Volunteers & Judges
Lemonade Alley is presented by your local producer for the betterment of youth, charities, schools and the community at large. Supporting licensor Bizgenics Foundation (“Sponsor”), corporate donors, judges, volunteers and VIPs are not presenting entities and thus not responsible for any event activities or liabilities stemming from local events.
By participating in this program, you (Volunteer) and designates agree to release, hold harmless and indemnify Sponsor, producers, organizers, their affiliates, subsidiaries, agencies, judges, and each of their respective shareholders, directors, officers, employees or representatives from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) arising directly or indirectly from or in connection with any prize or resulting from participation in this Contest or from acceptance, possession or use/misuse of any prize or participation in any prize-related activity or use by the Sponsor of the Entry in any manner.
In the event any Volunteer is a minor under applicable state law, the parent or legal guardian is required to agree to all terms stated herein.
Participation in the Lemonade Alley event will constitute and signify the Volunteer’s agreement and consent (or that of parent or legal guardian if Volunteer is an eligible minor under applicable law) that the Sponsor and/or the Sponsor’s assignees may use the name, photograph, likeness and/or prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited. Participation grants the Sponsor and its agents the right to publish, use, adapt, edit and/or modify content in any way, in commerce and in any and all media worldwide now known or hereinafter invented, without time limitation and without further consideration to the Volunteer. Participation further constitutes the Volunteer’s (or his/her parent’s or guardian’s) consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in all content, including, without limitation, all intellectual property rights.
All Prize Winners and Beneficiaries are solely responsible for any local, state, or federal taxes on prizes. Prizes will be void where prohibited.
If, for any reason, this Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules at any prize level, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend this Contest and determine the Winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
You also agree not to violate any dumping, health safety, public assembly or any other laws. In the event that you violate any such laws, you solely bear resulting liabilities for your actions.
Prizes, even if stated in Official Rules are not guaranteed to be awarded. By participating, Volunteers agree and consent: (a) that all issues and questions concerning the construction, validity, interpretation and enforceability of Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with this Contest, will be resolved individually, without resort to any form of class action, and governed by, and construed in accordance with, the laws of State of Hawaii, without giving effect to any choice of law or conflict of law rules, and (b) to the jurisdiction and venue of the federal, state and local courts located in Honolulu, Hawaii.
LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, mutilated, incomplete, or non-delivered entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or Website, may be acting in violation of the terms of the Website or the Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING VOLUNTEERS ACCESS TO AND USE OF THE CONTEST INTERNET SITE OR DOWNLOADING FROM AND OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURSIDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
GUARDIAN CONSENT: Parents and Guardians hereby grant permission for Volunteers to participate in the Lemonade Alley competition. Activities include, but are not limited to, helping on pre-show days, show day, cleanup, administrative and pick tasks. Transportation to and from the site as well as Volunteer supervision is the sole responsibility of respective Parents & Guardians.
INSURANCE: Lemonade Alley activities take place under the guidance and direction of the Bizgenics Foundation which is also the producing body for the event that is supplying liability insurance.
MEDICAL INSURANCE: Parents and Guardians assume all responsibility for the health of their respective Volunteers. In the event of an emergency, telephone numbers will be held on file by Lemonade Alley staff for use in the case of emergency.
IMAGES: Photos and videos taken at various Lemonade Alley events may be posted to various publicity-disseminated media. Parents and Guardians herby grant Lemonade Alley and its designees the right to use their own and respective Volunteer’s likeness, image, voice, appearance and performance in connection with program activities including workshops whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix, or duplicate and use or re-use Content in whole or part as Lemonade Alley may elect. Lemonade Alley or its designee shall have complete ownership of Content, including copyright interests, and Parents and Guardians acknowledge they have no interest or ownership in Content or its copyright. Parents and Guardians also grant Lemonade Alley and its designees the right to broadcast, exhibit, market, sell and otherwise distribute Content, either in whole or in part, and either alone or with other content for commercial or non-commercial television or theater, closed-circuit exhibition, internet distribution, home video distribution or any other purpose that Lemonade Alley or its designees in their sole discretion may determine. This grant includes the right to use Content for promoting or publicizing any of the uses. Parents and Guardians hereby gives all clearances, copyright and otherwise for the use of their own and respective Volunteer’s name, likeness, image voice, appearance and performance embodied in the Content. The rights granted Lemonade Alley herein are perpetual and worldwide.
HOLD HARMLESS & INDEMNIFICATION: Parents and Guardians agree to remain legally responsible for any and all personal actions taken by their respective Volunteers along with team mentors, friends, family and others associated with content. Parents and Guardians agree on behalf of themselves and their respective Volunteers named herein to hold harmless and defend Lemonade Alley, the Bizgenics Foundation, their designates, sponsors, officers, committee members, employees and agents from any and all claims known and unknown arising out of or in any way connected with the event or in connection with any illness or injury or cost of medical treatment in connection therewith, and agree to compensate Lemonade Alley, Bizgenics Foundation, their designates, sponsors, officers, committee members, employees, and agents reasonable attorney’s fees and expenses arising in connection therewith. Parents and Guardians herein confirm that each has respective rights to enter into this Agreement, and that each is not restricted by Lemonade Alley, Bizgenics Foundation, their designates, sponsors, officers, committee members, employees, and agents from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations.
GOVERNANCE: This Agreement is governed by, and will be construed in accordance with, the laws of the State of Hawai’i despite any conflict of legal principles and rules to the contrary. If a dispute or claim as between the parties arises, the parties will exercise reasonable efforts to resolve same in an amiable, efficient and effective manner before resorting to legal intervention. However, if such a resolution is not reached in a fair and timely manner, a party may bring legal action against the other party for claims under this Agreement, in which event each party to this Agreement will submit exclusively to the general and personal jurisdiction of the courts of competent jurisdiction, state and federal, situated in Honolulu, Hawai’i and no other venue unless Bizgenics expressly consents to a different venue.
SEVERABILITY: If any part of these terms are deemed unenforceable, the balance of terms shall remain effective and the unenforceable term(s) may be reformed to become an enforceable part of terms.
ENTIRETY: The terms of this Agreement govern Lemonade Alley and shall take precedence over any other terms that are contrary to these terms. Any prior or contemporaneous representations, understandings or contrary agreements of the parties with respect to this subject matter are superseded by this Agreement.
NOTICES: Notices to Bizgenics shall be given in writing or acknowledged as received electronically or delivered to Bizgenics at 1012B 18th Ave Honolulu, Hawai’i 96816.