HTC Brand Ambassador
Terms and Conditions
To be an HTC Brand Ambassador, you must be a legal resident of the fifty (50) United States or the District of Columbia, 18 years of age or older. Employees, officers, directors, agents and representatives of HTC Corporation (“HTC”) with offices at No 23, Xsin-Hua Road, 330 Taoyuan, Taiwan and any of its affiliates, subsidiaries, retailers, distributors, advertising and promotion agencies and suppliers (collectively, the “Released Parties”), and any such individuals’ immediate family members (mother, father, sister, brother, any child, husband, wife, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to be an HTC Brand Ambassador. Void where prohibited by law. This program is subject to all applicable federal, state and local laws and regulations. This program is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or any other social media channel.
HTC will post messages and questions from time to time via Facebook, Twitter, and other social media channels asking individuals if they would like to become a HTC Brand Ambassador for certain upcoming local entertainment events. From the responses received, HTC may contact certain individuals for potential consideration as a HTC Brand Ambassador.
If HTC wishes to utilize an individual as an ambassador, such individuals will receive the title of “HTC Brand Ambassador”, subject to verification and compliance with these Terms and Conditions. As a HTC Brand Ambassador, individuals will receive access to local entertainment event(s) specified by HTC (each, an “Event”), and receive up to two (2) HTC devices provided by HTC to capture and upload Footage (as defined below) to social media channels while at an Event as the HTC Brand Ambassador. Device model and quantities provided are determined by HTC in its sole discretion. Exact Events, dates and times are subject to change. HTC Brand Ambassadors must comply with all Event rules, regulations and instructions. Failure to do so may result in forfeiture of HTC Brand Ambassador opportunity and removal from such Event. The Released Parties reserve the right to remove or to deny attendance to any HTC Brand Ambassador who engages in disruptive, unsafe or inappropriate behavior, or who annoys, abuses, threatens or harasses any other person at any Event. All costs and expenses associated with HTC Brand Ambassador participation not specified herein as being provided, including, but not limited to, mobile device service plans any air or ground transportation, lodging, food, beverages, souvenirs, gratuities, airline luggage charges, and other miscellaneous travel expenses are the HTC Brand Ambassador’s sole responsibility. All HTC Brand Ambassador details are at HTC’s sole discretion and HTC may discontinue anyone’s status or responsibility as a HTC Brand Ambassador at any time.
HTC will attempt to contact a potential HTC Brand Ambassador via one of their social media channels. Potential HTC Brand Ambassadors may be required to execute and return an Affidavit of Eligibility (including consenting to a background check), Liability and Publicity Release (unless prohibited) within three (3) business days of date of issuance of notification. Noncompliance with the above, with these Terms and Conditions, the inability of HTC to contact a potential HTC Brand Ambassador within a reasonable time period, or notification being returned as non-deliverable, may result in such individual not being a HTC Brand Ambassador. A HTC Brand Ambassador is not confirmed until all required paperwork has been validated by HTC. HTC Brand Ambassadors are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with acceptance and use of items provided to the HTC Brand Ambassadors by HTC, including but not limited to anydevices provided by HTC. Exact device model and any/all items provided are at HTC’s sole discretion.
All HTC Brand Ambassadors agree that all photographs and video taken at or around an Event as a HTC Brand Ambassador (“Footage”) will fully comply with applicable laws, rules, regulations and industry guidelines, including but not limited to, the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (collectively, “Applicable Laws”) and will disclose in every communication that mentions HTC, that such HTC Brand Ambassador has received benefits from HTC as described herein. HTC Brand Ambassadors will cooperate with HTC to avoid posting any content relating to HTC that is inappropriate. Without limiting a HTC Brand Ambassadors obligation to comply with all Applicable Laws, HTC Brand Ambassadors agree that they will at all times comply with the following code of conduct:
- State honest views regarding any Event, HTC and its products, which must reflect actual experiences, opinions and beliefs;
- Make clear that any posted content is solely a HTC Brand Ambassadors and not HTC’s. Avoid saying or doing anything that suggests HTC has endorsed or approved any posted content;
- Clearly and conspicuously disclose the HTC Brand Ambassador connection with HTC (i.e., that they received benefits) in any posted content and public statements about HTC or its products or services;
- Limit posted content to the social media channels instructed by HTC;
- Respect the intellectual property and proprietary rights of others; not making statements about the confidential or proprietary information of any third party;
- Do not make false or unsubstantiated statements about HTC or its products and do not make any unapproved statements or claims regarding the nature, characteristics, qualities or performance of HTC’s products;
- Do not make any statements regarding the products or services of HTC’s competitors; and
- Do not impersonate any other person or entity, actual or fictitious, including by impersonating an employee or consultant of HTC.
Potential HTC Brand Ambassadors understand and agree that by becoming a HTC Brand Ambassador, the opportunity shall not be deemed to create an employment, partnership, or joint venture between HTC and any HTC Brand Ambassador. HTC Brand Ambassadors will be expected to 1) attend the Event(s) specified by HTC; 2) arrive at the Event(s) promptly on the date and time specified by HTC; 3) use the BazaarVoice Bamboo application on a HTC device provided by HTC to upload Footage to their social media channels with the hashtag #TeamHTC; 4) act consistent with any/all communications and directions from HTC through his/her tenure as a HTC Brand Ambassador; 5) participate in any and all media interviews arranged by HTC through his/her tenure as a HTC Brand Ambassador and for six (6) months thereafter; 6) respond to e-mails or phone calls from HTC within 24 hours; and 7) comply with any/all Event restrictions on capturing Footage inside an Event. HTC Brand Ambassadors will be provided with a photograph list by HTC to follow and assist in content creation. All Footage must be in accordance with HTC’s direction. HTC Brand Ambassadors must give HTC at least 72 hours prior notice if he/she will be unable to attend an Event, and will forfeit all assets provided by HTC (including, without limitation, Event tickets, parking pass, the HTC device(s) and equipment) for such Event.
All Footage must be the original work of a HTC Brand Ambassador, may not have been previously published, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (other than the Permitted Marks). By submitting Footage, and to the extent allowed by law, HTC Brand Ambassadors agree the Released Parties shall own any/all Footage submitted (including the copyright thereto and all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Footage and all elements of such Footage, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to a HTC Brand Ambassador or any third party. HTC does not guarantee that any element or Footage will be broadcast, posted on the website, or otherwise be made available to the public. Certain elements of HTC Brand Ambassador participation may be subject to supervision and security and other policies designated by an Event or HTC.
Released Parties are not responsible for malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the program, the malfunction of any HTC device, the incorrect uploading of any Footage, incorrect downloading or use of the BazaarVoice [please confirm permission] application, the cancellation or postponement of any Event, the announcement of any HTC Brand Ambassador, or for printing, typographical, human or other errors appearing in these Terms and Conditions.
No transfer, assignment, cash redemption, or substitution of HTC Brand Ambassador participation (or devices provided) is permitted except by HTC, at its sole discretion. HTC Brand Ambassadors agree to be bound by these Terms and Condition and the decisions of HTC and its representatives, which are final and binding in all matters relating to this program. HTC Brand Ambassadors agree, by participating, that 1) the Released Parties and their designees may use (unless prohibited by law), their name, city and state of residence, photograph and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, and 2) the Released Parties, Facebook, Twitter, and any/all other social media channels shall have no liability to a HTC Brand Ambassador, and HTC Brand Ambassadors agree to release, indemnify, and hold harmless the Released Parties, for any claim, action, liability, loss, injury or damage to themselves or any other person or entity, including, without limitation, personal injury or death to themselves or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of their participation as a HTC Brand Ambassador or any travel or activity related thereto (including, but not limited to travel to and from and attendance at any Event). In the event any Event is cancelled or postponed, HTC will attempt to provide an alternate Event for an applicable HTC Brand Ambassador to attend. HTC reserves the right, in its sole discretion, to modify, terminate or suspend this program (or any portion t