TIME CAPSULE OFFICIAL TERMS AND CONDITIONS
1. How to Submit. To submit your artifact for consideration for inclusion in the Time Capsule program (the “Program”), visit www.deere.com/ffa75 (“Site”), visit the Site to read the Official Terms, provide your name and email address and upload a photograph of your artifact (“Photograph”) and a short word or video essay about the significance of the artifact for the agricultural industry and how it has assisted in bringing the industry to the current time (“Essay”), and click the “Submit” button. All Photographs and Essays shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Submissions must be submitted in the following accepted file formats: .png, .jpg, mp4 and mov. The artifacts should be representative of the agricultural industry and should be significant in bringing the industry to the current time. Artifacts should be sized under four feet by four feet and should weigh under 100 pounds (each an “Artifact” and collectively, the “Artifacts”). John Deere (“John Deere”) and the National FFA Organization (“FFA”) reserve the right to cancel or modify these Official Terms in its sole discretion. John Deere and FFA shall select seventy-five (75) Submissions and the Artifacts that are the subject of those Submissions shall be included in the time capsule that will be opened in approximately seventy-five (75) years (“Time Capsule”).
By submitting, each submitter warrants and represents the following with respect to their Submission: (a) submitter is the sole and exclusive owner and copyright holder of the Submission; (b) the Submission is 100% original and does not include anything that would require the consent of any third party or that violates any law or any third party right, including any third party copyrighted material, brand names or trademarks or any content that otherwise infringes on the privacy, publicity or other intellectual property or other rights of a third party; (c) any third party whose person or property appears in the Submission has given submitter appropriate consent (which shall be provided to John Deere and FFA upon request thereof) for such person or property to be photographed and used as permitted herein; (d) the Submission is suitable for general audiences (i.e., it may not be obscene or indecent or contain objectionable content, including but not limited to nudity, sexual content, pornography or violent, illegal or profane depictions); (e) the Submission does not contain material that is tortious, defamatory, slanderous or libelous or that promotes bigotry, racism, hatred, harm to any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (f) submitter is the sole owner of the Artifact and has the right to provide the Artifact to John Deere and FFA for inclusion in the Time Capsule.
2. Submission Period and Artifact Submission. The Submission Period begins at 11:00 am Central Time on March 27, 2018 and ends at 3:00 pm Central Time on May 31, 2018 (“Submission Period”). All Submissions must be received by the Submission Period. Artifacts that are selected for inclusion in the Time Capsule must be provided to John Deere by July 31, 2018.
3. License/Usage. By providing a Submission, submitters fully and unconditionally agree to be bound by these Official Terms, which will be final and binding in all matters relating to the Program. By providing a Submission, each submitter grants John Deere and FFA a royalty-free, irrevocable, perpetual license to use, reproduce, modify, publicly perform, distribute, display, publish, create derivative works from, sublicense or otherwise commercially and non-commercially use the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including the Site, John Deere’s and FFA’s other web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.) and any other third party websites, as well as in any other media, such as banner ads, TV commercials, and billboards, and on product packaging without payment, compensation or further notification to or permission from submitter, for any legal purpose whatsoever. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in John Deere and FFA’s sole and absolute discretion. In addition, by submitting, submitters agree to the use of their names, likenesses, biographical information, Submissions and/or statements for purposes of advertising, trade, or promotion without further compensation, unless prohibited by law.
You agree to be solely liable for your Submission and all content contained in it. You hereby waive any moral rights that you may have in your Submission in favor of John Deere and FFA and anyone acting with the authorization of John Deere and FFA.
Receipt of Submissions will not be acknowledged or returned. John Deere and FFA is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Submissions, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by John Deere and FFA.
You hereby represent and warrant that you are at least 13 years of age or older as of the date of submission and that you are located within the United States.
4. Submission/Artifact Guidelines and Restrictions. By submitting, each submitter agrees that his or her Submission conforms to the Submission Guidelines and Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that John Deere and FFA, in its sole discretion, may remove any Submission or Artifact if it believes, in its sole discretion, that the submitter’s Submission or Artifact fails to conform to the Guidelines and Restrictions.
- The Submission must be created by the submitter;
- The Submission must be submitted in the following file formats: .png, .jpg, mp4 and mov.
- The Submission must be 100% original and submitter must be the sole and exclusive owner and copyright holder of the Submission;
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- Any third party whose person or property appears in the Submission has given submitter appropriate consent (which shall be provided to John Deere and FFA upon request thereof) for such person or property to be photographed and used as permitted herein
- The Submission must be suitable for general audiences;
- The Submission must not in any way disparage John Deere and FFA or any other person or party;
- The Submission must not contain material that is or through the use of the services may become inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created; and
- The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- The Artifact should be less than four feet by four feet in size.
- The Artifact should weigh less than 100 pounds.
- The Artifact should not contain any hazardous or dangerous materials.
- The Artifact should be able to be shipped via common carrier to the address indicated in these terms and should not include any items that are prohibited or restricted for shipment via common carrier.
You acknowledge and agree that the Submission may be developed into videos, advertisements or commercials to promote and advertise John Deere and FFA and their products and services. All decisions with respect to selecting and using such Submissions are in the sole and absolute discretion of John Deere and FFA. John Deere and FFA will evaluate Submissions based on adherence to Guidelines and Restrictions. John Deere and FFA are not obligated to select or use any Submissions or to produce any materials containing such Submissions, such determination to be in John Deere and FFA’s sole discretion. Selected Submissions may be featured in various forms of media, such as John Deere’s and FFA’s website, social media channels, exhibitions, signage, conventions, billboards, television, online videos and banner ads, industrial use, on product packaging and the like.
John Deere and FFA shall select seventy-five (75) Submissions and the Artifacts that are the subject of such Submission shall be included in the Time Capsule. In John Deere and FFA’s sole discretion, the name and other details about the submitter may be included in the Time Capsule next to his/her Artifact. Submitters acknowledge that if their Submission is selected, they will be required to mail the Artifact that is the subject of their Submission to John Deere Archives, Attn: Manager, Archives, 1400 13th Street, East Moline, IL 61244 by no later than July 31, 2018. John Deere will pay for shipping costs within the United States. Submitters understand that if their Artifact is selected, the Artifact shall not be returned to the submitter and John Deere shall own the Artifact. All submitters of selected Submissions (and/or their parent/legal guardian if a minor), will each be contacted by email or telephone, and may be required, at John Deere and FFA’s discretion, to complete, sign and return an Affidavit of Eligibility/Publicity Release and Liability Release within a stated amount of time.
5. Indemnification/Release. You agree to indemnify, defend, release and hold harmless John Deere and FFA, each of their respective parent companies, subsidiaries, affiliates, and each of its employees, directors, officers, agents, business partners, contractors, distribution partners and representatives (“Released Parties”) from and against any and all claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you of any of these Official Terms, (ii) any violation of applicable law, (iii) any agreement with a third party to which you are subject, and (iv) Released Parties’ use of your Submission or any content contained in it, including your name, image, likeness, photograph, voice, comments, posts, statements, biographical material or other information, including without limitation any claims arising out of or based upon copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite or edited form of your Submission, name, image, likeness or other information submitted to Released Parties. For the avoidance of doubt, Released Parties shall not be liable for any inaccuracies, technical failures, printing errors, loss, injury, damage, or any other claims arising from your participation in this Program.
6. Additional Terms. John Deere and FFA reserve the right, in their sole discretion, to cancel, change, modify, terminate, or suspend this Program and to add or remove portions from these Official Terms at any time. You are responsible for revisiting this page to review updates to these Terms.
7. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR THE PROGRAM, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE AND ANY OTHER WEBSITES ASSOCIATED WITH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THIS PROGRAM AND THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Disputes; Governing Law. THE PARTIES WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE OFFICIAL TERMS, INCLUDING, WITHOUT LIMITATION, THE PROGRAM. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL TERMS AND/OR THE PROGRAM SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE COUNTY OF NEW YORK IN THE STATE OF NEW YORK.
THESE OFFICIAL TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Terms and/or the Program, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Westchester County, New York. The parties agree not to raise the defense of forum non conveniens.
9. Use of Data. John Deere and FFA collect personal data about submitters online, in accordance with their privacy policies. Prior to submission, please review John Deere and FFA’s privacy policies at https://www.deere.com/en/privacy-and-data/ and https://www.ffa.org/privacy-policy. By participating in the Program, each submitter hereby agrees to John Deere and FFA’s collection and usage of his or her personal information, acknowledges that he or she has read and accepted John Deere and FFA’s privacy policies, and agrees to the Official Terms of this Program.