HNF Autism's Got Talent Terms & Conditions

1. HNF Autism's Got Talent (“the Contest”) is open to all Michigan residents 25 years old or younger diagnosed with autism spectrum disorder; submissions may be made by guardians, parents or friends on behalf of an otherwise qualified and authorizing participant(“the Contestants”). Individuals who submit entries on behalf of a Contestant (A) represent and warrant the Contestant (or guardian, as applicable) authorized them to make such entry under these Terms and Conditions and (B) agree to bound by §16 of these Terms and Conditions as a Contestant for purposes of the foregoing representation and warranty.

2. Contest will be run by Hope Network Foundation = we, us, our or HNF throughout these Terms and Conditions.

3. By entering the Contest the Contestants accept these Terms and Conditions together with any specific instructions and terms for the Contest which may be mentioned on-air, in any electronic messages, or on the website, or communicated to Contestants in any other way (“Contest Information”). Such Contest Information shall prevail in the event of there being any inconsistency between these Terms and Conditions and any Contest Information.

4. We may cancel or amend the Contest, Contest Information, or these Terms and Conditions without prior notice. Any changes will be posted either within the Contest Information or these Terms and Conditions. These Terms and Conditions were last updated Wednesday, April 19, 2022.

5. Our decision in all matters to do with the Contest and Contestants will be final and no correspondence will be entered into.

ENTRY

6. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:

(a) Our employees and employees of Hope Network affiliates;

(b) Member of the Judges Panel (as defined below); or

(c) Any company involved in any capacity in the production or sponsorship of a program to which the Contest relates.

7. The Contest opens at March 22, 2022 at 5pm EDT. The closing time and date for receipt of entries is April 30, 2022 at 11:59pm EDT.

8. Contestants are free to submit as many individual entries as they wish and each entry will be judged separately. However, Contestants can only be shortlisted and selected once as a Finalist (as defined below). For each Contestant with respect to their entries, the highest scoring entry will be used.

9. To enter the Contest, Contestants must do the following:

(a) Register an account and upload and submit their video entry. Video files created using most digital cameras, camcorders and mobile phones such as in the .AVI, .MOV, .WMV, and .MPG file formats, are generally accepted as we are able to play, post, embed, and/or reformat in our sole discretion.

(b) Read and accept the terms and conditions and provide additional contact details so we can contact you if you are selected as a Finalist. Your details will be used solely for the purpose of administrating the competition.

10. A Contestant’s video entries must be entirely original to the Contestant, feature only the Contestant’s voice and not include the voice or other sounds made by third parties/people not shown in the submission or authorized under these Terms and Conditions. All submissions must include the Contestant; duet and ensemble acts must highlight the Contestant with autism as the principal performer(s) performing for the duration of the act.

11. Entries must be completed in accordance with the entry process set out above. No other method of entry will be accepted. Entries which do not meet these criteria may not be considered.

12. Entries will not be complete until Contestants have uploaded their video entry and accepted these Terms and Conditions. We reserve the right to disqualify any entries submitted and/or finalized after the Contest has closed.

13. The Contestant must keep a digital or hard copy of their video entry. If required, Contestants must supply the original recording of their video entry for use in connection with the Contest, including (but not limited to) for potential broadcast online or transmission by any electronic means.

14. All video entries will be subject to moderation. We and/or their agents have absolute discretion to accept or reject any video entry and to remove any video entry already accepted without giving reasons for the decision. We may in particular refuse to upload any video entry or disqualify any entry or Contestant for the following reasons:

(a) inclusion of defamatory or malicious content, including but not limited to contraband use, drug or alcohol abuse, vulgar or sexual remarks, implication or innuendo;

(b) inclusion of content in video entries to which someone else owns the copyright or other intellectual property rights, such as music, singing, trademarks, logos, insignia, location signage, sculpture, posters, pictures, photographs or other artwork, music tracks, snippets of copyrighted program, or films made by other users, without the requisite authorizations;

(c) failure to respond timely to our request for a script or lyrics to video or Contestant eligibility (age, residence, and/or autism spectrum diagnosis); or

(d) breach of these Terms and Conditions.

15. By entering the Contest Contestants warrant that all information submitted by them is true, current, and complete. Contestants also warrant that they are the copyright owners of their video entries which must be original works and must not infringe the intellectual property rights, privacy, or any other rights of a third party.

16. By entering the Contest, Contestants understand and agree that:

(a) the Contestants grant us a worldwide, royalty free, perpetual, irrevocable, sub- licensable and transferable license which shall be exclusive for worldwide broadcast online and non-exclusive for all other forms of media to use their entries for whatever purpose including, without limitation, in connection with (i) any program produced in relation to the Contest or containing any information in relation to the Contest, including, without limitation, promotion and redistributing part or all of any such program (and derivative works thereof), and (ii) our internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, internet protocol, wireless or interactive platforms or interfaces) through which we distribute content to end users, whether now existing or hereafter developed in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit, payment, or other obligation to Contestants. For the avoidance of doubt, these rights include, without limitation, the absolute right to edit and/or alter any entry, distribute and synchronize all or any portion of any entry in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of any entry; to encrypt, encode and decode, and compress and decompress all or any portion of any entry; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of any entry; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of any entry; and to excerpt and/or extract portions of any entry in order to host, store, index, categorize and display entries on or through the Platforms. We reserve the right to use (or not use) Contestants’ entries at all and/or as little of the entry as we so choose;

(b) the Contestants indemnify the Contest Parties (defined below) from any claim in respect of their entry;

(c) to the extent permitted by applicable law, the Contestants unconditionally give us their consent to any act or omission that would otherwise infringe on any moral rights they may have in and in relation to their entries, and they undertake that they will not institute, maintain or support any claim or proceeding for infringement of any moral rights you they may have in and/or in relation to their entries.

17. None of our personnel (including our employees, officers, servants, agents) or any other party or organization [including their, employees, officers, servants, agents] involved in the management, promotion, or administration of the Contest or entries, or implementation of any prize (or their agents or subsidiaries involved in any way in the Contest or any prize, including but not limited to Hope Network affiliates) (together the “Contest Parties”) will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by us or any third party), virus, bugs, or other causes outside the control of the foregoing personnel. Proof of submission online is not proof of receipt by us.

18. Any entries which are incomplete, incorrect, inaudible, incomprehensible, may be void.

19. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry, or the operation of any part of the Contest, or the interpretation of these Terms and Conditions, the decision we make shall be final and no correspondence will be entered into.

20. We will not be liable to reimburse any expenses incurred in entering the Contest.

21. We reserve the right to disqualify any Contestants and/or entries which it believes have not been made in compliance with these Terms and Conditions or to disqualify any Contestant found to have tampered with the entry process or the operation of the Contest or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person.

FINALISTS & PANEL WINNER

22. We will name a judges panel on the HNF Autism’s Got Talent contest page (“Judges Panel”) that will vote to pick a Panel Winner from the eligible entries. The Panel Winner shall not be a Public Winner (see below).

23. Only the Finalists, Panel Winner, and Public Winners will be notified.

24. The Finalists’, Panel Winner and Public Winner first names and surnames may be published.

25. We reserve the right to select an alternative Finalist in the event that a Finalist is unable to be contacted.

PUBLIC VOTE / OVERALL ENGAGEMENT

26. The public will be invited to vote for their favorite video among the eligible Contestants (“the Initial Public Vote”). The voting will open using the below factors.

You may be subject to your standard internet access charges or data charges if you are using a web browser on your mobile phone.

27. We reserve the right to disallow votes if it has reasonable grounds to suspect that fraudulent votes have been cast (e.g., more votes than a human being could possibly submit in the time available without the use of software or other devices designed to make automated votes). We reserve the right to disqualify any entry and/or Finalist who engages in activity which could be designed to unfairly manipulate the outcome of the Public Vote.

28. The ten (10) entries among the eligible Contestants at 12:00am EDT on May 10, 2022 who receive the highest number of public votes, shares, and comments (“Tallied Points”) will be the Finalists. The public will be invited to vote for their favorite video among the Finalists beginning May 12, 2022 (“Final Public Vote”). The three (3) entries among the Finalists who receive the highest number of Tallied Points during the Final Public Vote as of 10:00pm EDT on May 20, 2022 shall be the Public Winners.

29. In the event of an equal number of Tallied Points for ten place for the Initial Public Vote or third place for the Final Public Vote, and any later place, all entries with tied Tallied Points will be judged by our team, who will determine at its sole discretion which entry should win the Contest as a Public Winner. In the circumstance of a tie for the Panel Winner, the Judges Panel shall resolve the tie in its sole discretion.

30. We will take all reasonable steps to contact the Finalists, Panel Winner, Public Winners and other Contestants using the details the Contestant provided when they entered the competition; but in the event of any failure to do so or a Finalist, Panel Winner, Public Winner’s failure to respond within 48 hours of the results of the Initial or Final Public Vote being determined or selection of the Panel Winer, we reserve the right, in our absolute discretion, to select an alternative Finalist, Public Winner, and/or Panel Winner, respectively, from the Contestants.

31. The Public and Panel Winners must be available to take part in interviews and/or any other promotional materials and/or events if reasonably requested by us. In the event that a Winner is not available when required, we reserve the right, in our absolute discretion, to select an alternative Public and/or Panel Winner.

PRIZE

32. The prize comprises of:

(a) All qualified Contestants will receive an autographed copy of Anthony Ianni’s book, Centered: Autism, Basketball, and One’s Athlete Dreams;

(b) Prior to the close of submissions, the Contest Parties will post the prizes to be awarded to each of the Public Winners and the Panel Winner.

33. Contestant acknowledges that any and all prizes from the Contest (a) are non-transferable and are not redeemable for or of any other value or consideration and (b) may be taxable income, which will be sole liability of the Contestant who will indemnify and hold harmless Contest Parties from such income or other taxes applicable to accepting a Contest prize.

34. We will not be responsible for the Contestant’s food and drink, entertainment or travel except for as detailed above or otherwise provided in a separate written and signed agreement.

35. We may in our sole discretion refuse to provide the Prize, or seek its recovery, in the event of non-entitlement under these Terms and Conditions or a Contestant's breach of these Terms and Conditions, fraud, dishonesty, or other inappropriate or improper conduct.

DATA PROTECTION AND PUBLICITY

36. The first names and surnames of the entrants may be posted with their entry video; the first names and surnames of Finalists, Panel Winner, and Public Winners may be available from the date the various Finalists, Panel Winner, and Public Winners are selected for a minimum period of three (3) months.

37. We may exercise our sole discretion to use all Finalists, Panel Winner, and Public Winners’ names, city of residence, images, and their comments relating to the Prize and Contest experience for promotion of the Prize, this Contest, or the Contest Parties, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

38. The information Contestants supply in connection with the Contest (including their personal details):

(a) may be included in a database compiled for the Contest and will be used for the purposes of selecting Finalists, Panel Winner, and Public Winners;

(b) may also be used for inclusion and/or read out in any program produced in connection with the Contest; and

(c) will not be supplied to third parties (other than the Contest Parties) other than as is reasonably necessary to select Finalists, Panel Winner, and Public Winners and administer the Contest.

39. Any personal information provided by the Contestants, will only be used by us in accordance as set forth above or as otherwise provided herein (the Contest’s Privacy Statement).

LIABILITY

40. Nothing in these Terms and Conditions shall exclude or limit the Contest Parties’ liability for death or personal injury caused by their staff or supplier's negligence or for fraud. Subject to this, none of the Contest Parties can accept any responsibility for any damage, loss, injury or disappointment suffered by any Contestant entering the Contest or as a result of accepting the Prize. None of the Contest Parties are responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.

41. None of the Contest Parties promise that the services relating to the Contest will be free from errors or omissions or that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of any Contest Party. We will not be liable in the event that all or any part of the service relating to the Contest is discontinued, modified or changed in any way.

STANDARD TERMS

42. In the event that any Contestant does not, or is unable to, comply with and meet these Terms and Conditions and the Contest Information, we shall be entitled at our sole discretion to disqualify such Contestant, without any further liability to such Contestant. In these circumstances, any prize won by the Contestant may be forfeited. All Contestants must comply with any directions given by any Contest Party including but not limited to any and all relevant laws, rules and regulations, and where applicable.

43. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

44. These Terms and Conditions and the Contest Information shall be exclusively governed by and construed in accordance with the laws of the State of Michigan. Any dispute against Contest Parties regarding these Terms and Conditions must be brought in a court within the State of Michigan, and all parties hereto agree that an action or claim brought in any other forum shall be dismissed as lacking subject matter and/or personal jurisdiction upon the request of a Contest Party.

45. Our team contacted at 616-301-8000 (Hope Network Foundation).