DIXIE BATH CUP PRODUCT TRIAL TERMS AND CONDITIONS
To participate in the Dixie Bath Cup product trial (the “Trial”) conducted by Bauer Advertising Sales, Inc. and Dixie Consumer Products LLC (the “Sponsors”), you must be at least 18 years old and a legal resident of, with a mailing address in, one of the fifty United States or the District of Columbia. Participation in the Trial is not available where prohibited by law. Only one person per family and household may participate in the Trial. Sponsors reserve the right to verify the identity of any person submitting a request to participate in the Trial. Sponsors may terminate or amend the Trial at any time in their sole discretion. The Trial is limited to 250 participants. Void where prohibited.
By participating in the Trial, you agree to fully and accurately complete and return, within the time period specified by the Sponsors, a post-Trial survey that will be supplied by the Sponsors. In addition, by participating in the Trial, you irrevocably grant to the Sponsors and their parent companies, affiliates, subsidiaries, promotional partners and agents, and those they may designate from time to time, and each of their assigns, successors, designees and licensees (all of the foregoing, the “Sponsor Entities”), without limitation, the right to use, reproduce and disseminte your name, photograph, likeness and biographical information, and your Survey responses (either individually or in aggregate form) and excerpts thereof, in connection with the development, advertising, marketing and promotion of the Sponsors and their products, in all media and formats whether now known or later developed, throughout the world, in perpetuity, without further compensation or notice, unless prohibited by law. Without limitation of the foregoing, the Sponsors will have the right to display your Survey responses, in whole or in part, on the Sponsors’ websites for public viewing and/or comment. By participating in the Trial, you release and agree to hold harmless each of the Contest Entities and their officers, directors and employees from and against any claim, liability or damages of any kind or nature, including any claim based on violation of the rights of privacy or publicity, based, in whole or in part, on the exercise of the rights granted herein.
By participating in the Trial, on behalf of yourself and your heirs, executors, administrators and assigns, and all members of your household and/or family that participate in the Trial or utilize products provided to you as part of the Trial, you hereby irrevocably release, discharge, hold harmless and absolve the Sponsor Entities and each of their employees, officers and directors, without limitation, from any and all claims, liabilities, losses, suits, actions, demands and damages of any kind whatsoever arising out of the Trial or participation therein, including without limitation any and all claims or liability for personal injury and/or death.
By participating in the Trial, you acknowledge that any and all non-public information concerning the Sponsors or the Trial that you may obtain in the course of participating in the Trial (“Confidential Information”), including without limitation any information concerning the Sponsor’s marketing, advertising or promotional plans, strategies or practices, are confidential and proprietary information of the Sponsor. You agree not to use or disclose to any third party at any time any such Confidential Information without the prior express written authorization of the Sponsors.
DISCLAIMER OF WARRANTIES: THE PRODUCTS THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).
These Terms and Conditions shall be construed and governed in accordance with the laws of the state of New York regardless of the conflict of laws provisions of the jurisdiction where you live or any other jurisdiction. You also agree that the proper venue for any dispute pertaining to the Trial shall be the State and Federal Courts located in the County of New York, State of New York.
Your registration for the Trial constitutes your acceptance of these Terms and Conditions. If you do not accept any of the Terms and Conditions, we ask that you not complete our registration process. The Sponsors may revise these Terms and Conditions at any time in their sole discretion. Accordingly, you should review these Terms and Conditions from time to time to check for updates. Your continued participation in the Trial shall constitute your acceptance of any changes. Failure to comply with these Terms and Conditions may result in disqualification from the Trial.