of compliance with copyright law and to protect the privacy of others. These modifications and publishing will be made without any further approval by You. Though, if You feel that a published video can be improved or modified, we encourage You to e-mail firstname.lastname@example.org with your suggestions.
USE OF YOUR SUBMITTED VIDEO FILE
Submission of a video file to Firstech for the #MomentoIRL video contest is not a guarantee that Firstech will publish or otherwise use Your content. For clarity, Firstech may use Your content, in whole or in part or as part of other Firstech Materials without any further approval by You.
Firstech acknowledges that You also share ownership over your video file, and that you retain the right to repost, share, upload, and modify the submitted video file. Following video submission of Your video file to the #MomentoIRL video contest, You may request removal of Your video by e-mailing email@example.com. Upon consideration of Your request, Firstech retains the right to accept or to deny the request to remove the video file from Firstech Materials. Firstech is not responsible for recalling any Firstech Materials that have been published, printed, and/or distributed that include Your submitted video file, even if request for removal has been accepted.
To incentivize Momento customers to submit videos, Firstech will reward customers like You items, such as gift cards, products, or merchandise, if your submitted video file is within our submission guidelines and is selected for re-use on Firstech materials. Firstech retains the right to change or modify the reward for video approval/acceptance. If these rewards are not accepted by You, this does not change Firstech’s license to use your submitted video file in Firstech Materials.
LIMITATION OF LIABILITY
IN NOEVENT WILL FIRSTECH BE LIBALBE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS AGREEMENT OR FIRSTECH’S USE OF THE CONTENT AND APPEARANCES, EVEN IF FIRSTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRSTECH’S TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY FIRSTECH TO YOU IN THE FORM OF REWARDS.
For further questions regarding these terms and conditions of the #MomentoIRL video-submission contest, please contact Firstech’s marketing team at firstname.lastname@example.org. Or use the contact information displayed below:
21903 68th Avenue South
Kent, Washington 98032