December 2, 2020 –January 20, 2021
#BAYCLUBHAPPYPLACE INSTAGRAM PHOTO CONTEST
1. Schedule. Photo contest begins December 2, 2020, and ends January 20, 2021, at 11:59 pm PST.
2. Eligibility. Open to all Bay Club members, guests, and fans, 18 years or older. No purchase necessary.
3. To Enter. Share why the Bay Club is Your Place…for the chance to win the ultimate self-care prize! Post a photo at the Bay Club on Instagram, whether it’s a photo or a video (from a public account) with the hashtag #bayclubhappyplace for the chance to win. The fun doesn’t stop there: If the Bay Club reshares your photo on Instagram, we’ll send you some guest passes on us! Must follow @bayclubs on Instagram to be eligible.
4. Entry Restrictions. All entries must be received by 11:59 pm PST on January 20, 2021. Unlimited entries per person. Bay Club associates are not eligible.
5. Prizes. Get your sleep. Stream your happy. Look your best. We’re giving away an Oura Ring ($299 value), iPad ($599 value), Nordstrom Giftcard ($500 value). Only one guest pass will be given for content being reshared.
6. Notification of Winners. One winner will be chosen at random. Winner will be notified via direct message on Instagram by 5:00 pm PST on January 31, 2021. Winner will have 48 hours to claim prize, otherwise a new winner will be randomly chosen.
7. By accepting the prize, the winner agrees to the use of his/her name and photo for entertainment purposes by the The Bay Club Company on all social media platforms, including Instagram and Facebook, without further compensation or notice.
Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.
USER-GENERATED CONTENT TERMS AND CONDITIONS
The Bay Club Company, LLC owns and/or operates various websites (“User-Generated Websites” or “Websites”) that permit users (hereinafter “Users”) to submit or publish content (“User-Generated Content”). Such Websites may include, but are not limited to, blogs, social networks, and comment boards. By registering, accessing and participating in the User-Generated Websites, and by uploading and posting photos, text or other content on our User-Generated Websites, you accept and agree to the following Terms and Conditions for User-Generated Content with The Bay Club Company, LLC and its affiliates, successors, licensees, and assignees (collectively, “the Company,” “we,” “us,” or “our”).
“You” and “your” refer to you, as a User of the User-Generated Websites. A “User” is someone who accesses, browses, crawls, scrapes, or in any way uses our User-Generated Websites. “Content” includes text, images, photos, audio, video, location data, and all other forms of data or communication.
Content must NOT include:
- references to products, trademarks, logos, stores or websites of companies other than the Company;
- content that would infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, unless you have the owner’s express permission;
- another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission;
- material for which you were compensated or provided any consideration by a third party;
- personal contact information for yourself or others;
- corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
- the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to the Company, as determined by the Company in its sole and exclusive discretion;
- content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons;
- content that could give rise to civil liability or otherwise violate any law; and
- content encouraging conduct that is unsafe or dangerous or with any political agenda or message.
If you are under 18 years old, you must have your parent’s/guardian’s permission to access, use, or post on the User-Generated Websites.
We do not prescreen User-Generated Content. However, all Content submitted may be subject to a review and approval process and therefore may not be posted to our User-Generated Websites immediately. We reserve the right, but not the responsibility, to refuse to post or to remove any Content that does not comply with requirements above. Any such refusals are made at our sole discretion, and we shall have no obligation to inform you if your submission was refused. Moreover, as the Content is not prescreened, the Company does not guarantee that our User-Generated Websites will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable.
You acknowledge and agree that the Company does not have any obligation to review User-Generated Content; that the Company is not in any manner responsible for User-Generated Content; that the Company does not guarantee the accuracy, integrity or quality of User-Generated Content; and that the Company cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User-Generated Content will not appear on the User-Generated Websites. You also acknowledge that by providing you with the ability to access, view, and post User Generated Content on the website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User-Generated Content or activities of Users on the User-Generated Websites. The Company may, in appropriate circumstances and at its sole discretion, edit or remove any User-Generated Content, terminate the accounts of Users who may be violating these terms and conditions, or otherwise prohibit such Users from accessing the Website.
OUR RIGHT TO USE YOUR CONTENT AND OWNERSHIP
Your User-Generated Content is not confidential or proprietary. You grant to the Company, its agents, and others working for it or on its behalf, and their respective licensees, affiliates, successors, and assigns, for good and valuable consideration, the sufficiency of which is acknowledged by you, a perpetual, royalty-free, worldwide, unrestricted, transferable, exclusive, irrevocable and unlimited license, right and permission to utilize the Content you submit, and to use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, and otherwise exploit the Content, your likeness, and any material in the Content or derived from it, in any manner or media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if the Company elects at its sole discretion, posting the Content on our website, our Facebook page or any other User-Generated Website or social media page. You irrevocably waive, and cause to be waived, against the Company and its Users, any claims and assertions of moral rights or attribution with respect to your Content. All uses granted are for the purpose of advertising or trade and promoting and publicizing the Company and its products and services without any payment to or further authorization by you. The granting of the foregoing rights does not create any obligation on our part to post the Content on our User-Generated Websites or otherwise use the Content. Under the license granted, we are free to use any ideas or concepts contained in the Content without further attribution, compensation, or notice to you. For clarity, we do not claim ownership of your Content, but we receive the above grants of rights from you for use of the Content.
You agree that if the Content is posted, you will have no right of approval before or right to deletion after the Content is posted on our User-Generated Websites and that you and your heirs and assignees will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice.
You understand that if we elect to post your Content on our User-Generated Websites, you will not receive any compensation, prize, or remuneration of any kind and your submission will be accessed and viewed by others, including by the general public. You are solely responsible for your Content and the consequences of your Content being posted on our User-Generated Websites.
The Company and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
INTELLECTUAL PROPERTY RIGHTS
You are responsible for ensuring that any User-Generated Content that you post does not, and will not, violate any of the rights of any third party. You warrant and represent that you own or control all rights in any User-Generated Content that you post to the User-Generated Website. You fully release the Company from any and all claims relating to the use of the Content, including but not limited to any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, or invasion of privacy, right of publicity or defamation. You agree not to take any legal action against the Company, or any entity acting on its behalf, in connection with the use of your name, image, or likeness.
The Company is not responsible or liable for any User-Generated Content or other Content posted on our User-Generated Websites or for any offensive, unlawful or objectionable content you may encounter on or through our User-Generated Websites. The User-Generated Content and the materials and products on this website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company does not guarantee and does not promise any specific results from use of our User-Generated Websites. The Company does not represent or warrant that our User-Generated Websites will be uninterrupted or error-free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, the Company does not make any warranties or representations regarding the use of the materials or Content in our User-Generated Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system, or other device by which you access our User-Generated Websites, loss of data or other harm of any kind that may result. The Company reserves the right to change any and all Content and other items used or contained in our User-Generated Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, successors and assignees, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your violation or breach of these terms; or (b) your violation of any third-party right, including without limitation any copyright, trademark, property, privacy, or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of our User-Generated Websites.
LIMITATION OF LIABILITY
The Company shall not be liable for any direct, special, incidental, indirect, or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, our User-Generated Websites or the performance of the products purchased through our User-Generated Websites or the conduct of other Users (whether online or offline) or any User-Generated Content, even if the Company has been advised of the possibility of such damages. You assume total responsibility for your use of our User-Generated Websites. Your only remedy against the Company for use of our User-Generated Websites or any Content is to stop using the websites. Accordingly, if the Company is found to be liable to you for any damage or loss, which is in any way connected with your use of our User-Generated Websites or any content, the Company’s liability shall not exceed us$100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth below.
You agree that you shall immediately notify the Company in writing of any objectionable Content appearing on the Website. The Company will make good faith efforts to investigate allegations that any User-Generated Content violates these Terms and Conditions but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User-Generated Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User-Generated Content whatsoever.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:
The Bay Club Company, LLC
Attention: Legal Department
1 Lombard Street
San Francisco, CA 94111
We suggest that you consult your legal advisor before filing a notice with the Company’s copyright agent, as there can be penalties for false claims under the DMCA.
If any provision in these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue to be enforceable. If any provision in these Terms and Conditions is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions are still valid and enforceable.
The Company reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of our User-Generated Websites for any or no reason, without notice and without liability to you or anyone else. The Company also reserves the right to block Users from certain IP addresses or device numbers and prevent access to our User-Generated Websites. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the websites, or on other platforms (e.g., Facebook, Twitter, Google), may continue to appear on the Websites, or on other platforms even after your User-Generated Content is removed or your account is terminated. These Terms and Conditions remain in effect even after your account is terminated.
CHANGES TO THE TERMS OF SERVICE
We reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You understand and agree that your access to or use of the Site is governed by the Terms and Conditions effective at the time of your access to or use of the Site. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms and Conditions indicates your acceptance of the modifications.