Call Me Kat Instagram Submission Terms & Conditions
YOU DON’T NEED TO MAKE A PURCHASE OR PAYMENT TO SUBMIT YOUR PHOTO FOR
CONSIDERATION AS PART OF THE “CALL ME KAT” CAT PHOTO EVENT (THE “CAT PHOTO PROCESS”).
THESE SUBMISSION TERMS (“SUBMISSION TERMS”) GOVERN THE CAT PHOTO PROCESS. BY SUBMITTING A PHOTO, YOU AGREE TO THESE SUBMISSION TERMS. DATA AND OTHER INFORMATION COLLECTED IN CONNECTION WITH THE CAT PHOTO PROCESS WILL BE USED BY FOX BROADCASTING COMPANY, LLL (“FOX”) IN ACCORDANCE WITH FOX’S PRIVACY POLICY LOCATED AT HTTP://WWW.FOX.COM/POLICY.
THE CAT PHOTO PROCESS IS NOT A CONTEST OR SWEEPSTAKES. NO PRIZES WILL BE AWARDED, AND FOX MAY ELECT NOT TO USE ANY OF THE SUBMISSIONS. ALSO, THE CAT PHOTO PROCESS IS IN NO WAY SPONSORED BY, ENDORSED BY, OR ASSOCIATED WITH INSTAGRAM.
HOW TO SUBMIT: To participate in the Cat Photo Process, you must submit a photo including your cat (each, a “Photo”) by posting it on Instagram with the hashtag #CallMeKat. To submit on Instagram, you must have an Instagram account and your account must be public. If you do not already have an Instagram account, create an Instagram account according to the instructions on Instagram.com. Please note that you must comply with the Instagram terms of use in order to create an Instagram account. Each time you submit a Photo as described above, each such post shall be considered a submission (“Submission”). By making a Submission, you are accepting and agreeing to these Submission Terms.
Note: This is not a contest or a sweepstakes; no prizes or compensation will be awarded as a result of providing a Submission or having such Submission included in the Program (as defined below). There is no guarantee as to how many Submissions will be selected for use, or that any Submissions will be selected at all.
2. SUBMISSION REQUIREMENTS: You must be 18 years of age or older to make a Submission. By making a Submission, you represent and warrant that: (i) you are the owner and/or creator of the Photo, (ii) the Photo is original to you, and (iii) the Photo does not violate or infringe upon the rights of any third party. FOX is not responsible for any unauthorized third party use of any Submission. Submissions will not be acknowledged or returned and will not be received or held “in confidence” and a Submission does not create a confidential relationship or obligation of secrecy between you, on the one hand, and FOX and/or any of its affiliates, on the other hand. Individuals will not receive any compensation for making a Submission and/or for such Submission being selected, posted and/or utilized by FOX in any manner.
3. GENERAL CONTENT RESTRICTIONS: Your Submission must comply with the Instagram terms of use, and without limiting the generality of the foregoing, to be considered in the Cat Photo Process, your Submission must NOT contain material which is sexually explicit or suggestive, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, ethnicity, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing, or promotes the use of illegal drugs, tobacco, firearms/weapons or any other activities that may appear
unsafe or dangerous. Your Submission must NOT contain any derogatory references to FOX and/or any third party.
4. LIABILITY: FOX and Fox Corporation (collectively, the “Released Parties”) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, due in whole or in part, directly or indirectly, to participation in the Cat Photo Process. You agree to release the Released Parties and all entities involved in the production, sponsorship and/or promotion of the Cat Photo Process or FOX’s programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and all entities involved in the production, sponsorship and/or promotion of the Cat Photo Process, or any part thereof, including, without limitation, the producers and sponsors of FOX’s programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Cat Photo Process.
5. LICENSE: You will retain all ownership rights in your Submission. However, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you, by submitting the Submission, you hereby grant to FOX in perpetuity, an irrevocable, universe-wide, non-exclusive, royalty- free, sub-licensable and transferable license to use, reproduce, display, exhibit, distribute, transmit, edit, modify, copy, translate, dub, adapt, publish, and otherwise exploit all or any portion of the Submission in any and all media (now known or hereafter devised) for any purpose whatsoever, including, without limitation, for use in or in connection with the television series “Call Me Kat” (the “Program”), as well as for any promotion, merchandising, publicity and advertising related to the Program.
6. SELECTION PROCESS: FOX reserves the right to determine in its sole discretion which Submission(s) have satisfied the requirements stated in these Submission Terms. FOX has no obligation to post, exhibit or utilize any Submission even if such Submission(s) have satisfied the requirements stated in these Submission Terms. FOX has no obligation to use any Submission for any purpose, and any decision to use or not use a Submission will be in FOX’s sole discretion. FOX has no obligation to notify you if it does not elect to use your Submission.
7. CHOICE OF LAW: This Cat Photo Process is governed by the laws of the United States and the State of California applicable to contracts made and performed in the State of California, without respect to conflict of law doctrines. As a condition of making a Submission in the Cat Photo Process, you agree that in the event of any dispute or controversy between the parties hereto, such dispute or controversy shall be submitted to arbitration under the auspices of the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure thereof, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. Upon conclusion of any arbitration proceedings hereunder, the arbitrator shall
render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties shall share equally the costs of arbitration, including the costs of transcribing the arbitration, but each party shall bear its own attorneys’ fees and related costs, unless otherwise provided by law or statute. In no event shall Service Provider seek or be entitled to obtain rescission, injunctive or other equitable relief.
In the event any provision of these Submission Terms is deemed unenforceable, these Submission Terms will continue in full force and effect without such provision. These Submission Terms are intended to be the complete, final and exclusive statement of the terms of the agreement between any individual making a Submission and FOX relating to the subject matter hereof.
8. MISCELLANEOUS: Void where prohibited. FOX may modify, stop, cancel, terminate, or suspend the Cat Photo Process at any time without prior notice, in FOX’s sole discretion.