FANWALL SUBMISSION REQUIREMENTS
Submissions may not contain, as determined by MAFO – Gestão de Carreiras de Atletas Lda (MAFO), at its sole discretion, any content that:
– is sexually explicit or suggestive; unnecessarily violent or derogatory toward any ethnic, racial, gender, religious, professional, or age group; profane or pornographic; contains nudity;
– promote alcohol, illegal drugs, tobacco (or the use of any of the above); promote any specific political agenda or message;
– is obscene or offensive; endorses any form of hate or hate group:
– defame, misrepresent, or contain derogatory comments about other people or companies;
– contain trademarks, logos, or commercial images (such as packaging)
distinct or exterior/interior of buildings) owned by third parties, without permission; contains any personal identification, such as personal names or email addresses;
– contains copyrighted materials belonging to third parties without permission;
– contains materials that incorporate names, likenesses, voices, or other identifying features of any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
– contains lookalikes of celebrities or other public or private figures, living or dead;
– communicates messages or images inconsistent with the image and/or goodwill we wish to associate with; and/or
– violates any law.
Participants who post a video agree to comply with YouTube’s Terms of Service located at http://www.youtube.com/t/terms, including YouTube’s Community Guidelines at www.youtube.com/t/community_guidelines and the Privacy Policies located at http://www.youtube.com/t/privacy_at_youtube specific to your localized version of YouTube.
Submissions must be the original work of the entrant and must not have been previously published, must not have won previous awards, and must not infringe the copyright, trademarks, privacy rights, publicity rights, or other intellectual property or other rights of any person or entity. If a submission contains any material or elements that are not the property of the participant and/or are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission, any and all necessary authorizations and consents to permit the use and display in the manner set forth in these Terms and Conditions, including, without limitation, name and image permissions from any person appearing or identifiable. MAFO reserves the right to request proof of such permissions, in a form acceptable to MAFO, from any participant at any time. Failure to provide such proof, if requested, may render the submission null and void.
By submitting an entry, the participant warrants and represents that he or she and any persons appearing or identifiable in the entry consent to the submission and use of the entry as set forth herein.
By submitting an entry, the participant acknowledges and agrees that MAFO may receive many entries in connection with this fan wall and/or other fan walls staged and/or promoted by MAFO, and that such entries may be similar or identical in theme, idea, format, or other aspects to other entries submitted in connection with this fan wall and/or other fan walls staged and/or promoted by MAFO or submitted for other reasons, or other materials developed by Miguel. format, or other aspects to others submitted in connection with this fanwall and/or other fanwalls sponsored by MAFO or submitted for other reasons, or other materials developed by Miguel Oliveira or MAFO. The participant waives any and all claims that they may have had, may have, and/or may have in the future, that any submission and/or other works accepted, reviewed, and/or used by the participant may be similar to their submission, or that any compensation is due to the participant in connection with such submission or other works used by Miguel Oliveira or MAFO.
By submitting an entry, the participant grants permission for it to be published on the website. The participant agrees that neither party (as defined below) is responsible for any unauthorized use of submissions by third parties. They do not guarantee the publication of any submission and may remove a published submission at any time.
LICENSING OF SUBMISSIONS / GRANTING OF RIGHTS
By participating in the “fanwall”, and to the extent permitted by law, participants: (i) grant MAFO a worldwide, royalty-free, irrevocable, non-exclusive (including the right to sublicense to third parties), unconditional, fully paid and transferable sublicense/license to use their first name and last name, and to create derivative works from all submissions (whether accepted or not, regardless of the form they take, and including, without limitation, any and all copyright, trademark, contract and licensing rights, moral rights or “droit moral”, and other intellectual property rights and property rights in Submissions) for MAFO; (ii) agree that MAFO may license and assign all such rights to Miguel Oliveira and others (collectively, “Licensees”); (iii) grant MAFO and the Licensees the absolute right and permission to edit, modify, cut, rearrange, add, delete, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple levels), post, broadcast, publicly perform or display, adapt, exhibit, and/or otherwise use or reuse or exploit (without limitation as to when or how many times it is used) the content and elements incorporated in the submissions and the entries themselves in perpetuity (except in France, for the duration of the rights), in any and all media, including but not limited to digital and electronic media, television, cinema, computer, DVD, CD, the competition website(s), print, audio and audiovisual media (whether existing now or developed in the future), in any language, worldwide, and in any manner, for merchandising, advertising, “fanwall”, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation to the participant or any third party; (iv) shall execute and deliver, at MAFO’s expense, any documents requested by MAFO or as necessary to grant MAFO the rights and waivers provided herein; (v) agree that email may satisfy any written requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the above rights; (vi) waive and release any third parties from any and all claims that participants may now or in the future have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition in connection with MAFO’s exploitation of submissions without additional compensation of any kind to participants; (vii) agree not to instigate, support, maintain, or authorize any action, claim, or proceeding against MAFO or the Licensees, or any other person, based on the fact that any use of any submission, or any derivative work, infringes or violates any of the participants’ rights; and (viii) agree that MAFO and the Licensees shall have the right and permission to use a participant’s name, photograph, Twitter (if applicable), testimonial, or other likeness or personal appearance of a participant (and/or any edited portion thereof) for fanwall, promotional and/or advertising purposes in any medium now known or later developed, worldwide, in perpetuity, without compensation, notice, or further consent from any participant, to the extent permitted by law. Participants also agree that MAFO may have access to, may have created, or may in the future create projects, ideas, and concepts that may be similar or resemble their submission, and that he/she will not be entitled to any compensation or right to negotiate with MAFO due to such similarities or resemblances.
LIMIT OF LIABILITY
Each participant in the fanwall accepts the conditions set forth in these Terms and Conditions, agrees to abide by MAFO’s decisions, warrants that he or she is eligible to participate in this fanwall, and agrees, subject to applicable law, to release, indemnify, and hold harmless the third parties and each of their parent companies, divisions, subsidiaries, affiliates, advertising, fanwall, and public relations agencies, and their respective directors, officers, representatives, and agencies from any and all claims, losses, liabilities, and damages of any kind (including payments to legal representatives and other expenses of any kind) against any of them, any injury, damage, death, loss, or accident to person or property, or the violation by the respective participants of any agreement or warranty associated with the fanwall, including these Terms and Conditions. Any attempt to deliberately damage any website or undermine the legitimate functioning of the fanwall is a violation of criminal and civil laws, and should such an attempt be made, those involved and each of their licensees reserve the right to seek all available remedies from any person responsible for any such attempt, to the fullest extent permitted by law.
Unless otherwise provided by the laws applicable to the participant’s place of residence, this fan wall is governed by the laws of Portugal and is subject to all applicable local laws. Any and all legal actions or claims arising from this fan wall shall be brought before a court of competent jurisdiction in Portuguese territory.
INTERNET
Participants also agree that MAFO, its licensees, and any of their respective parent companies, subsidiaries, affiliates, and each of their respective directors, shareholders, agents, and employees (collectively, the “Third Parties”), as well as any Internet service providers, are not responsible for the following: (a) electronic transmissions; submissions that are lost, late, stolen, incomplete, damaged, misrepresented, destroyed, misdirected, or not posted or received by MAFO or its agents for any reason; (b) any technical problems or malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt, or processing of submissions or related materials, or for the destruction of or unauthorized access to, or alteration of, submissions or related materials; (c) failed or unavailable hardware, network, software, or telephone transmissions; damage to participants’ computers or to any person and/or their contents related to or resulting from participation in this fanwall; or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this fanwall; (e) any submissions sent in a manner not expressly permitted by these Terms and Conditions (all such submissions will be disqualified); (f) any printing errors in these Terms and Conditions or in any advertisements or correspondence in connection with this fanwall.
MAFO reserves the right, in its sole discretion, to cancel or suspend this fanwall, or any part of it, if viruses, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper operation of the fanwall. In such cases, a notice to that effect will be posted on the website. If, in MAFO’s opinion, there is any suspicious or actual evidence of electronic or non-electronic tampering with any part of the fanwall, or if technical difficulties compromise the integrity of the fanwall, MAFO reserves the right to void suspicious submissions and/or terminate the fanwall.
PERSONAL DATA
Any submission or participant information collected in the fanwall must be used only in a manner consistent with these Terms and Conditions and MAFO’s Privacy Policy. Each participant expressly agrees to the use of their personal information for that purpose. The following information will be collected from each participant for the administration of the fanwall and may also be used by the parties involved and their affiliates to contact participants: first name, last name, and email address. They will not sell, share, or disclose the collected information in any way to third parties, except to those parties necessary to fulfill the purposes above, unless the participant has given prior and express consent to receive additional information from the parties involved or from third parties.
Participants have the right to access, modify, and delete their personal data. To exercise this right, the participant may write to MAFO’s Privacy Office at [email protected] (“Data Controller” and “Data Recipient”). Please note that participants’ data will be transferred outside each eligible country to the United Arab Emirates, which provides an adequate level of protection in accordance with EU data protection regulations, for the purpose of administering this fanwall. All reasonably necessary steps will be taken to ensure that participants’ personal information is handled securely and in accordance with MAFO’s Privacy Policy and these Terms and Conditions in relation to such transfer, but no steps will be taken to ensure compliance with the applicable provisions of the laws of the participants’ country of residence. By participating in the fanwall, participants expressly agree to such transfer.
COUNTRY-SPECIFIC NOTICES
If any provision of these Terms and Conditions is invalid under the laws, rules, or regulations of a particular country, the invalidity of that provision shall not affect the validity of the remaining provisions.
© 2018 MAFO – Gestão de Carreiras de Atletas, Lda. All rights reserved. MAFO, the Miguel Oliveira #44 brand, and related brands, names, and logos are the property of MAFO or Miguel Oliveira and are registered and/or may be used worldwide. All other trademarks are the property of their respective owners.
