TIME for Kids 2022 Press Club Terms & Conditions
Press Club is provided by TIME for Kids, a division of TIME USA, LLC (“TIME”). By submitting an entry, you agree to be bound by these Terms & Conditions (the “Terms”). Please do not submit an entry if you do not agree to the Terms. NO PURCHASE NECESSARY TO ENTER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES WILL BE RESOLVED PURSUANT TO TIME’S DISPUTE RESOLUTION PROCESSES IN SECTION 11 BELOW, WHICH REQUIRE INDIVIDUAL ARBITRATION AND WAIVER OF YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. Eligible minors (each a “Minor”) may only participate with the express written permission (i.e., the signed entry form) of their parents or legal guardian or teacher. For purposes of these Terms, only adults aged 18 and over will be considered the “Entrant” and their Submission (as defined below) will be deemed to be made on behalf of themselves and the Minor. You do not have to be a TIME for Kids subscriber to enter. Entrants agree that if their Submission (as defined below) is selected they will provide any information or consents necessary to verify eligibility, as may be requested by TIME. TIME reserves the right to disqualify any Entrant if the Entrant provides false or incorrect information.
2. HOW TO PARTICIPATE: Parents, guardians, and teachers may submit an entry (a “Submission”) for a minor through online submission. Simply go to timeforkids.com/tfkpressclub (the “Website”) and follow the instructions on the Website to complete the program entry form (the “Entry Form”). Any Submission cannot have been previously published, plagiarized or copied. If any permissions or releases are necessary from subjects in your Submission, you must obtain them prior to submission.
Submissions will be reviewed on a rolling basis. TIME is not responsible for late, illegible, or incomplete Submissions, or Submissions not received for any reason. Submissions become sole property of TIME, and none will be acknowledged or returned.
3. SUBMISSION REQUIREMENTS: In addition to the criteria above, each Submission must:
(a) Not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person.
(b) Not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations.
(c) Not contain any content, material or element that displays any third party influencer, advertising, slogans, logos, trademarks, or which indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Contest.
(d) Not contain any content, element or material that violates a third party’s publicity, privacy, non-disclosure/confidentiality, or intellectual property rights, or other rights of any person or entity.
By entering, Entrant represents that the Submission is original to Entrant and does not defame or infringe upon the rights of privacy, intellectual property rights, or any other rights of any third party, and that the Entrant owns or has the rights to convey all right and title in such materials to TIME as contemplated hereunder. In addition, by entering, Entrant grants to TIME a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish, and otherwise use, at any time, Entrant’s name, age, location, likeness, and any other information or materials provided to TIME in any and all media for possible editorial, promotional or advertising purposes in connection with the Submission or TIME for Kids Press Club, without further permission, notice, or compensation (except where prohibited by law). Entrant agrees that TIME is not responsible for any unauthorized use of Submissions by third parties. TIME does not guarantee the posting or use of any Submission. TIME reserves the right to disqualify any Submission that does not meet the Submission Requirements as determined by TIME in its sole discretion.
4. SELECTION OF SUBMISSIONS FOR PUBLICATION: Eligible Submissions received by TIME will be reviewed and considered by TIME for Kids editors based on a variety of factors including, without limitation, creativity, good humor, artistic merit; and other factors determined by TIME in its sole discretion. Each selected Submission chosen by TFK may be modified or edited by TIME for Kids editors prior to publication, in their sole discretion, and will be published in an upcoming issue of TIME for Kids magazine or the timeforkids.com/time.com websites and/or any other TIME for Kids digital and social media platforms and properties. There will be no compensation for any published Submissions and Entrants will not be notified that their Submission is selected for publication. Entrants acknowledge that judging of this kind is by its nature subjective and determinations of judges are final and binding. TIME reserves the right to require parents or legal guardians or teachers whose Submissions are selected for publication to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by TIME, as a condition of publication.
5. INTELLECTUAL PROPERTY & LIKENESS RIGHTS: As a condition of submission, each Entrant hereby assigns to TIME all right, title and interest in and to such Submission and the contents thereof, which TIME may use as described in these Terms and for any other purpose, in its discretion. Each Entrant waives all moral or other similar rights they may have in or to the Submission, and agrees to sign and deliver such further instruments of transfer and ownership of the Submission as TIME may reasonably require. Each Entrant agrees that the TIME Entities will not have any duty or liability with respect to the infringement or protection of copyright (or other intellectual property rights) in and to the Submission. In addition, by entering, Entrant grants to TIME a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use the Minor’s name and any other information provided by Entrant, including biographical information about Minor, and any images, videos, or other materials including Minor’s image or likeness, in each case solely to the extent provided as part of a Submission, in any and all media for possible editorial, promotional and advertising purposes, without further permission, notice, or compensation (except where prohibited by law).
7. WARRANTY AND INDEMNITY: Each Entrant represents and warrants that (a) they are 18 years of age or older as of the date of submission; (b) they are the parent or authorized legal guardian of the minor named in the Submission (or if not the parent or legal guardian, a teacher or school administrator who has obtained the permission of the Minor’s parent or legal guardian), and agrees to these Terms on their own behalf and on behalf of the Minor, and guarantees that the Minor shall not at any time disaffirm these Terms by reason of the Minor’s age, and (b) its Submission(s) complies with these Terms, including without limitation Sections 3 and 5. Entrants agree to hold TIME and its promotional partners, its directors, officers, employees and assigns harmless for liability, damages, or claims for injury or loss to any person or property relating to, in whole or in part, directly or indirectly, their breach of the warranties in this Section 7, or their Submission or other data or content provided to TIME, including TIME’s acceptance and/or subsequent use or misuse thereof, and including claims based on publicity rights, defamation, or invasion of privacy. As between Entrant and TIME, Entrant shall be responsible for, and indemnify and hold TIME harmless from and against any claim by or on behalf of a third party in connection with, or resulting from, any act or omission related to any of the information or materials submitted as part of any Submission.
8. LIMITATION OF LIABILITY: TIME and the TIME Entities are not responsible for: (a) any Submissions received through impermissible or illegitimate channels, all of which will be disqualified; (b) any (i) malfunction, (ii) late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Submission, or (iii) limitations on a Entrant’s ability to participate due to technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, software, or the Internet; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the submission process; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of Press Club or the processing of Submissions. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, but in no event attorneys’ fees; and Entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Under no circumstances shall any Submission, the selection of any Submission for publication, or anything in these Terms be construed as an offer or contract of employment with either TIME, TIME for Kids, or the TIME Entities. Entrants acknowledge that no confidential, fiduciary, agency, or other relationship now exists between Entrant and TIME or the TIME Entities and that no such relationship is established by Entrant’s Submission. Entrant’s rights and remedies in the event of any breach of this Agreement are strictly limited to the right, if any, to recover damages in an action at law, and Entrant acknowledges that the remedy of money damages is adequate. Entrant will not be entitled by reason of any such breach, and may not seek, any equitable relief, whether injunctive or otherwise, with respect to any rights in any Submission or any grant to or exercise by TIME of any of rights hereunder.
10. CHOICE OF LAW & DISPUTE RESOLUTION: To the extent permitted by law, these Terms shall be governed by, subject to and construed in accordance with the laws of the State of New York, USA, excluding all conflict of law rules. All disputes between Entrant and TIME of whatsoever kind or nature arising out of these Terms, shall be subject to TIME’s standard Terms of Service available at http://time.com/privacy/privacy_terms_service.html (the “TOS”). As further set forth in the TOS: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
11. MISCELLANEOUS: If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Last Modified January 11, 2022