The Adobe Donation Campaign For Teach For America Official Rules

(A Donation Campaign for Teach For America)

02-06-2020

PRELIMINARY DISCLOSURES

1. YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) OR OLDER TO PARTICIPATE. VOID WHERE PROHIBITED.

PROMOTION PARTIES

2. PROMOTION ORIGINATOR; ELIGIBLE PARTICIPANTS; INELIGIBLE PARTICIPANTS

2.1 Promotion Originator. THE ADOBE DONATION CAMPAIGN FOR TEACH FOR AMERICA (“Promotion”) is originated by Adobe Inc., 345 Park Avenue, San Jose, California, 95110, United States, its affiliates and subsidiaries (collectively, “Adobe”).
2.2 Eligible Participants. The Promotion is open only to persons meeting all the requirements recited in Section 1 (“Participant(s),” “You,” “Your”). By participating in the Promotion Participants agree to be bound by these official rules (“Official Rules”).
2.3 Ineligible Participants. The Promotion is subject to all applicable federal, state, territorial, provincial, municipal and local laws and regulations and is void where prohibited or restricted by law.

PROMOTION SCHEDULE

3. PROMOTION WINDOWS; SCHEDULE; TIMING

3.1 Promotion Windows. The Promotion comprises the start and end times, separate entry window (the “Entry Window”), all windows collectively comprising the “Promotion Period”, as detailed in the schedule below:
3.2   Schedule

3.3 EACH PARTICIPANT IS RESPONSIBLE FOR MAKING THE NECESSARY ADJUSTMENTS FOR TIMING OF THE VARIOUS WINDOWS IN SECTION 3.2 ABOVE BASED ON PARTICIPANT’S LOCATION AND TIME ZONE. Adobe’s computer is the official time-keeping device for the Promotion.

PROMOTION TERMS

4. HOW TO ENTER; LIMITS ON ENTRIES

4.1 How to Enter (“Entry Requirements”). To submit an Entry anytime during the Promotion Entry Window be among the first 100,000 Participants to:
Tell about who has helped bring your creativity to life on Instagram or Twitter with the hashtag #CreativityForAll. (following the Submission Guidelines in Section 5.1, collectively, the “Submission”).
By submitting an Entry You acknowledge Your acceptance of these Official Rules as directed (all elements together comprising the eligible “Entry” or “Entries”).
4.2 Limits on Entries. Each Participant may submit (on behalf of him/herself and any associated Contributors) as many Entries as he/she likes during the Entry Window. Each Entry must correspond to a single Participant using a single Instagram or Twitter account. Participants may not use multiple Instagram or Twitter accounts or alternate user identities in an attempt to submit more Entries than are allowed from a single Participant. Completed Entries must be entered and received electronically during the Entry Window to be eligible for Promotion Items. If the Promotion consists of multiple separate entry windows, then Entries received during a given Entry Window will only be considered for the particular Entry Window and corresponding Promotion Item at issue, and will not be included, rolled-over, or considered for subsequent Entry Windows or Promotion Items. Entries received by other methods will not be accepted, and no entries will be acknowledged or returned. Adobe cannot guarantee that all persons attempting to enter will be able to participate.
4.3 Using Adobe creative software. If needed for development of a Submission, many Adobe desktop software applications, services, and touch apps are accessible on a trial basis with Adobe Creative Cloud membership (both FREE) at http://www.adobe.com/downloads.html. Not all applications, services, or features are available in all languages and countries.

5. SUBMISSION GUIDELINES

5.1 All Entries must conform to the guidelines below (“Submission Guidelines”) and be in good taste and in keeping with Adobe’s image, as determined by Adobe in its sole discretion. By submitting an Entry in this Promotion each Participant warrants and represents that (i) he/she has the legal right and necessary permission(s) to do so (including permission from any associated Contributors), and (ii) that his/her Entry (including all creative and other content comprising his/her Entry) conforms to the Submission Guidelines:
A. Entries must meet Entry Requirements outlined in Section 4.1;
B. Entries must contain only original content (text, images, artwork, footage, audio, music, performance, and other original materials) created by the Participant and associated Contributors, if applicable, and, if required for entry, any idea, question, or similar statement submitted by Participant, must reflect a coherent and complete thought;
C. If the likeness of a person appears in an Entry, it should be only that of the Participant or any associated Contributors. However, if an Entry contains the likeness of persons other than the Participant and any associated Contributors, then by submitting the Entry, the Participant represents he/she has permission from all recognizable persons (including all Contributors, or the parent or legal guardian of any minor  child) featured in the Entry to use such person’s name and/or likeness, and to grant the rights granted to Adobe in these Official Rules;
D. Entries must not contain images or depictions of historical landmarks, or other content not created by the Participant and associated Contributors, if applicable, and must not infringe, violate, or use without permission the rights of any third party, including but not limited to trade names, trademarks, logos, privacy or publicity rights, or other intellectual property rights;
E. Entries must be suitable for publication and viewing by all ages, and must not contain material that is indecent, obscene, tortious, defamatory, harassing, harmful, slanderous, libelous, disparaging, objectionable, or that promotes bigotry, racism, hatred, harm, or discrimination against any group, individual, or entity (as determined by Adobe), or any other material that is unlawful, or in violation of or contrary to the laws or regulations in the jurisdiction from where the Entry is sourced or submitted;
F. Entries must not violate the online terms of use or privacy policy of Adobe or the website where the Entry submitting mechanism for the Promotion may be
5.2. Proof of submission of an Entry is not proof of delivery or receipt of that Entry by Adobe. Use of a false email account will disqualify an Entry. If there is a dispute regarding an Entry, or the identity of a Participant, the Entry at issue will be deemed by Adobe to have been made by the natural person who is the authorized account holder assigned by an Internet access provider to the email address associated with the Entry, and that person must comply with these Official Rules. Participants may be required to show proof of being the authorized account holder.
5.3 By participating in the Promotion, each Participant accepts and agrees that Adobe, in its sole discretion, may disqualify any Participant who (whether in fact or by attempt) subverts, circumvents, or tampers with the entry process, or the lawful operation of this Promotion or the Site, or who Adobe finds to be acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in violation of these Official Rules.

6. DATA PROTECTION

6.1 Participants’ Consent to Adobe’s use of Personal Data. By participating in this Promotion and submitting an Entry each Participant consents to having personal data collected from him/her by Adobe, which personal data may be transferred, and will be used and disclosed by Adobe and its authorized agents for purposes of Promotion administration and [prize/promotion item/reward] fulfillment. By entering, each Participant consents to the collection, use and disclosure of his/her personal data as described in these Official Rules. Nothing in these Official Rules will be deemed to restrict or exclude any Participant’s statutory consumer rights pertaining to personal data. Except as otherwise stated in these Official Rules or on the Site, personal data collected from Participants by Adobe is subject to Adobe’s Privacy Policy at http://www.adobe.com/privacy/policy.html (available by region).
6.2 Participants’ License and Consent to Adobe’s use of Entries
A. Adobe does not claim ownership of Entries, however, by participating in the Promotion and submitting an Entry each Participant consents to, and grants to Adobe and its agents, a, worldwide, perpetual, royalty-free, nonexclusive, transferable right and fully-paid up, fully-sublicensable license, under any and all rights, to use, modify, reproduce, distribute, publicly perform and publicly display, publish (or not publish), in whole or in part, the non-personal or non-identifiable data and creative elements comprising his/her Entry (together with or without his/her name, voice and/or likeness and hometown, collectively, “Persona”, which Persona each Participant consents to, and agrees may be used by Adobe according to these Official Rules for a period of up to 1-year from the Promotion start date as necessary for the purposes of starting and administering the Promotion, fulfilling [prizes/promotion items/rewards]), except as otherwise prohibited by law, in any media format or medium (whether now or hereafter known) and through any media channels, including on and through the Site and public viewing gallery, and other websites and Adobe-branded social media channels owned or controlled by Adobe, in and in connection with promotion, publicity and advertising for the Promotion without any further attribution, notification, or compensation to the Participant, his/her successors or assigns, or any other person or entity, and (ii) each Participant consents to, and grants to users of the Site a worldwide, royalty-free, license to access, distribute and display his/her Entry through the Site, and to rate, review, comment on, or tag the Entry and share the Entry using commercially available means.
B. To the extent permitted by law, by submitting an Entry each Participant unconditionally and irrevocably waives any and all moral rights to which Participant may be entitled under applicable law, and waives and releases the Released Parties from any and all claims that he/she (and anyone by or through him/her) may have now or in the future in any jurisdiction based on “moral rights” with respect to Adobe’s exploitation of his/her Entry without further notification or compensation to the Participant. “Moral Rights” means any right to (a) divulge the Entry to the public; (b) retract the Entry from the public; (c) object to any modification of the Entry; or (d) any and all rights similar to moral rights existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether such right is generally called or referred to as a moral right. If this waiver of moral rights is unenforceable or invalid, and to avoid any doubt, each Participant acknowledges and agrees that Adobe is authorized to exercise all moral rights to his/her
C. Participation in the Promotion creates no obligation (express or implied) on the part of Adobe to use, commercialize or otherwise exploit any Participant’s Entry or Persona and no Participant is entitled to any damages or other relief by reason of Adobe’s use or non-use of his/her Entry. Each Participant waives any right he or she may have to be mentioned as the author or creator of the
6.3 Participants’ Right to Opt-Out from Adobe’s use of Personal Data. Each Participant may refuse to have his/her personal information collected, transferred, used, or disclosed by Adobe as described in these Official Rules (“Opt- Out”) by choosing to not participate in the Promotion.
6.4 No Opt-In to future communications from Adobe required to participate. During the Promotion Period Participants may be presented the option to “Stay informed via email about Adobe products and services.” (“Opt- In“ consent to future marketing), but Opt-In consent to future marketing is not required to participate in the Promotion, and will not increase or improve a Participant’s opportunity to win a Promotion item.

7. DONATION SELECTION; ODDS OF WINNING

7.1 Donation. Adobe will donate to Teach For America $5.00 (USD/United States) (on behalf of each Participant) for every eligible Entry, up to a total amount of $500,000 (USD/United States).
7.2 Odds of winning. No Participant will win any prize in this promotion. Adobe will donate up to a maximum of $500,000 (USD/United States) to Teach for America, Inc., based on the number of eligible Entries submitted.

8. TOTAL PROMOTION ITEMS TO BE DISTRIBUTED; PROMOTION ITEM DESCRIPTION; RETAIL VALUE

8.1 Total Promotion items to be distributed. Adobe will donate up to a maximum of $500,000 (USD/United States) to Teach For America, based on the number of eligible Entries submitted.
8.2 Timing of Promotion items to be distributed. Adobe will arrange and determine mode of delivery of Promotion items to Teach For America. Allow 2 weeks from the close of the Entry Window for delivery of Promotion items to Teach For America.

9. PARTICIPANTS’ AGREEMENT TO OFFICIAL RULES AND DECISIONS OF ADOBE

Participation in the Promotion or receipt of any Promotion item constitutes each Participant’s full and unconditional agreement to and acceptance of these Official Rules, Adobe’s online Terms of Use, Privacy Policy (available by region and incorporated into these Official Rules by this reference), and Adobe’s decisions which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon Participant fulfilling all applicable requirements in these Official Rules.

10. GENERAL

10.1 Adobe’s right to cancel, terminate or modify the Promotion. Adobe reserves the right to cancel, terminate, or modify the Promotion, or any portion thereof, if in Adobe’s opinion the Promotion has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Adobe’s reasonable control, including without limitation, an insufficient volume of participation or eligible Entries, and to select potential participant’s from among eligible, non-suspect Entries received on or before the termination date. While Adobe may take action against fraudulent activities of Participants, Adobe assumes no responsibility or obligation to proactively police Participants’ activities, or to investigate any or all claims of fraudulent Adobe’s failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
10.2 Limitations of liability. The Released Parties, defined as officers or directors of Adobe, or any of Adobe’s agents, representatives, advertising, promotion, publicity and fulfillment agencies, legal advisors, successors and assigns, and any other company or person that is involved with the production, design, execution, administration or distribution of this Promotion (collectively, the “Released Parties”), do not guarantee the processing or posting of any Entry, or the functioning of the Site. The Released Parties are not in any way responsible or liable for any act, omission, or breach of contract or warranty by Participants, or any infringement or violation of any right of publicity, privacy, intellectual property or proprietary rights, or for any loss (including loss of opportunity) or other claim arising from or in relation to the Promotion, or any Entry submitted, or for the authorized or unauthorized actions of Participants or other third parties. The Released Parties are not responsible for events requiring a cancellation or postponement of the Promotion, or for Entries that are incomplete, illegible, lost, intercepted, misdirected, or not otherwise received by Adobe, or for hardware or software malfunctions, delayed, unavailable, or failed network connections or communications, or other errors or impediments of any kind, whether technical or non-technical in nature, relating to the Promotion, its administration, or the processing of Entries.
10.3 Release of claims. By participating in the Promotion each Participant agrees, to the maximum extent allowable under applicable law, to release and hold the Released Parties harmless from and against any and all liability whatsoever for any injuries, losses, or damages of any kind arising from, or in any way connected with, participation in the Promotion, any Promotion-related activity, or any Entry submitted, or the shipping and handling, receipt, possession, loss, use or misuse of any Promotion item distributed. The limitation of liability in this section does not apply to claims for personal injury or death caused by Adobe or its agents’ negligence, or to liability of Adobe and its agents for willful misconduct or gross negligence, or any other liabilities that may not be excluded by law. Participants agree that Adobe’s only obligation is to accept eligible Entries (and ultimately to distribute promotion items) according to the procedures and criteria set forth in these Official Rules, that these obligations are fair and adequate consideration for any Entry submitted, and Participant is not entitled to and will not seek any further compensation.
10.4 Release of Instagram and Twitter. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. By entering, you understand you are providing your Promotion-related information to the Sponsor and not to Instagram or Twitter. All inquiries in relation to the Promotion should be directed to the Sponsor.
10.5  Governing law; venue; disputes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Adobe and Participants, will be governed by, and construed in accordance with, the laws of the state of California, United States of America, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of California, and all claims must be resolved in the appropriate State Court located in Santa Clara County, California.

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