THE LINCOLN’S LEGACY ORAL HISTORY PROJECT FOR INDIVIDUALS AGE 13 YEARS OLD AND UP
ORAL HISTORY SUBMISSION PROGRAM– OFFICIAL RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. The Lincoln’s Legacy Oral History Project for Individuals 13 years old and up Submission Program (the “Program”) begins on August 1, 2013 and ends on July 31, 2014 at 11:59 p.m. EDT time (the “Program Period”). Lincoln Financial Group’s (“Lincoln”) goal in establishing the Program is to highlight President Lincoln’s legacy of freedom and opportunity by collecting the voices of families profoundly influenced by the development of liberty in the United States. It is Lincoln’s hope that these stories will be made available to publish as an anthology, from which all proceeds will be donated to charity.
Individuals opting to submit copies of their oral history project (in various media) to Lincoln (such submissions, “Submissions”), and to the extent allowed by law, grant Lincoln, and each of its affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes (such potential uses by Lincoln shall be referred to collectively hereunder as “Lincoln Use”) without further review, notice, approval, consideration, or compensation. The Program is not a contest, and no prizes shall be awarded. Lincoln does not guarantee that any Submissions will be displayed on www.lincolnslegacy.lfg.com or otherwise used by Lincoln. The purpose of the Program is to highlight Lincoln’s legacy of freedom and opportunity, and Submissions do not reflect the views of Lincoln.
2. In order to submit a Submission to Lincoln for Lincoln Use, the entrant needs to satisfy the following criteria (and by remitting a Submission to Lincoln, the entrant does hereby represent, warrant and covenant that such entrant has satisfied the following criteria):
3. The Program is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Lincoln’s decisions, which are final and binding in all matters related to the Program. Lincoln reserves the right, in its sole discretion, to restrict participation in the program to any person at any time for any reason and/or to disqualify any entry at any time for any reason.
4. ALL EXPENSES AND COSTS ASSOCIATED WITH CREATION OF, OR REMITTING, A SUBMISSION TO LINCOLN INCLUDING, BUT NOT LIMITED TO, RELEASES, CLEARANCES, PHOTOGRAPHY OR VIDEO EQUIPMENT AND ANY OTHER RELATED EXPENSES OR COSTS ARE THE ENTRANT’S SOLE RESPONSIBILITY.
5. Release: By remitting a Submission to Lincoln hereunder, the entrant agrees to release and hold harmless Lincoln, its affiliates, and each of their officers, trustees, employees, volunteers and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage arising from or relating to the Submission (or component thereof) or the Program.
6. Publicity: Except where prohibited, participation in the Program constitutes the entrant’s (and any person appearing in, or contributing to, a Submission) consent to Lincoln and its agents’ use of the entrant’s (and any person appearing in a Submission) name, likeness, photograph, voice, opinions and/or name of school for Lincoln Use in any media, worldwide, without further payment or consideration. Lincoln may alter, amend, edit, or change Submissions.
7. General Conditions: Lincoln reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any technical failures or any other factor beyond Lincoln’s reasonable control impairs the integrity or proper functioning of the Program, as determined by Lincoln in its sole discretion. Lincoln’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software or non-receipt of a Submission; (c) unauthorized human intervention in any part of the Program; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s (or their individual’s) participation in the Program.
9. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Indiana or the appropriate Indiana state court located in Allen County, Indiana; (2) any and all claims, judgments and awards against Lincoln shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Rock Hall in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
10. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, LINCOLN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.