Terms and Conditions for Jostens Ambassador Program
These Application Terms and Conditions (“Terms”) govern the process by which individuals may apply to be selected for the Jostens Ambassador Program (“Ambassador Program”).
Please read these Terms carefully. By submitting an application, you (“Applicant”) agree to be bound by these Terms, the decisions of Jostens, Inc. (“Jostens”) and its designees, and any other Ambassador Program policies, procedures or rules, which shall be final and binding in all respects relating to this Ambassador Program.
The Program is open to eligible individuals “Ambassador”. Each Ambassador will be selected from the application and selection process ("Application").
To be considered as an Ambassador, Applicant agrees to participate in strict adherence, and subject to these Terms.
The Ambassador Program is currently open only to individuals who are legal residents of the fifty (50) states or the District of Columbia; between 14 and 18 years of age or older; currently enrolled in high school; if under the age of majority in their state of residence (a “Minor”) Applicant must obtain the permission of his or her parent or legal guardian (“Guardian”) at the time of Application; and who are not employees of Jostens. All Ambassadors must remain in good standing, as solely determined by Jostens, and will be required to execute a legally binding agreement to maintain their status in the Ambassador Program.
Applicants must: have public social profile; must be currently in high school or college in the United States; must have at least 2 in-feed Instagram posts OR have multiple Instagram Story highlights (demonstrating that they use the platform); must demonstrate participation in their school or community (Ex. going to football games, photos in class, photos with friends, etc); cannot have problematic posts on their profile (Ex. drug use, provocative photos, using racial slurs, etc).
2. TO APPLY AND PARTICIPATE.
3. SUSPENSION AND REMOVAL FROM PROGRAM.
Any and all Ambassadors (and Applicants) can be rejected, suspended and/or removed from the Ambassador Program at any time, at the sole and absolute discretion of Jostens or its designees. Any Applicant or Ambassador who violates these Terms and/or any policies set or communicated by Jostens, or its designees from time to time shall be suspended and/or removed from the Ambassador Program. Said policies include, without limitation, posting of Restricted Content. “Restricted Content” includes without limitation any content or communication that contains any profanity, nudity or references that are competitive with Jostens, contain any references to products not sold by Jostens, contain unauthorized music, and/or the likeness of or references to any celebrity or other material that infringes on the intellectual property, privacy or proprietary rights of others, and/or incite any hatred, sexism, racism or discrimination of any kind, or political references, as shall be determined in the absolute discretion of Jostens in each case.
In preparing for and contributing to the Ambassador Program, Applicant may have access to information relating to the affairs of Jostens or its parents, subsidiaries, consultants, colleagues, contractors, or affiliated companies related to the Ambassador Program. Applicant acknowledges and agrees that all such information, unless it is already available to the general public without restriction, is Jostens’ confidential, proprietary trade secret information ("Confidential Information") and is their exclusive property. Confidential Information includes but is not limited to the finances, strategies and information, marketing concepts, advertising and promotional plans, technical information, Ambassador lists, creative concepts, specifications, designs, plans, information that is provided to, learned by or developed by Applicant in the course of Applicant's participation in the Ambassador Program, or that is labeled, identified or described by Jostens or its designees as confidential information or that a reasonable person would recognize constitutes confidential information.
6. CONTENT LICENSE.
By submitting an Application, Applicant hereby agrees that all right, title, and interest in and to all performances and content submitted to the Ambassador Program, including all rights in copyrights or other intellectual property rights pertaining thereto (collectively, the “Assets”), shall be held by Jostens, and all Assets shall be considered “works made for hire” by Applicant for the benefit of Jostens. All Applicants and Ambassadors hereby assign, transfer, and convey to Jostens all right, title and interest in all such Assets, and Jostens shall have the unlimited and unrestricted right to use and modify Assets for any purpose whatsoever including but not limited in its marketing, advertising materials, webpages, blogs, cable and broadcast television, Facebook, Instagram, TikTok, Twitter, Pinterest YouTube Snapchat or any other social media platforms.
Void where prohibited by law. This Ambassador Program is subject to all applicable federal, state, provincial, territorial and local laws. By submitting an Application, Applicant (and the Guardian, in the case of a Minor) agree to release, discharge, hold harmless and indemnify Jostens, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from (a) any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon copyright infringement, invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Ambassador Program, Application process and/or the use or adherence to any Ambassador Program policies, procedures or rules; and (b) Applicant irrevocably authorizes and grants to Jostens and its subsidiaries, affiliates, agents, employees, successors, designees, assigns, and licensees (collectively, “Brand”) the right to use Applicant’s name(s), portrait(s), picture(s), photograph(s), likeness(es) and biographical data, and any other materials that Brand collects from Applicant or Ambassador or that Applicant or Ambassador submits to Brand for the Ambassador Program, in any form or format, including but not limited to social media posts developed in connection with the Ambassador Program, still photographs, negatives, text, drawings, film, graphical images, video, recordings and/or other audio-visual material (collectively, the “Ambassador Material”), at its discretion in association with internal company presentations, external promotional, advertising and public relations materials, broadcast, print and electronic materials, internet websites (including social media sites) and/or computer networks or intranets in any and all media now known or hereafter devised and by any and all means now known or hereafter devised, without notice to Influencer. Influencer waives an inspection or approval of any such Influencer Material or Brand’s use thereof without compensation (unless prohibited by law) or additional consents from Applicant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications or emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Ambassador Program or the Application, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application or in any Application or Ambassador Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application or the Ambassador Program. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Application or downloading materials from or use of websites related to the Ambassador Program. Persons who tamper with or abuse any aspect of the application process or Portal, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Jostens, will be disqualified from participation. Jostens reserves the right at its sole discretion to suspend, modify or terminate the Ambassador Program at any time and for any reason. ANY ATTEMPT TO DELIBERATELY DAMAGE THE PORTAL OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JOSTENS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If you have any questions regarding these Terms, you may email [email protected]