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Terms of Use
Welcome to the internet site of Idea Next Step, LLC. Please read our Disclaimer and these Terms of Use carefully before using. Your use signifies your agreement to these terms of use. Member Account, Password and Security. Limitations of Liability. Idea Next Step! Shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions. You and Idea Next Step! Agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Collin, Texas. The failure of Idea Next Step! To exercise or enforce any rights or provisions of the Terms of Use shall not constitute a waiver of such right or provision. You agree that your account is not transferable and any rights to your Idea Next Step ID or contents terminate upon your death. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or forever be barred. AFFIDAVIT OF ELIGIBILITY (Print clearly in English-Proper prize delivery depends on a complete and correct address)
I, being duly sworned, am submitting this Affidavit of Eligibility to Idea Next Step, LLC (“Sponsor”) with the understanding that it will be relied upon by Sponsor in connection with any prize (the “Prize”) that may be awarded to me, subject to eligibility, in the Idea Next Step Contest (the “Contest”) as set forth in the Contest’s Official Rules. 1. I have truthfully completed the Contest Entry Form and have read, understand, agreed and complied and will continue to comply with the provisions of the Official Rules. I have committed no fraud or deception in connection with my participation in the Contest or claiming the Prize. 2. I am a legal resident of one of the 50 states of the United States or the District of Columbia, or the country of Canada. If not, I have provided my citizenship information where requested above. 3. I represent that I am eligible to participate in the Contest in accordance with the eligibility criteria set forth in the Official Rules. 4. I am not an employee or immediate family member or living in the same household of any owner, officer, director or employee of Sponsor or its parents, subsidiaries, affiliates, distributors, retailers, sales representatives or advertising, promotional or fulfillment agencies. 5. I understand that all taxes (including, without limitation, federal, state, and local taxes) on or connected with any Prize that is awarded to me, and the reporting consequences thereof, are my responsibility. If required by law, Sponsor shall be entitled withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. I certify that my correct Social Security number is written above, and I am not subject to backup withholding. 6. I have truthfully completed this Affidavit of Eligibility and the related Liability and Publication Release. I agree to return to Sponsor any Prize which may be awarded to me if any statement made by me in this Affidavit is false. 7. I have been given the full opportunity to review and analyze this Affidavit of Eligibility as well as the provisions of the Official Rules of the Contest. 8. I agree to return to Sponsor immediately upon demand by Sponsor the value of the Prize that has been awarded to me or may be awarded to me if any statement or representation made by me in this Affidavit of Eligibility is discovered or believed to be false or misleading, and I acknowledge and agree that all legal and equitable remedies may be pursued against me in connection therewith. 9. I fully and completely understand all terms of this Affidavit of Eligibility and sign it voluntarily, freely and knowingly. Executed this ____ day of ___________, 2008 Signature _________________________________________ LIABILITY AND PUBLICATION RELEASE I am submitting this Liability and Publication Release to Idea Next Step, LLC (“Sponsor”) with the understanding that it will be relied upon by Sponsor in connection with any prize (the “Prize”) that may be awarded to me, subject to eligibility, in the _____________ Contest (the “Contest”) as set forth in the Contest Official Rules. By my acceptance of the Prize awarded to me by the Sponsor, I hereby grant to Sponsor and its parents, affiliates, subsidiaries and agents (collectively, the “Promotion Entities”) the absolute, perpetual, worldwide right and license, but not the obligation, to use, reproduce, exhibit and display for all purposes my name, testimony, biographical information, photograph, likeness, images and/or recorded voice and other information contained in or related to my entry and/or participation in the Contest (collectively, the “Likeness”) in marketing, promotional and advertising television or radio broadcasts, videos, audiotapes, brochures, on the Internet and/or in other printed or media materials of the Promotion Entities (the “Publicity Materials”) for an unlimited number of times, in perpetuity throughout the universe, without compensation. I waive any right to inspect or approve any Publicity Materials including or accompanying my Likeness. I further release Sponsor from any liability or obligation that may arise as a result of the use of my Likeness, including without limitation, claims for invasion of privacy, infringement of my right of publicity, and defamation (including libel and slander). The statements I have made to Sponsor are true and based on my personal experience. I understand that the entire compensation for use of my Likeness is receipt of the Prize from Sponsor, and I waive any right to residual income, royalties and any other income payment which might otherwise accrue from the use of my Likeness. I, on behalf of myself, my heirs, executors and administrators, do knowingly and voluntarily release and hold harmless each of the Promotion Entities, their respective distributors, retailers, sales representatives and advertising and promotional agencies, and each of their respective owners, directors, officers, employees, agents and advisors (collectively, the “Released Parties”) from and against any liability, known or unknown, fixed or contingent, for any and all claims, demands, losses, injuries and liabilities of any nature whatsoever which I may now or hereinafter be entitled to assert, including but not limited to any death, injury, loss of enjoyment, property damage or other harm or loss of any nature, any claims based on publicity rights, privacy rights, personality rights, “moral rights” or defamation, and any and all taxes levied, assessed, or collected, whether caused by or contributed to, relating to or arising from my participation in the Contest or any contest related activity, the awarding of the Prize, my acceptance, use or misuse of the Prize and/or any other activities I may choose to conduct during or after my use of the Prize, including, but not limited to, any compensatory, direct, indirect, incidental, special or consequential damages. I VOLUNTARILY ASSUME ALL RISKS OF LOSS, DAMAGE OR INJURY THAT MAY BE SUSTAINED BY ME OR ANY PROPERTY OF MINE WHILE USING THE PRIZE. I agree that the above release shall be effective as a full and final general release of all legal claims described in the release, whether I actually know about such claims or not, despite the fact that certain state laws may provide otherwise. I acknowledge that: (i) all income, sales, excise and other federal, state and local taxes relating to or imposed as a result of the Prize is my sole responsibility; (ii) the Prize is awarded “AS IS” and without warranty of any kind, express or implied; (iii) Sponsor is responsible for my inability to accept or use the Prize for any reason; and (iv) Sponsor has the right to substitute a prize of equal or greater value. I have been given a full opportunity to review and analyze this Liability and Publication Release. I have carefully read and understand the scope, facts, and the legal consequences of this Liability and Publication Release and sign it voluntarily, freely and knowingly. I acknowledge and agree that this is a complete release and discharge of all claims and rights of mine against the Released Parties and that no action will be taken by me with the respect to any such claims or rights, it being understood that this Liability and Publication Release shall be binding upon by my heirs, executors, administrators and anyone claiming by or through me. The invalidity and unenforceability of any provision in this Liability and Publication Release shall not effect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable, this Liability and Publication Release shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained herein. I agree immediately upon demand to return to Sponsor the value of the Prize that has been or may be awarded to me if any statement or representation made by me in this Liability and Publication Release is discovered or believed to be false or misleading, and I acknowledge and agree that all available legal and equitable remedies may be pursued against me in connection therewith. Executed this ____ day of ___________, 2008 _________________________________ Signature THE STATE OF ____________________________ § COUNTY OF ____________________________ § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared ______________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of _________, 2008. NOTARY PUBLIC, STATE OF ____________________________ Print Name of Notary Public Here My Commission Expires: www.ideanextstep.com.......Are you ready for the next step? |