The Smarties Awards - Terms & Conditions of Participation | Mobile Marketing Association

General.  Each entrant (“Entrant”) may choose to submit to the MMA their campaigns, products, works, and other materials (“Submissions”) to be considered for The Smarties Awards program.  By submitting Submissions to the MMA, each Entrant agrees to the following terms and conditions. 

Submission Guidelines. For judging criteria and eligibility rules, please review The Smarties Submission Kit, available at http://www.mmaglobal.com/smarties.  Any decisions of the judges are final on all matters pertaining to The Smarties.  All Submissions for The Smarties are subject to all applicable federal, state, local, provincial and municipal laws and regulations. The winners of The Smarties who do not attend the awards ceremony will be notified within approximately seven (7) days after the date of The Smarties Awards ceremony. If the MMA is unable to contact the potential winner, or if the potential winner fails to respond within three (3) days of first attempted notification, the award may be forfeited and an alternate winner may be selected. The winner may be required to execute and return an affidavit of eligibility and liability/publicity release within seven (7) days following the date of first attempted notification. Non-compliance within this time period may result in disqualification and selection of an alternate winner. Return of any award notification as undeliverable may result in disqualification and selection of an alternate winner. The MMA reserves the right not to award categories which, in the sole judgment of the panel and administrators, did not elicit Submissions up to top industry standards. 

Ownership: All Submissions and any portions thereof become the property of MMA and cannot be returned.  The trademarks, copyright, or other intellectual property rights embodied within the Submissions shall remain the property of Entrants or the third party licensors. To the extent permissible under law, Entrant specifically grants to the MMA and its partners worldwide, royalty-free, irrevocable, and perpetual permission and consent to use, edit, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display the Submissions and Entrant’s name, likeness, statements and/or biographical information, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes in any media, now known or hereafter created, as the MMA sees fit.  Entrant certifies that he or she has full authority to approve the rights granted herein and that he or she has or will secure all necessary licenses and permissions for the use of any music, photographs, or any other materials embodied within the Submissions and agrees to indemnify and hold the MMA and its promotion partners, including their respective directors, officers, and employees harmless from any third party claims asserting rights in the Submissions.  Entrant understands and agrees that the MMA may use the Submissions, among other reasons, for supplemental presentations to educational institutions, trade groups, advertising professionals and the public generally. Entrant understands and agrees that the MMA may charge a fee to third parties for the use of Submissions and that Entrant will not seek to recover any portion of such fees charged. 

Disclaimer of Warranties and Liability.  The MMA is not responsible or liable for any Submissions that are illegible, lost, late, incomplete, stolen, or misdirected; or for any computer, telephone, cable, network, electronic or Internet malfunctions, failures, connections, or availability; or garbled, corrupt or jumbled transmissions or traffic congestion; or any technical, mechanical, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information.  The MMA does not endorse any of the Submissions and makes no representations or warranties with respect to the content of the Submissions.

Winner(s) Use of MMA/Smarties Intellectual Property.  Entrants may not use any MMA or The Smarties intellectual property, including but not limited to copyrights, trademarks, and supporting materials without the MMA’s written approval.  Notwithstanding the foregoing, any winner(s) may use The Smarties name in communicating their awards in self-promotion.  Such use is a limited license and does not constitute any transfer of ownership to any winner(s) of such intellectual property.

Disputes.  Entrant agrees that any and all disputes, claims, and causes of action arising out of or in connection with their Submissions shall be resolved individually, without resort to any form of class action, and any proceeding shall take place in a federal or state court in the state of New York.  These terms and conditions shall be construed in accordance with the law of state of New York, without effect to conflicts of laws.  All claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.  Entrant waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket costs.  Entrant releases and holds harmless MMA, its affiliates, partners, directors, officers, employees, licensees, and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with their Submissions or participation in The Smarties.  Entrant shall fully defend and indemnify the MMA, its affiliates, partners, directors, officers, employees, licensees, and agents from any third party claims relating to their Submissions (including the trademarks, copyright, and intellectual property contained therein) or their participation in The Smarties.  

Miscellaneous.  The invalidity of any provision of these terms and conditions will not affect the validity of any other provision. The MMA reserves the right to amend these terms and conditions at any time, without prior notice.  No Entrant shall have the right to modify or amend these terms and conditions.