By entering the Design Contest, each participant understands and agrees that the
Company, anyone acting on behalf of the Company, and the Company’s licensees, successors, and assigns, shall have the right, where
permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in
perpetuity and throughout the World, without limitation, their entry, name, portrait, picture, voice, likeness, image,
statements about the Design Contest, and biographical information for news, publicity, information, trade, advertising,
public relations, and promotional purposes. without any further compensation, notice, review, or consent.
By entering the Design Contest, each participant represents and warrants that their
entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If an entry
infringes upon the intellectual property right of another, the participant will be disqualified at the sole discretion of the
Company. If the content of an entry is claimed to constitute infringement of any proprietary or intellectual proprietary
rights of any third party, the participant shall, at their sole expense, defend or settle against such claims. The participant
shall indemnify, defend, and hold harmless the Company from and against any suit, proceeding, claims, liability, loss,
damage, costs or expense, which the Company may incur, suffer, or be required to pay arising out of such infringement or
suspected infringement of any third party’s right. The Company reserves the right to disqualify anyone who violates these
terms, as well as seek all legal remedies available under the law where a participant has caused damage or undermined the legal
operation of the Design Contest.
Each participant agrees to protect, defend, hold harmless, and indemnify the
Company, and its respective successors, assigns, directors, officers, employees, agents, and affiliates (the “Indemnified Parties”) from
and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and
expenses, including, but not limited to, reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly,
directly or indirectly, arising out of or related to (i) any breach of any representation or warranty of the participant; (ii) any breach
or violation of any covenant or other obligation or duty of the participant contained in the Design Contest rules,
guidelines, disclosures, terms and conditions, or under applicable law; (iii) any third party Claims which arise out of, or relate
to or result from any act or omission of the participant; (iv) any use or misuse of the awarded prize money; and (v) any
other applicable category of claims and losses, in each case whether or or not caused in whole or in part by the negligence
of the participant, or any other Indemnified Party, and whether or not the relevant Claim has merit.
Each participant hereby agrees that all disputes arising out of or related to the
Design Campaign shall be resolved finally through binding arbitration before a neutral, mutually-selected arbitrator, pursuant to the
rules of either the American Arbitration Association or JAMS. The arbitrator’s award shall be final, and judgment may be
entered upon it by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration,
unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit
including reasonable attorneys’ fees for having to compel arbitration or defend or enforce the award. By entering this contest,
participants waive their right to have any such dispute decided in a court of law before a jury, and instead are
accepting the use of arbitration. In the event of any legal action to enforce or interpret the terms and conditions of the Design
Contest, the non-prevailing party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert
witness fees) of the prevailing party in such amount as may be determined. In addition, said non-prevailing party
shall pay reasonable attorneys’ fees in enforcing a judgment in favor of the prevailing party post-judgment.
All submissions shall become the sole property of the Company and may not be used
for any other purpose, including, but not limited to, display on websites, business cars, letterhead, posters, and other materials, as
well as buildings, facilities, equipment and in multimedia and other uses.
The Company shall have the right to adapt, edit, modify, manipulate, or otherwise
use any submission in part, or in its entirety, in whatever manner it deems appropriate, in its absolute and sole discretion, and
without limitation.
The Company reserves the right to choose not to use a submission as described in the
contest guidelines.
The Company reserves the right to use any submission for promotional purposes in the
future.
The Company reserves the right to cancel or modify the contest at any time,
including after the submission window is closed.
The Company is not liable, for the purpose of selection notification, in the event
the entrant has provided incorrect,outdated, or otherwise invalid contact information. The Company is not liable if the email
security settings of the participant caused the prize notification to go to the spam or junk folder.
By accepting the prize, the winner hereby grants the Company permission to use the
winner’s name and likeness for any advertising, promotion, and trade without further compensation or remuneration, unless
prohibited by law.
By entering the contest, each participant hereby agrees to accept the decision of
the Company as final and binding.
Any personal information collected shall be used by the Company to contact the
selected participant. The Company shall not sell or otherwise share the information provided via the Design Contest. The information is
only to be used internally. All data collected shall be protected by the same security measures and procedures as the rest
of the data we collect and process on our website. The information collected from participants shall be subject to the
Company’s Privacy Policy, which may be accessed here: https://www.johnhartrealestate.com/legal/privacy-policy.
By entering the Design Contest, each participant affirms that they have reviewed,
accepted, and agreed to all of the terms, conditions, rules and guidelines contained herein.
DRE #01873088
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