This notice describes the terms of use for our website and our privacy policy. By visiting our website, you are accepting the practices, terms of use and privacy policy described in this Notice. “We”, “us” and “our” refers to Welcoming America, Inc.

Privacy Policy

We will not sell your address or personal information. Your address is required so that the contest sponsors may send your prize, should you win.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Welcoming America makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Welcoming America does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Welcoming America will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Welcoming America has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Welcoming America’s liability in respect of any:

• death or personal injury caused by Welcoming America’s negligence;
• fraud or fraudulent misrepresentation on the part of Welcoming America; or
• matter which it would be illegal or unlawful for Welcoming America to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Welcoming America has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Welcoming America’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to generality of the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Welcoming America’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Welcoming America.

Copyrights

The contents of www.welcomingamerica.org and www.friendsofwelcoming.com are owned by Welcoming America, Inc. and protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. All material, including, but not limited to text, images, audio, animation, video, film or other digitized data or code (“collectively, Content”) available at this website are protected by applicable copyright, trademark, patent, trade secret laws and moral right which are owned an controlled by us or by other parties which have licensed their material to us. Content from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner except to print a copy of a web page for internal or personal use only and provided that our name and copyright notices remain intact. Modification or use of Content for any purpose other then those uses for which this website is designed, or as set out in these terms and conditions, is a violation of our intellectual property rights. For purposes of these terms and conditions, the re-posting of any Content obtained from this website to any other website or networked computer environment is prohibited without the our prior written consent.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from Welcoming America, Inc.

Export of this technology may be controlled by the U.S. government. Diversion contrary to U.S. law prohibited.

Trademarks

Certain product names, brand names and company names mentioned in this site may be trademarks of their respective owners.

Linked Websites

Whether or not we are affiliated with websites which may be hyperlinked to this website (“Linked Websites”), we are not responsible or liable for Content posted or available at Linked Websites. We do not screen or review websites before making links nor do we monitor Linked Websites to ensure suitability or continued suitability of the Content posed or available at such Linked Websites. Linked Websites are for your convenience only and you access them at your own risk. You will release us from all liability for any damage or loss you might suffer as a result of any Content at a Linked Website. Hyperlinks may not be created between this website and others without our express written consent. Should we permit you to create a hyperlink to our website; you agree not to frame our website in such a manner as to disguise authorship, origin attribution or intellectual property rights.

Disclaimer

We will use reasonable efforts to ensure this website is always secure, and all information on this site is up-to-date and accurate. Despite these efforts, information on this website may contain inaccuracies or typographical errors. Information on this site is provided “as-is” without warranty of any kind, either express or implied. Information may be changed or updated without notice. You understand and agree that you download or otherwise obtain material or data through the use of our website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material or data.

Jurisdiction

By visiting our website you agree that the laws of the United State of America, without regard to principles of conflict of laws, will govern the terms of use and any dispute that might arise between you and Welcoming America, Inc. The Courts of the state of Georgia shall have exclusive jurisdiction to decide any disputes and you irrevocably atorn to the jurisdiction of those courts.

Contest Rules and Legal Disclaimer

Welcoming America, Inc., its staff, and its owners reserve sole and final judgement as to all matters concerning contests and interpretation of contest rules.

By entering any contest on the Friends of Welcoming website, you agree to abide by the following terms. If you cannot agree to the following terms, please do not enter our contest(s.)

How To Enter/Eligibility

• No purchase is necessary to enter our contests.
• Age requirement?
• Entries must be sent using the formats provided.
• Keep your email address current.  If we cannot contact you by email, you forfeit your winner’s status.

The decisions made by the judges regarding each contest or drawing are final and binding.

Winner Disqualification

• If a winner cannot be reached after a reasonable amount of effort has been made to notify the winner of the prize, the winner forfeits his/her rights to the winning prize.
• If an email returns undeliverable, contest sponsors will try to contact winners by phone. If no contact has been made within 21 days of winning announcement, winner forfeits his/her rights to the prize.
• You have made certain representations and warranties to Welcoming America in entering the Contest. Welcoming America has relied on the accuracy and truth of such representations and warranties in granting a prize to you. Should Welcoming America or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might (in Welcoming America’s opinion, which shall be final) have an adverse effect on the Contest, Welcoming America reserves the right in its absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Contest; or (ii) withdraw the Prize(s).
• Failure to claim a Prize in the time or manner specified for the relevant Contest will make any claim invalid.
• You acknowledge that the interests and good reputation of Welcoming America are paramount and Welcoming America may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Contest if it believes it is in the best interests of Welcoming America to do so.
• Welcoming America reserves the right to immediately withdraw your place on the Contest or the Prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of Welcoming America).
• In the event of disqualification, Welcoming America reserves the right to select another entrant to take part in the Contest.

General Conditions

• Contest is void where prohibited by law.
• All taxes on any prize won are the sole responsibility of each winner, including, without limitation, any federal, state, or local taxes, which may be deemed applicable in such winner’s jurisdiction of residence.
• All prizes will be mailed to U.S. participants free of charge.
• Winners outside the U.S. will pay postage fees (which are considerably higher.)
• All prizes distributed to winners are the sole responsibility of the prize donor(s).
• All prizes distributed by Welcoming America are sent media mail.
• Welcoming America reserves the right to cancel contests at any time.
• A reason for canceling a contest may be lack of participation.
• Welcoming America reserves the right to modify the contest rules at any given time, including the extension of deadlines.
• No entries will be accepted from agents, in bulk or from third parties.
• The decision of Welcoming America’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
• Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies will not be accepted.
• Welcoming America cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize.
• You undertake the Contest and the taking of any Prize at your own risk.
• There is no fee payable to you in respect of your involvement in the Contest.
• In the case of on-line Contest you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Welcoming America may be accessed by third parties. Welcoming America accepts no liability for loss resulting from your entry to an online Contest.
• These terms represent the entire agreement between you and us relating to the Contest or the Prize (unless otherwise expressly confirmed in writing by Welcoming America) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.

Contest(s) shall be governed by Georgia law.

Contestant Releases

• Acceptance of prize constitutes permission to use winners name, city, state, and winning entry for promotional purposes.
• Contest entry constitutes permission to use submissions without further compensation.
• Contestants agree that the sole and final judgment as to all matters concerning contests and interpretation of contest rules are at the sole discretion of Welcoming America, its owners, and its staff.

Releases/Hold Harmless

• Welcoming America, its owners, its staff, its affiliates, its advertisers, and its prize donors are not liable or responsible for:
  • any claims, damages, losses, injuries, or death including any third party claims, arising from or relating to, in whole or in part, any contest, including entry and participation in any contest and acceptance, possession, use or misuse of the prizes.
  • entries that do not follow guidelines.
  • entries and responses to winner notifications that are illegible, incomplete, late, lost, misdelivered, marked postage-due, or undeliverable.
  • any technical or human errors, malfunctions, failures, etc. resulting in participation of contests.

Prizes

• All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives.
• Welcoming America does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
• In the event of unforeseen circumstances or circumstances outside Welcoming America’s reasonable control, Welcoming America reserves the right to offer an alternative prize of equal value. No cash will be offered.
• In the event of there being more claims than Prizes available, the name of the valid claimants will go into a drawing for the Prizes.
• A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.

Intellectual Property

• Unless otherwise stated, Contest entries will not be returned to you.
• In respect of copyright and other intellectual property rights in any Contest, your entry into the Contest, and your involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products ”), you:(a) hereby grant to Welcoming America a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent Welcoming America deems it appropriate; and(b) agree, at Welcoming America’s request, to assign to Welcoming America the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by Welcoming America to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for Welcoming America to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephone) and the right to sub-license such rights to any other persons, in each case for such purposes as Welcoming America may in its absolute discretion determine.
• Any information submitted by you relating to a Contest must be personal and related specifically to you. You warrant that any information which you submit to Welcoming America will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. Welcoming America reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
• By entering any Contest and submitting any material or Products you warrant to Welcoming America that:(a) you own or are licensed in respect of the Products submitted as part of the Contest conditions and that you have the right, power and authority to grant the rights set out in these Terms;(b) Welcoming America is free and able to use the Products in accordance with and in the manner set out in any relevant terms; (c) the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• The entrant to a Contest is the individual submitting his or her email address and contact information. If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.
• You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Welcoming America may result in your disqualification from the Contest and forfeiture of any Prize.
• For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in Welcoming America for its own use (in its absolute discretion).

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.