By entering the Au Pair into the contest (“Contest”) for Au Pair of the Year (“Au Pair of the Year”), host family (“Host Family”) and au pair (“Au Pair”) agree that the Host Family and Au Pair have read the following rules (“Official Rules”) prior to nomination and entry of the Au Pair into the Contest, and Host Family and Au Pair agree to the terms and conditions of the Official Rules. Host Family and Au Pair understand and agree that the Official Rules are a binding agreement between InterExchange, Inc. (the “Contest Administrator” or “Administrator” and separately the “Sponsor” of the J-1 Visa program (“Program”), and Host Family and/or Au Pair.
Description of Contest. This is a skills-based Contest, in which a Host Family may enter by nominating an Au Pair that includes an “Au Pair Letter” and possibly an “Au Pair Video.” The objective of this Contest is to promote Host Family and Au Pair experiences in the InterExchange Au Pair USA Program in a manner that only current Host Families and Au Pairs can explain to future Host Families and Au Pairs.
Contest Not Requirement of Au Pair USA Program. Pursuant to the terms of the Official Rules, Host Family and Au Pair agree that any payment or consideration submitted to InterExchange for participation in the Program is payment for services provided by InterExchange as the Sponsor of the J-1 Visa Program and is not an entry fee for the Contest. Host Family and Au Pair understand that either the Host Family or Au Pair or both may opt-out of participating in the Contest without penalty to the status of the other party. Host Family and Au Pair further understand that the Host Family or Au Pair or both may opt-out of receiving Contest marketing information by opting out of InterExchange marketing promotions.
Contest Period. Host Family and Au Pair agree that the Contest period (“Contest Period”) shall begin on December 13, 2019, at 12:00 AM EST (midnight) and shall end on January 6, 2020, at 11:59 PM (before midnight) EST.
Eligibility. Host Family and Au Pair agree that Au Pair is only eligible to be nominated for the Contest and to win the prize (defined below) (“Prize”) if: (i) Au Pair is participating in the Program at the time that the Au Pair enters the Contest and (ii) Au Pair continues to meet the qualifications of the Program as set forth by InterExchange, the U.S. Department of State and the Department of Homeland Security up to and during the time that Au Pair redeems the Prize (see “To Redeem Prize” below). Host Family and Au Pair agree that a failure to meet these requirements disqualifies Au Pair from eligibility from the Contest and Prize. Host Family and Au Pair agree that limitations on the Au Pair’s eligibility to travel may be based on U.S. Department of State and Department of Homeland Security regulations of the Au Pair’s J-1 Visa status.
Host Family and Au Pair understand and agree that the following are not eligible to participate in the Contest: (i) InterExchange’s employees, agents, officers and directors; (ii) their respective parents, affiliates, subsidiaries, franchisees, divisions, advertising, promotional, fulfillment and marketing agencies; and (iii) their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not).
Host Family and Au Pair understand that the nomination and entry of the Au Pair into the Contest makes the Au Pair eligible for only one entry and only one Prize as described below under the Prize & Restrictions section of the Official Rules.
Host Family and Au Pair understand that InterExchange reserves the right to verify Au Pair eligibility as the winner (“Winner”) and Host Family and Au Pair compliance with the Official Rules. Host Family and Au Pair agree that InterExchange may disqualify an entry based on its investigation.
Host Family and Au Pair understand that the Contest is void in any country embargoed by the United States, and where otherwise prohibited by applicable federal, state or local laws, rules or regulations.
If Host Family or Au Pair violate the Official Rules, use fraudulent methods (e.g., tamper or attempt to tamper with the entry process and/or the operation of the Contest), act in an unsportsmanlike or disruptive manner, or are harassing, abusive, annoying or threatening, Host Family and Au Pair understand that Au Pair will be disqualified from the Contest.
Host Family and Au Pair are required to provide truthful information in the Contest. InterExchange reserves the right to reject and delete any Entry (see definition below) that it discovers to be false or fraudulent or to contain any incorrect statement.
How to Enter. A Host Family may nominate an Au Pair by submitting an Au Pair Letter pursuant to the Official Rules. Au Pair Letter should explain why the Au Pair should win the Au Pair of the Year Contest.
Once registration and Letter are submitted, the Au Pair will be officially entered into the Contest. Host Family and Au Pair understand that the Au Pair Letter and Supplemental Material (as defined below) cannot be revised or altered once submitted. Host Family and Au Pair agree to submit all required information for the Au Pair to win the Prize. Host Family and Au Pair agree that lost, incomplete, invalid, unintelligible, corrupted/damaged or late Entries are void and will be disqualified. Pursuant to the Official Rules, Host Family and Au Pair understand that neither InterExchange nor any of its employees, agents or representatives shall be responsible for lost, incomplete, invalid, unintelligible, corrupted/damaged or late Entries, or technical failures or other errors or malfunctions of any kind whether human, mechanical, electronic or otherwise.
In the event of a dispute as to the identity of person(s) creating the Au Pair Letter or Supplemental Material (together, hereinafter referred to together as “Entry Material”), Host Family and Au Pair understand that the Entry Material will be deemed submitted by the authorized account holder of the E-mail submitted with the Entry Material.
Terms of Submission. Host Family and Au Pair may enter the Contest only once by submitting an entry of a registration form, one (1) Host Family Letter and Supplemental Material (“Entry”). InterExchange has the sole discretion to determine whether an Entry satisfies the following requirements:
Host Family and Au Pair understand that Entry Material should depict in a creative way why the Au Pair has been nominated for the Au Pair of the Year Award. All submitted content must be in English or, if in another language, must be accompanied by English translation. InterExchange will accept Entries meeting the following technical requirements:
Entry Material must be 100% original work, not in the public domain, factually accurate and must not infringe or violate any law or the legal or equitable right of any person or entity, nor contain material that infringes or violates any personal property rights of others or that constitutes defamation, slander, libel, invasion of privacy, an infringement of the intellectual property rights of any third person or is otherwise unlawful;
Entry Material must not: a) be obscene, vulgar, sexually explicit, hateful, lewd, derogatory, inappropriate or in bad taste, as determined by InterExchange at its sole discretion; b) contain material that shows destruction of property or cruelty to animals; c) contain material that promotes a political agenda or message; d) contain any materials relating to lotteries, gambling, tobacco, alcohol, drugs or firearms; e) violate these Official Rules or InterExchange or U.S. Department of State requirements regarding the J-1 Visa Program.
Cancellation of Contest. Host Family and Au Pair agree that InterExchange may, at its sole discretion and without liability, terminate the Contest, in whole or in part, without notice, or modify or suspend the Contest at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of InterExchange that corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of the Contest as contemplated by the Official Rules.
Determination of Winner. Host Family and Au Pair understand that InterExchange will select the Winner of the Au Pair of the Year Contest from among all eligible Au Pairs who are entered during the Contest Period and meet the requirements of the Contest. Host Family and Au Pair agree that InterExchange Judges, at their sole discretion, will select the Winner. Host Family and Au Pair agree that the decisions of InterExchange Judges are final and binding on all matters relating to judging the Winner of the Contest. Host Family and Au Pair understand that InterExchange will notify the Winner in the manner described under the Notification section.
Notification. If Au Pair is selected the Winner, Host Family and Au Pair understand that InterExchange will notify Au Pair via E-mail on or before the ‘Winners Announced’ date of January 15, 2020. Within seven (7) calendar days of receiving the E-mail notification that Au Pair is the Winner, Host Family and Au Pair agree that (a) the Au Pair will claim the Prize by contacting InterExchange in the manner required by InterExchange and (b) the Host Family and/or Au Pair shall satisfactorily complete and return to InterExchange Affidavits of Eligibility showing that Host Family and Au Pair complied with the Official Rules, Liability and Publicity Releases, a W-9 form (filled out by the Au Pair), and any other documents required to be filled out or signed by the Host Family and/or Au Pair under the Official Rules. Pursuant to the terms and conditions of the Official Rules, Host Family and Au Pair agree that a failure to meet the terms and conditions of this paragraph shall mean that Au Pair forfeited the Prize and will be disqualified from the Au Pair of the Year Contest.
Prize & Restrictions. One Prize (1) for the Au Pair and One Prize (1) for the Host Family will will be awarded. Host Family and Au Pair agree that the Au Pair of the Year Contest Prize consists of:
Host Family and Au Pair understand that the Prize is not assignable, transferable (e.g., to third parties), refundable, redeemable for cash or exchangeable for any other prize unless InterExchange so authorizes under the terms of the Official Rules.
Alternate Winner. If a Winner cannot be contacted or is disqualified for any reason, InterExchange reserves the right to determine an alternate Winner or not to award a Prize, in InterExchange’s sole discretion.
No Cash Equivalent Required. In the event that the Winner selected declines to participate in the Contest or Redeem the Prize, there will be no cash compensation.
Equivalent or Better Prize. At its sole discretion, InterExchange reserves the right to award a substitute prize of equal or greater value, including, without limitation, a cash award.
The Prize must be claimed by December 31, 2020. Failure to do so may result in the forfeiture of said Prize.
To Redeem Prize: Host Family and Au Pair understand that Au Pair must remain in good standing in the Program for the purpose of ensuring that Au Pair can stay in the country to redeem the Prize. If the Au Pair cannot be contacted, or fails to execute and return forms and contracts (e.g., documents required under the Notification and Taxes paragraphs) pursuant to the Official Rules within the time period required by InterExchange, declines the Prize, is unable to fulfill Contest requirements or if, by reason of accident, illness or emergency, is unable to travel or must return home early, if Program participation is terminated by InterExchange, or if the Prize is otherwise not redeemed, Host Family and Au Pair agree that Au Pair forfeits the Prize.
Ownership of Entry Material. By entering the Contest, Host Family and Au Pair certify that Entry Material is original and that Host Family and/or Au Pair are the sole and exclusive owner and rights holder of Entry Materials (or if Host Family or Au Pair are not the sole and exclusive owner and rights holder of Entry Materials, that Host Family or Au Pair has obtained the necessary permission to submit Entry Materials in connection with the Contest) and that Host Family and/or Au Pair have the right to submit the Entry Materials in connection with the Contest. Host Family and Au Pair agree not to participate in the Contest in any manner that might (1) infringe any third-party proprietary, intellectual property, industrial property, personal rights, or other rights, including, without limitation, copyright, trademark, patent, trade secret, or confidentiality obligation; or (2) otherwise violate applicable law. Host Family and Au Pair understand that any intellectual property infringement or misuse of another person’s work in any form or state will result in immediate disqualification of an Entry and forfeiture of eligibility to redeem the Prize. Host Family and Au Pair also agree to allow InterExchange or its agent(s) to make public statements regarding any disqualifications and any grounds for disqualification.
Host Family and Au Pair understand that the Entry once submitted becomes the property of InterExchange and will not be returned. If the Entry Materials include any original creative content from Host Family and/or Au Pair: (1) Host Family and Au Pair agree that the submission of Entry Material is gratuitous, unsolicited and without restriction and will not place InterExchange or its employees under any fiduciary or other obligation, that InterExchange is free to disclose the information and ideas in the Entry Material on a non-confidential basis to anyone or otherwise use the information and ideas without any compensation to Host Family or Au Pair; (2) Host Family and Au Pair acknowledge that, by acceptance of the Entry Material, InterExchange does not waive any rights to use similar or related ideas previously known to InterExchange, or developed by its employees, or obtained from sources other than Host Family and/or Au Pair, and Host Family and Au Pair are not entitled to any compensation for the use.
License to use Entry Material. Host Family and Au Pair hereby grant InterExchange the irrevocable, perpetual, worldwide, non-exclusive, royalty-free, right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote Entry Material in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose in any and all fashion that InterExchange deems appropriate. InterExchange does not need to give Host Family and/or Au Pair any further right to inspect or approve uses of the Entry Material and Host Family and Au Pair waive any and all rights to compensation from Entry Material and agree to hold harmless InterExchange from any liability resulting from legal proceedings related to the Entry Material. InterExchange owns all right, title and interest in any compilation, collective work, or other derivative work created by InterExchange using or incorporating the Entry Material.
Publicity Release. Host Family and Au Pair grant InterExchange and its advertising and promotion agencies and suppliers and those acting pursuant to their authority exclusive permission to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to, the world wide web, at any time or times, Host Family or Au Pair name(s), character(s), photograph(s), voice(s), audio recording(s), videotape(s), biographical information, Prize information, and likenesses in connection with advertising, trade, commercial, display and promotional purposes of this and other contests and waive any claims to notification, consideration, compensation, permission, royalty, right, or any right to inspect or approve any such use(s) and reproduction(s), and Host Family and Au Pair agree to confirm this release in writing if so required by InterExchange as a condition of redeeming the Prize if Au Pair is the Winner of the Contest. Host Family and Au Pair agree that InterExchange may disclose personal information obtained from Host Family and Au Pair in the Contest to third parties and use such information for marketing and other purposes. Host Family and Au Pair must not enter the Contest unless Host Family and/or Au Pair first obtained permission from each person whose name(s), image(s), voice(s), or likeness are included in the Entry Material, and each such person has granted Host Family and/or Au Pair and InterExchange all copyright(s) and other intellectual property right(s), including renewal rights, necessary to use the Entry Material and his or her name(s), image,(s), voice(s) and likeness in it. Host Family and Au Pair release, discharge and agree to hold InterExchange harmless from any liability arising out of InterExchange’s use of the Entry Material, including any blurring, distortion, alteration, optical illusion or use in composite form with other work(s). Host Family and Au Pair assign all copyright(s) and other intellectual property right(s), including renewal right(s), to InterExchange, in any content produced that is the subject of this paragraph.
Promotion of Host Family and/or Au Pair. Host Family and Au Pair understand and agree that InterExchange reserves the right to require that the Au Pair engage in promotion regarding the Au Pair winning the Contest without any additional compensation or consideration to Host Family and/or Au Pair.
InterExchange Intellectual Property. If Host Family and/or Au Pair desire to use InterExchange intellectual property (“Intellectual Property”) for any reason, Host Family and/or Au Pair must contact InterExchange’s Marketing Department to request permission in writing. Host Family and/or Au Pair must not use Intellectual Property without having obtained prior written permission. InterExchange Intellectual Property shall include content from InterExchange’s Social Media, copyrights, trademarks, logos, branded materials, and any content owned by InterExchange. When in doubt, Host Family and/or Au Pair understand the best policy is to contact InterExchange to confirm that use of Intellectual Property is acceptable to InterExchange.
Disclaimers, Warranties & Guarantees. Host Family and Au Pair agree to the following: InterExchange disclaims any responsibility to notify Host Family or Au Pair about any aspect related to the conduct of the Contest.
InterExchange makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea(s) set forth in entries. By accepting the Prize, Au Pair acknowledges that InterExchange and any other entity involved with this Contest have never made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize or to any portion thereof, including, without limitations, its quality, merchantability, mechanical condition, or fitness for a particular purpose including, without limitation, use of any equipment associated with the Prize.
Limitation Of Liability. By entering the Contest, Host Family and Au Pair agree that InterExchange, its employees, directors, officers, and agents (“Released Parties”) shall have no liability whatsoever, and shall be released and held harmless by Host Family, Au Pair, and Host Family’s and Au Pair’s heirs, executors, representatives, successors and assigns for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind, including direct, indirect, incidental, consequential or punitive damages, and any and all rights to have damages multiplied or otherwise increased, including, without limitation, for disability or death, and damage to property, due in whole or in part, arising directly or indirectly, now or in the future from the delivery, acceptance, use or misuse of any Prize, any and all use(s) as provided herein of Entry Material, or participation in this Contest. InterExchange is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the contest; (iv) electronic or human error which may occur in the administration of the contest or the processing of entries; or (v) any injury or damage to persons or property, including, without limitation, Host Family’s or Au Pair’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Host Family’s or Au Pair’s participation in the Contest or injuries or damages caused when the Au Pair redeems the Prize.
Indemnification. Host Family and Au Pair agree to hold InterExchange, its affiliates, officers, directors, employees, agents and representatives harmless against any and all claims or liability arising directly or indirectly from the Prize or participation in the Contest.
Acts of God. Host Family and Au Pair agree that InterExchange will not be responsible for U.S. Department of State regulation changes, acts of third parties, Acts of God, acts of terrorism, civil disturbances, work stoppage, natural disasters, human errors, any mechanical malfunctions or failures of any kind, intentional interference or any other event beyond InterExchange’s control that may cause the cancellation or postponement of the Contest or Prize.
General Terms and Conditions
Disputes. Host Family and Au Pair understand that InterExchange wishes to resolve disputes by talking directly to Host Family and/or Au Pair. Therefore, Host Family and/or Au Pair are required to first contact InterExchange to address any and all questions, concerns, or problems that the Host Family and/or Au Pair may have about the Contest or the Prize before contacting a third party.Host Family and Au Pair agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of InterExchange and Host Family and/or Au Pair in connection with or arising out of Contest claim(s), dispute(s), cause(s) of action(s) or controversies (whether in contract or in tort, pursuant to statute or regulations, or otherwise, and whether pre-existing, present or future) shall be governed by the laws of the State of New York, in the City of New York, without giving effect to any New York choice of law or conflict of law rules. Any and all claim(s), dispute(s), cause(s) of action(s) or controversies with InterExchange arising out of or connected with the Contest or Prize shall be resolved exclusively by arbitration to the exclusion of the courts under the City of New York, State of New York, USA. Arbitration shall be conducted by one arbitrator pursuant to the rules relating to arbitration in the State of New York. Host Family and Au Pair agree to waive any right Host Family and/or Au Pair may have to commence or participate in any class action or other form of representative proceeding against InterExchange related to any Claim and, where applicable, Host Family and Au Pair also agree to opt-out of any class proceedings against InterExchange. Notice of any claim shall be sent to InterExchange at 100 Wall Street, Suite 301, New York, NY 10005.
Interference with Contest. Host Family and Au Pair agree that any attempt by Host Family or Au Pair or by person(s) known to Host Family or Au Pair to deliberately damage any web site or undermine the legitimate operation of the Contest by InterExchange is a violation of criminal and civil law. Host Family and Au Pair understand that should such an attempt be made InterExchange reserves the right to seek damages from any such person to the fullest extent permitted by law.
Relationship of the Parties. Host Family and Au Pair agree that nothing contained in these Official Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow Host Family or Au Pair to create or assume any obligation on behalf of InterExchange.
Taxes. Host Family and Au Pair agree that all federal, state, local, and other taxes on the Prize are the Au Pair’s sole responsibility as the Winner of the Prize. Au Pair is solely responsible for reporting and paying any and all applicable taxes related to the Prize and paying any expenses associated with the Prize that are not specifically provided for in the Official Rules. Pursuant to the terms of this Agreement, the winning Au Pair must provide InterExchange with valid identification and a valid taxpayer identification number or social security number on a W-9 Form before the Prize will be awarded to the Winner. The winning Au Pair will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
Waiver. Host Family and Au Pair agree that InterExchange’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Host Family and Au Pair waive any right to claim ambiguity in the Contest or these Official Rules.
Social Media. Host Family and Au Pair agree that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, YouTube, Vimeo, Tumblr, Twitter, or any other social media outlet used to host Entries or market the Contest, and any comments, questions or concerns regarding the Contest shall be directed to the InterExchange and not the social media outlet. Host Family and Au Pair agree to release Facebook, YouTube, Vimeo, Tumblr, Twitter, and other social media outlets from all liability regarding the Contest. Host Family and Au Pair understand that Host Family and Au Pair are providing information to InterExchange and not to Facebook, YouTube, Vimeo, Tumblr, Twitter, and other social media outlets.
Contest Administrator: InterExchange, Inc., 100 Wall Street, Suite 301, New York, NY 10005 Prize Provider: InterExchange, Inc.,100 Wall Street, Suite 301, New York, NY 10005