PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO SOJO SPA CLUB WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #MYSOJOSPADAY @SOJOSPACLUB, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

PARTICIPANT AGREEMENT

By participating in any SoJo Spa Club endorsed contests and/or by replying to SoJo Spa Club consent request to participate with the hashtag #mysojospaday, you agree to these Terms and Conditions. SoJo Spa Club may terminate its Websites or its use of your content at any time at its discretion.

ALLOWABLE PARTICIPANTS

You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user generated content (Content) in the form of original photography, video or text.

NON-CONFIDENTIALITY

You understand and agree that your Content will be publicly displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to SoJo Spa Club’s request for consent you provide SoJo Spa Club with the right to use and share your Content on their official websites including but not limited to sojospaclub.com as well as in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram.

SOJO SPA CLUB RIGHTS TO USER GENERATED CONTENT

By replying to SoJo Spa Club’s consent request to participate with the hashtag #mysojospaday you are agreeing to these Terms and Conditions. You grant SoJo Spa Club and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and b) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that SoJo Spa Club or their affiliate agents deem appropriate.

You agree that you are solely responsible for your Content. SoJo Spa Club is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. SoJo Spa Club is not responsible for any loss, theft, misuse or damage of any kind to your Content.

By participating in any SoJo Spa Club endorsed contest and/or by replying to SoJo Spa Club’s consent request to participate with the hashtag #mysojospaday, you represent and warrant that:

• you are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else
• you own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to SoJo Spa Club as described herein
• your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity
• you agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of SoJo Spa Club and its affiliate agents
• you voluntarily agree to waive all “moral rights” that you may have to your Content
• any information contained in your Content is not known to you to be false, inaccurate or misleading
• your Content does not violate any law
• you were not and will not be compensated or granted any consideration by any third party for submitting your Content
• you will not be compensated or granted any consideration in any way by SoJo Spa Club for the use of your Content
• your Content does not incorporate materials from a third party website, copyright protected materials or personally identifiable information of anyone other than yourself
• your Content does not reflect negatively in any way upon the state of New Jersey or their marketing, advertising, commercial or promotional efforts

You agree to irrevocably release and forever discharge SoJo Spa Club and its affiliate agents, subsidiaries, employees and third-party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against SoJo Spa Club and affiliate agents, subsidiaries, employees and third-party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by SoJo Spa Club.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless SoJo Spa Club and its affiliate agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these terms and conditions. SoJo Spa Club reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with SoJo Spa Club’s defense of such claims.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

SoJo Spa Club may, at its sole discretion, change these Terms and Conditions at any time.

TAKEDOWN

Should you want your content removed from the SoJo Spa Club Website(s), you will need to send a message through our Contact Form. Once SoJo Spa Club acknowledges receipt of your email request, please allow 30 days for any action to take place.

OTHER CONDITIONS/RESTRICTIONS

CAUTION: Any attempt by any individual to deliberately damage any SoJo Spa Club Website(s), tamper with the aggregation process or otherwise undermine the legitimate operation of the program maybe be a violation of criminal and civil laws. Should such an attempt be made, SoJo Spa Club reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.

GENERAL

These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using particular elements of the Website(s) constitute the entire and exclusive agreement between you and SoJo Spa Club.

GOVERNING LAW

These terms shall be governed by the laws of the state of New Jersey. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of New Jersey.