MAGNOLIA CREATIVE DEPARTMENT PRESENTS: A DIFFERENT KIND OF JOB FAIR Terms and Conditions Participation in Magnolia Creative Department s 2018: A Different Kind of Job Fair ( Skill Share ) constitutes acceptance of these Terms and Conditions. Magnolia Personnel Group, LLC is hosting the Skill Share ( Host ). ELIGIBILITY. The Skill Share is open to any natural person ( Contributor ) who (a) is at least 18 years old on the date of submitting a Submission; (b) is not on the US Bureau of Industry and Security s Denied Persons or Entity Lists, is not on the US Treasury Department s list of Specially Designated Nationals, and is not on the US Department of Commerce s Table of Denial Orders; and (c) complies with the Submission Requirements in these Terms and Conditions. PARTICIPATION. Contributor shall enter the Skill Share by submitting a creative portfolio of their choosing (a Submission ) at the website located at https://magnolia.com/magnolia-creative-deptjob-fair/ (the Website ) during the period beginning at 9:00 a.m. Central Time ( CT ) on February 16, 2018 and ending at 11:59 p.m. CT on February 25, 2018 (the Submission Period ) and completing a form with the following information for the Contributor (a) brief explanation of the submission, (b) full legal name, (c) email address, (d) city and state of residence, (e) phone number, and (f) an acknowledgment and acceptance of the Terms and Conditions. Submissions will not be acknowledged or returned. Submissions must be in English, must be original and must not infringe on third-party rights. The order and visibility of the Submissions does not impact a Contributor s likelihood of being selected for participation in the Skill Share. If duplicate Submissions are received from the same person during the Submission Period, only the first Submission will be considered valid. Any Submission submitted during the Submission Period that are copied from another Contributor, or are substantially similar to an earlier Submission, will be disqualified. By uploading a Submission for the Skill Share, the Contributor represents that the entire Submission meets the following additional requirements: Submission cannot be sexually explicit or suggestive; dangerous; violent; or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contain nudity;
Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Submission cannot defame, misrepresent or contain disparaging remarks about Host or other people, products or companies; Submission cannot contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Submission cannot contain copyrighted materials owned by others, without permission; Submission cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than the Contributor, unless the Contributor has obtained valid written permission from such person whose name, image, voice, likeness and other personal attributes and biographical information are embodied and/or used in the Submission or the creation of the Submission; and Submission cannot depict or encourage, and cannot itself be, a violation of any law. Host s determination of what constitutes said conditions shall be final. Host reserves the right to disqualify a Submission at any time, in Host s sole discretion. Participation constitutes Contributor s full and unconditional agreement to these Terms and Conditions and to Host s decisions, which are final and binding in all matters related to the Skill Share. LIMITATIONS. Host is not responsible for late or incomplete Submissions, nor responsible for any Submission not actually received due to improper transmission. Similarly, Host does not have any obligation to advise Contributor of an incomplete Submission. Host assumes no responsibility or liability for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Skill Share: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email or mail transmissions; inaccessibility of the Skill Share Web Site; traffic congestion on the Internet or the Skill Share Web Site; unauthorized human or nonhuman intervention in the operation of the Skill Share, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Skill Share, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Skill Share.
DISQUALIFICATION. Without limitation, a Contributor may be disqualified, at Host s sole discretion, if (a) Contributor fails to meet the requirements for the Submission; or (b) Contributor violates or fails to comply with these Terms and Conditions. 7. CONTRIBUTOR REPRESENTATIONS, WARRANTIES & GRANT OF RIGHTS. By submitting a Submission, each Contributor acknowledges and understands that the Submission may be posted, reproduced, distributed, publicly displayed, and otherwise used for commercial, promotional and/or non-promotional activities by Host as they see fit in their sole discretion. Contributor represents and warrants that the Submission: (a) is an original work of Contributor, and that it is not subject to any contractual restrictions; (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (c) with respect to the Submission: (i) the Contributor has obtained written permission from each person whose name, image, voice, likeness and other personal attributes and biographical information are embodied and/or used in the Submission or the creation of the Submission, and (ii) publication and all other uses of the Submission will not infringe the rights of any third party. Contributor agrees that Host may run a background investigation on the Contributor, and Contributor agrees to sign and deliver to Host such documents, including without limitation, a background questionnaire, as Host may reasonably require to effectuate the rights granted herein. As a condition of entry into the Skill Share, except where prohibited by law, each Contributor grants to Host and its affiliates all right, title and interest in, to publicize, broadcast, display and/or otherwise use, the Skill Share Contributor s name, city, state, and biographical material, image, and any other content submitted in relation to the Skill Share (collectively, Licensed Rights ) in any media for advertising and publicity purposes, without additional review, compensation, or approval by the Contributor. As a further condition of entry into the Skill Share, each Contributor grants to Host and its affiliates a worldwide, royalty-free, non-exclusive, perpetual license to display, reproduce, distribute, prepare derivative works of, and otherwise use all or any portion of such Contributor s Submission, in any media and for any purpose, without additional review, compensation, or approval by the Contributor. Each Contributor acknowledges and agrees that each Submission is submitted for the Skill Share on an entirely voluntary basis and any idea expressed in a Submission transmitted in connection with the Skill Share will not be treated as confidential and may be published in a manner accessible to the public. Each Contributor further acknowledges that he or she has read, understands and agrees to the terms below:
Contributor understands that disclosure of any idea expressed in a Submission to Host does not establish a confidential relationship with Host or obligate Host to treat the materials as secret or confidential. Contributor acknowledges that Host may already be working on a project that is the same or similar to an idea expressed in a Submission, that Host may already know of an idea expressed in a Submission from other sources, or that Host may elect to develop an idea expressed in a Submission or something similar on its own. EACH CONTRIBUTOR HEREBY IRREVOCABLY RELEASES AND FOREVER DISCHARGES HOST AND ITS AFFILIATES AND SUBSIDIARIES FROM ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DAMAGES, LIABILITIES AND DEMANDS, WHETHER ABSOLUTE OR CONTINGENT AND OF ANY NATURE WHATSOEVER, WHICH YOU NOW HAVE OR HEREAFTER SHALL OR MAY HAVE AGAINST HOST AND ITS AFFILIATES AND SUBSIDIARIES OR THEIR RESPECTING SUCCESSORS AND ASSIGNS WITH RESPECT TO ANY SUBMISSION, INCLUDING WITHOUT LIMITATION ANY MANNER IN WHICH HOST AND/OR ITS AFFILIATES, DIRECTLY OR INDIRECTLY, USE A SUBMISSION. SELECTION FOR WACO SKILL SHARE. A committee comprised of select Host employees (the Selection Committee ) will choose a group of Contributors from among the Submissions received throughout the Submission Period to receive an invitation to the Waco Skill Share to be held sometime in March, 2018. ( Participants ). The Selection Committee will be looking for people whose creative abilities could be utilized by Magnolia on an ongoing basis. On or about March 3, 2018, (after the Submission Period has ended), the Selection Committee shall choose Participants from all eligible Contributors. Host will notify each Participant by contacting them using the contact information provided by such Participant and each Participant hereby consents to Host contact in such manner to notify the Participant if he/she is a Participant. INDEMNIFICATION. CONTRIBUTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HOST AND ITS PARENT COMPANIES (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF THE RESPECTIVE FOREGOING S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, SKILL SHARE EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY S FEES AND COURT COSTS) ARISING OUT OF RELATING TO ANY ACTUAL OR CLAIMED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY, PROPRIETARY OR
CONTRACTUAL RIGHT OF ANY THIRD PARTY, WITH RESPECT TO THE SUBMISSION SUBMITTED IN THIS SKILL SHARE. LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE. The Released Parties (as defined in the next paragraph below) are not responsible for: (a) technical problems or technical malfunction which may affect the operation of the submission website, including but not limited to any of the following occurrences (i) hardware or software errors; (ii) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (iii) errors or limitations of any Internet service providers, servers, hosts or providers; (iv) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (b) lost, late, delayed or intercepted transmissions; (c) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (d) unauthorized human or non-human intervention of the operation of the submission website, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (e) destruction of any aspect of the submission website, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the submission website; (f) any typographical errors in the announcement of the Participants or these Terms & Conditions, or any inaccurate or incorrect data contained on the submission website; (g) any personal injury, or property damage or losses of any kind which may be sustained to Contributor s or any other person s computer equipment resulting from participation in the Skill Share, use of any website or the download of any information from any website; (h) any attempt by an Contributor or other individual to deliberately damage or undermine the legitimate operation of the Skill Share, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (xi) lost, stolen, or destroyed government issued identification, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from participation in the Skill Share. ANY PERSON ATTEMPTING TO DEFRAUD HOST OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SKILL SHARE WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION. Host, and its parent companies (if any), subsidiaries, affiliates, successors, assigns; and each of the respective foregoing s past, present and future officers, directors, owners, shareholders, members, managers, partners, principals, Skill Share judges (including without limitation the Selection Committee), employees, agents and representatives (collectively Released Parties ) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by any wrongful, negligent, or unauthorized act or omission of any third party; or (b) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, riot, hurricane or fire. BY ENTERING THE SKILL SHARE, CONTRIBUTOR FULLY AND UNCONDITIONALLY RELEASES,
DISCHARGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO CONTRIBUTOR S PARTICIPATION IN THIS SKILL SHARE AND SKILL SHARE- RELATED ACTIVITIES, INCLUDING, WITHOUT LIMITATION BUT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, RIGHTS OF PUBLICITY OR PRIVACY VIOLATIONS, NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES. By entering the Skill Share, you acknowledge that you are familiar with the provisions of California Civil Code Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering the Skill Share, Contributor (on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of Contributor) hereby unconditionally waive and relinquish any right or benefit which you or such person(s) have or may have against the Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Terms & Conditions, terms of use of Host s website, and Host s Privacy Policy. 15. DISPUTE RESOLUTION. All disputes arising under or relating to the Skill Share and/or these Terms & Conditions shall be governed by the laws of the State of Texas, without regard for conflicts of laws principles. All disputes arising under or relating to the Skill Share and/or these Terms & Conditions shall be submitted to and resolved by binding arbitration in Waco, Texas, any award shall be confirmed in the courts situated in McLennan County, Texas. The parties irrevocably agree that the courts situated in McLennan County, Texas shall have exclusive jurisdiction and venue for the purposes of confirming the any arbitration award, and for all other disputes arising out of or relating to these Terms & Conditions that may found not to be arbitrable, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted pursuant to the Federal Arbitration Act and shall further be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an
explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney s fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. EQUAL EMPLOYMENT OPPORTUNITY. Host does not discriminate in employment opportunities or practices on the basis of race, color, religion, gender, sexual orientation, gender identity, national origin, age, disability, genetic information or any other characteristic protected by applicable law.