Welcome to the Tri-County Metropolitan Transportation District of Oregon (“TriMet”) website http://whatmakesthisplacegreat.com (the “Site”) for the “What Makes This Place Great” promotion (the “Promotion”). The Site is intended to celebrate the people, places and things that make the Tri-County area so great, with an emphasis on TriMet’s role in the community connecting these people, places and things. The Site allows you to read stories from others and share your own story about what you think makes this region great. In fact, if you share your true story about what makes this region great, it may be featured in our marketing materials, including without limitation on our buses, trains, web sites, books and other written and electronic publications.
- The Site is not a forum for public communication and debate, but a means for TriMet to promote TriMet services, programs, objectives, missions and projects to the public and its customers. All decisions as to the acceptance or use of stories, or the placement of links to external sites or pages from the Site will be made by TriMet in its sole discretion.
- TriMet reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that TriMet will not be liable to you for any modification, suspension or discontinuance of the Site.
- All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the “Content”), is the property of TriMet or its licensors. Third-party trademarks are the property of their respective owners. You may access the Content on your personal computer only and for personal, non-commercial use only, provided that you do not remove any trademarks, copyright or any other notice contained in such content. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express written consent of TriMet.
- Participation in the Promotion is open only to legal residents of the United States who are at least eighteen (18) years old at the time of participation.
- Participation constitutes your full and unconditional agreement to these Terms and TriMet’s decisions, which are final and binding in all matters related to the Promotion. You must comply with all terms and conditions of these Terms. Publication is contingent upon compliance with these Terms, including rules regarding eligibility for participation.
- There is no purchase necessary to participate in the Promotion, and you may submit as many stories as you like. TriMet reserves the right to cancel, terminate, modify, or suspend the Promotion if necessary for any reason, including without limitation technical reasons including computer viruses, bugs, tampering, or any other technical failures.
- To enter, go to the Site and submit your story, including photos, or other media that may be relevant. Electronic files must be provided as JPEG files no larger than 10 MB each and at least 560 x 372 pixels. You may also mail or hand deliver your story orphotoalong with your name, address, and phone number to WMTPG, TriMet, 4012 SE 17th Avenue, Portland, Oregon 97202. Regardless of the form of submission, submissions will not be returned. Acceptance of a story does not constitute TriMet’s agreement to publish the story or that the story complies with the Terms, and does not act in any way to waive TriMet’s rights to remove the story from the Promotion or waive its rights to enforce the Terms.
- If you do not identify a favorite place in your story that is within a half mile of a TriMet station or stop, or if you do not enter a favorite place and/or provide a favorite place description in the designated Favorite Place and Description fields in Paragraph 3 under the Section “Submit Your Story,” TriMet reserves the right to enter one or more Favorite Places and/or place Description(s) of its own choosing in those fields. Such entry by TriMet may be a place described in your story or may be another favorite place(s) and/or description of TriMet’s own choosing. For purposes of display, TriMet may present these favorite place(s) and description(s) with your story under the heading “Check out one of [your name, (e.g. Sally’s) favorite places.” (Your name appears in the heading.) Submission of your story constitutes your consent to TriMet’s rights of editing and use of your name as set forth in this paragraph.
- By submitting a story, you represent and warrant that the story is truthful and that it contains no misrepresentations or false statements about any person, living or dead. You further represent and warrant that any person identified in the story is willing to participate in the Promotion under these same Terms, as if that person had submitted the story himself or herself. Any person identified in a story may be required to sign an affidavit attesting to the truth of the story and agree to indemnify TriMet for any false statement.
- TriMet assumes no liability for lost, late, illegible, incomplete, or misdirected stories or for any internet connection problems or technical problems that might hinder the ability of any person to participate in the Promotion.
- YOU AGREE THAT THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. TriMet does not warrant that the Site will be available at any given time, secure, accurate or free of error. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.
- All stories, including submitted photos, become the property of TriMet. By submitting your story, you represent and warrant that the story and all content in the story (and photo if submitted) (the “Work”) is your own, original, and unpublished work and does not violate or infringe any copyright or other proprietary right of any third party. You further represent and warrant that the Work has not won any award and has not been produced for any other contest, promotion, contract, or agreement with any other party.
- By submitting the Work to TriMet, you grant TriMet an irrevocable and royalty-free license to copy, modify, edit, distribute, and display the Work for no additional consideration or payment.
- You agree that your submission of a story for the Promotion constitutes permission for TriMet to have the option of using the name, hometown, likeness, photograph, voice, and statements of you and any persons featured in your story (and photos if submitted). Such use will be without compensation and may be for editorial, public relations, promotional, or advertising purposes, or any other purpose as deemed reasonable by TriMet. You agree to maintain a record of all persons appearing in any photo, and to secure permissions or otherwise require all persons appearing in photos to permit TriMet to use their names, hometowns, likenesses, photographs, and statements without compensation or consideration for editorial, public relations, promotional, or advertising purposes, or any other purpose as deemed reasonable by TriMet. TriMet may request documentation of such permission.
- You will defend, indemnify, and hold TriMet and its officers, directors, agents, employees, affiliates, and customers harmless from any and all claims, liabilities, costs, and damages (including attorneys’ fees) arising from or in connection with any claims that the Work infringes any patent, copyright, trade secret, publicity, privacy, or other proprietary right of any third party.
- By submitting a story, you agree and hereby release TriMet and its affiliates, employees, agents, officers, and directors from any and all liability or responsibility arising in connection with your participation in the Promotion or TriMet’s use of the story in its promotional materials.
- TriMet assumes no responsibility for stories unable to be accepted for any technical reason and further reserves the right to cancel the Promotion if it becomes technically corrupted or because of unauthorized human intervention. TriMet reserves the right in the event of such cancellation to use any story that was submitted prior to cancellation in accordance with these Terms.
- You will defend, indemnify, and hold TriMet and its officers, directors, agents, employees, affiliates, and customers harmless from any and all claims, liabilities, costs, and damages (including attorneys’ fees) arising from or in connection with any breach of these Terms, and you agree that TriMet will have no liability whatsoever for any claims, losses, or damages due to your acts, omissions, or breaches of these Terms. IN NO EVENT WILL TRIMET BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROMOTION.
- The Terms are governed by the laws of the state of Oregon, without regard to its conflict of laws principles. Any dispute arising out of this Promotion will be resolved in the state and federal courts located in Portland, Oregon, and all parties consent to the sole and exclusive jurisdiction of such courts. The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by TriMet of strict performances of any provision of these Terms will not be a waiver of or prejudice TriMet’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
- This Promotion is sponsored by Tri-County Metropolitan Transportation District of Oregon, 4012 SE 17th Avenue, Portland, Oregon 97202.