theScore – Campus MVP Terms

Updated as of December 1, 2017


THESCORE CAMPUS MVP TERMS

Last Revised: December 1, 2017

  1. ACCEPTANCE OF TERMS

    theScore’s Campus MVP ("Campus MVP") is coordinated by Score Media Ventures Inc. and/or its affiliates (collectively "theScore"). Your participation as a Campus MVP is subject to these Campus MVP Terms ("Terms"). theScore may, at its discretion, update these Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the "Terms and Conditions" link at the bottom of each page of the Campus MVP site.

    PLEASE REVIEW THE TERMS CAREFULLY. BY REGISTERING FOR AND PARTICIPATING OR ACCESSING OR OTHERWISE USING THIS SITE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT SIGN UP OR OTHERWISE PARTICIPATE.

    If you are under 13 years of age, you may not apply for or participate to be a Campus MVP. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of your parent or legal guardian before applying to be a Campus MVP or otherwise accessing or using the site. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from participating, or otherwise accessing or using the site under the laws of your country of residence or any other applicable jurisdiction.

  2. PRIVACY POLICY

    In addition to these Terms, theScore's Privacy Policy (http://www.thescore.com/pages/privacy) governs your participation and your access to and use of the site.

  3. PARTICIPATION
    1. Identify and submit three to five (3-5) pieces of content ("Curated Content") per day on your college team that are relevant or trending from a local, collegiate perspective for your school. It can include stories and videos posted online, as well as publicly posted photos and videos from social media channels.
    2. Email the Curated Content to theScore at campusmvp@thescore.com or tag @theScore on social media.
    3. Submit the Curated Content as you discover it, at any time, on any day – don’t wait to send everything at once.
    4. Share theScore’s coverage of your team with your friends.
    5. No requirement to write or create any new content.
    6. No time commitment or assignments.
    7. All submissions are on a volunteer basis.
    8. At theScore’s sole discretion, participants will be designated as a “Campus MVP”.
    9. At theScore’s discretion, theScore may select certain participants to spotlight and feature within theScore’s social media channels.
    10. At theScore’s discretion, participant may receive other tokens of appreciation (i.e. swag, certificate of participation) from theScore.
    11. Your participation must comply with any other guidelines posted or otherwise supplied by theScore with respect to Campus MVP.
  4. REGISTRATION
    1. In registering to be a Campus MVP, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or theScore reasonably suspects that you have done so, theScore may suspend or terminate your participation at its sole discretion.
    2. You are fully responsible for all activities that occur under your account. You may not share any corresponding account or password with anyone. You agree to notify theScore immediately of any unauthorized use of your account or password or any other similar breach of security.
    3. You must be an actively enrolled student at the college or university indicated in your registration form.
    4. Upon receiving your application to participate, theScore will, at its sole discretion, decide whether to accept your application. theScore will notify you at the e-mail address you provided on whether your application to participate is accepted.
  5. RESPONSIBILITY FOR CONTENT
    1. You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials supplied by a participant, whether accessible on or through theScore’s products or services or not, and whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the participant who provided such Content to theScore. This means that you, and not theScore, are entirely responsible for all Curated Content that you upload, post, email, transmit, share or otherwise make available to theScore.
    2. You acknowledge and agree that theScore has no obligation to pre-screen the Curated Content, although theScore reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Curated Content. Without limiting the generality of the foregoing, theScore shall have the right to remove any Curated Content that violates these Terms or that it deems objectionable.
    3. You further acknowledge and agree that theScore may or may not use Curated Content within its products, services, webpages, apps, and/or social media channels.
    4. With regards to the Curated Content you submit, you represent and warrant that: (i) to the extent you are required to do so, you have all necessary right and authority to grant the rights set forth in these Terms with respect to Curated Content; and (ii) the Curated Content does not violate any copyright, trademark, right of privacy, right of publicity, confidentiality or any other right of any third party.
  6. RIGHTS TO CONTENT
    1. theScore does not claim ownership of Curated Content. However, to the extent you have the rights and permissions to do so, you grant theScore and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Curated Content in connection with theScore’s products and services. You understand that the technical processing and transmission of data associated to theScore, including Curated Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
    2. Except with respect to Curated Content, you agree that theScore and its licensors own all rights, title and interest in theScore’s products and services and all materials within. Except to the extent that theScore is expressly precluded by law from prohibiting these activities, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any of theScore’s products, services and any materials therein; (ii) frame or utilize any framing technique to enclose any Content from theScore’s products and services; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with theScore’s products and services; or (iv) access theScore’s products and services for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to theScore’s products and/or services or any products or services offered by theScore. theScore reserves all rights not expressly granted to you.
    3. The names, logos and other trademarks of theScore are identified within theScore’s Trademark Notice, available at http://www.thescore.com/pages/trademarks("theScore Marks"). The absence of any name, logo, icon or other trademark from such list does not constitute a waiver of any intellectual property rights that theScore may have established in such name, logo, icon or trademark. You agree not to display or use in any manner any theScore Mark without theScore's prior written consent. The exclusive rights to theScore Marks are hereby expressly reserved by theScore.
  7. CONDUCT

    In connection with your participation as a Campus MVP, you shall not:

    1. upload, post, email, transmit or otherwise make available any Content that:
      1. is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
      2. may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
      3. infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
      4. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
      5. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
    2. impersonate any person or entity, including, but not limited to, theScore personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
    4. act in a manner that negatively affects the ability of other participants;
    5. act in a manner that negatively affects theScore’s reputation and/or goodwill;
    6. take any action that imposes an unreasonable or disproportionately heavy load on theScore’s products, services or its infrastructure;
    7. interfere with or disrupt theScore’s products and service or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto; or
    8. violate any applicable local, state, provincial, federal, national or international law or regulation.
  8. SUGGESTIONS

    If you elect to provide or make available to theScore any suggestions, comments, ideas, improvements or other feedback relating to any of theScore’s products, services and/or apps ("Suggestions"), theScore shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide theScore any Suggestion that is subject to third party intellectual property rights.

  9. Relationship of the parties

    You acknowledge that the relationship between you and theScore is on a volunteer basis and that you are not to be deemed to be an employee of theScore or any of its affiliates for any purpose. You shall not be entitled to any compensation, remuneration, reimbursements, rights or benefits other than as set forth in these Terms. Likewise, no partnership, joint venture or agency will be created or will be deemed to be created by these Terms or by any action of you or theScore hereunder, and you shall not represent yourself to have or be in any such relationship with theScore. 

  10. Costs and Expenses

    You are responsible for paying all expenses incurred as a result of your participation, including without limitation any airtime service provider, data and/or Wi-Fi costs, and are not entitled to any reimbursement from theScore.

  11. MODIFICATIONS

    theScore reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, Campus MVP (or any portion thereof) with or without notice. You agree that theScore shall not be liable to you or any third party for any such modification, suspension or discontinuance.

  12. TERMINATION AND SURVIVAL

    In the event that you violate these Terms, all rights granted to you under these Terms shall be terminated immediately, with or without notice. theScore, in its sole discretion, may remove and discard any Curated Content at any time. theScore, in its sole discretion, may remove a participant’s “Campus MVP” status at any time. The provisions of the Terms that should by their nature survive termination of the Terms shall survive such termination.

  13. INDEMNIFICATION

    You agree to indemnify and hold theScore and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors (collectively, "theScore Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) participation hereunder; (b) violation of the Terms or any law or regulation; or (c) violation of any rights of another party.

  14. DISCLAIMER OF WARRANTIES

    YOUR PARTICIPATION HEREUNDER IS AT YOUR SOLE RISK. THESCORE’S CAMPUS MVP AND ALL ASSOCIATED WEBPAGES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESCORE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  15. LIMITATION OF LIABILITY
    1. YOU ACKNOWLEDGE AND AGREE THAT THESCORE PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THESCORE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THESCORE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OR YOUR PARTICIPATION EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS (US $50).
    2. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  16. GOVERNING LAW

    For Canadian Residents: The Terms shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.

    For All Others: The Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.

    For All Participants: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.

  17. BINDING ARBITRATION AND CLASS ACTION WAIVER

    ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OR YOUR PARTICIPATION HEREOF, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

    The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

    The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that:

    For Canadian Residents: The hearing will be conducted in Toronto, Ontario, Canada or the city within Canada in which you reside; or

    For All Others: The hearing will be conducted in the County and State of New York or the city within the United States in which you reside.

    The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

    WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THE TERMS OR YOUR PARTICIPATION HEREIN WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:

    FOR CANADIAN RESIDENTS: A COURT OF COMPETENT JURISDICTION IN TORONTO, ONTARIO, CANADA; OR

    FOR ALL OTHERS: THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY.

    YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

    Notwithstanding anything to the contrary, you and theScore may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

  18. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in herein, there shall be no third-party beneficiaries to these Terms.

  19. GENERAL PROVISIONS

    These Terms constitutes the entire agreement between you and theScore concerning your participation herein. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and theScore with respect to such subject matter. The failure of theScore to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. It is the express wish of the parties that the Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.