Terms & Conditions
MARC FISHER FOOTWEAR – #MAKEYOURMARC RELEASE
Please read this Release (“Agreement”) carefully because it represents your legally binding agreement with Marc Fisher IP LLC and its affiliates (“Marc Fisher”).
ABOUT THE PROGRAM:
Marc Fisher is passionate about getting involved, giving back, participating in social good and supporting those who are planting seeds of change no matter how big or how small. #MAKEYOURMARC encapsulates this belief. Its goal is very simple…to inspire, encourage, recognize and help fund activities of real life role models who do extraordinary work in their chosen field while giving them a platform to share their story and inspire others.
We are looking to celebrate real women making their marc & inspiring real change. Women who are making positive impact in the community, education, arts, entrepreneurship, human rights, health, technology, philanthropy, volunteerism and more. The #MAKEYOURMARC executive committee will review nominations monthly and select those women who they believe are making a difference, are in need of funds and the level impact the program/business has had. You will be notified via email if you or someone you have nominated has been selected to receive a grant. As Marc defines his legacy, he’s doing it by supporting women who are doing the same.
#MAKEYOURMARC is looking for a woman who is making her mark, while inspiring others to do the same. If you are selected, you will receive a grant for your business, non profit, or charity (the amount of the grant shall be determined in the discretion of the executive committee), Marc Fisher footwear (not to exceed 2 pairs of shoes) and have your story and program featured on the Marc Fisher website, public relations activities and social media.
SUBMISSIONS: For purposes of this Agreement, the term “Submission” shall refer to any and all content, media and materials you submit to Marc Fisher including images or photographs, verbal or written statements, movie films, videotapes and/or sound recordings, or any part thereof, and in the event you are selected, any and all materials described in Section 4 below, and any other materials submitted to Marc Fisher.
You hereby acknowledge that, in consideration of Marc Fisher providing you with an opportunity to be considered for the #MAKEYOURMARC award, you hereby consent and agree to the following:
1. I represent and warrant the following:
a. My Submission is my original work, it has not been copied from others, and it does not violate the rights of any other person or entity.
b. My Submission does not contain any copyrighted material, unless the material is owned by me. I own all rights in and to my Submission including copyrights, digital rights and publicity rights. I also warrant that I have obtained any and all necessary releases, authorizations, permissions, rights and licenses from anyone featured in the Submission.
c. My Submission does not contain any defamatory, obscene or otherwise unlawful matter or depict any illegal, immoral or lewd act, any violent or pornographic material or any other inappropriate content such as illegal drug use, nudity or hate speech and will not reflect adversely on Marc Fisher.
d. I am over 18 years of age and have the full right to enter into this Agreement in my own name and have no conflicting contractual, employment or other obligations that would interfere with my ability to perform the services required or grant the rights herein granted, or if I am providing the Submission on behalf of a third party, such third party is over 18 years of age and has the full right to enter into this or a similar Agreement in their own name and has no conflicting contractual, employment or other obligations that would interfere with their ability to perform the services required or grant the rights herein granted.
e. I state further that I have read the above authorization and release, prior to its execution, that I am fully familiar with the contents thereof, that I understand the term of this Agreement is perpetual and without expiration, and that my participation in the contest and the execution and delivery of this Agreement and waiver is undertaken freely and voluntarily.
2. Marc Fisher in its sole discretion, reserves the right to disqualify any Submission it deems inappropriate or offensive.
3. I understand that Marc Fisher is not obligated to use my Submission.
4. In the event I am selected as an award recipient, I further agree to the following:
(a) I consent and agree that Marc Fisher and its affiliates, subsidiaries, agencies, and their respective legal representatives, successors and assigns, shall have the worldwide and perpetual right to publish, scan, edit, crop, reformat, resize, view, broadcast, distribute, duplicate or/or use or make derivative works from my Submission, without any additional financial or other compensation, for the foregoing purpose of publicity in connection with the Marc Fisher brand, in conjunction with my name.
(b) I hereby waive all claims for any compensation for use or for damages. I forever discharge Marc Fisher and its affiliates, subsidiaries, agents, representatives, customers, and their respective successors and assigns, from any and all liability, claims, losses, costs, expenses or damages for libel, slander, invasion of privacy, conversion, defamation, appropriation of likeness, violation of rights of publicity or rights of copyright or any other claim based on the use of my name, voice, statements, writings, image, photograph or likeness, in any of the above described materials.
(c) I understand and agree that I have no right to approve or control the manner in which my Submission may be used or displayed and hereby waive any right that I may have to inspect and/or approve any the use to which my Submission may be applied (or not used, as Marc Fisher may determine, in its sole discretion). I acknowledge and agree that Marc Fisher shall have the unlimited right to vary, change, alter, modify, add to or use portions of my Submission, together with any material of any kind.
(d) I will complete a Q&A provided by Marc Fisher about my platform/program and how I am “making my marc”.
(e) Marc Fisher shall have the right to solicit press interviews/stories on my behalf and I will grant up to three (3) interviews solicited by Marc Fisher.
(f) I will support Marc Fisher and the #MAKEYOURMARC program on my top three (3) most influential social feeds with no less than (3) posts on each. Feeds to be evaluated based on reach are Facebook, Instagram, Twitter, Pinterest, Tumblr, Linkedin. All posts to call out Marc Fisher social channel names & hashtags. I will allow Marc Fisher to include links to my webpage/social media pages on any of Marc Fisher’s website/social media sites.
(g) If requested by Marc Fisher, I will attend a photo shoot and/or #MAKEYOURMARC recipients luncheon in NYC. Marc Fisher agrees to provide coach class travel for one (1) to such event.
(h) If requested by Marc Fisher, I will allow a camera crew to come to my organization or hometown to be shot and featured in a short film about my Submission and platform.
(i) I agree to provide three (3) photos to Marc Fisher, which may be used by Marc Fisher pursuant to the terms of this Agreement.
(j) I agree to submit two (2) impact reports that show how funds awarded are being spent. One six (6) months after receipt of contribution and one twelve (12) months after receipt of contribution.
(k) I agree and acknowledge that in the event I, or any other recipient of the contribution made under the terms of this Agreement, engage in any action that Marc Fisher determines, in its sole and absolute discretion, is harmful to the Marc Fisher brand, the Marc Fisher shall have the right to terminate this Agreement immediately on notice and shall have the right to a refund of all contributions made on notice to me and/or any other recipient of the contribution made under the terms of this Agreement.
5. This Agreement is binding on my heirs, successors, assigns and me.
7. In the event I have provided this Submission on behalf of someone else, I agree and acknowledge that such third party must sign an Agreement that is substantially the same as this one in order to be eligible to receive any award or grant if selected by the executive committee.