Participation Agreement
Instructions: Cardmembers submitting a Rebate Redemption Story must accept the terms of this Participation Agreement set forth below in consideration of and prior to a Rebate Redemption Story being accepted for posting and inclusion in The My TrueEarnings website. Please review the terms of this Participation Agreement carefully and indicate your consent by clicking the “I accept” icon below.
1. I affirm that I am a legal resident of the 50 United States or the District of Columbia and at least 18 years of age and the holder in good standing of an American Express® Card issued by American Express in the United States. I hereby represent and warrant that I am of full and legal age and that I have every right to contract in my own name.
2. I acknowledge compliance with and agree to be bound by The My TrueEarnings website Terms and Conditions and the decisions of American Express Travel Related Services Company, Inc (“Sponsor”) which are final in all respects.
3. By submitting a Rebate Redemption Story, I represent and warrant that my Rebate Redemption Story Submission,(i) is original and has not been copied in whole or in part from any other work, (ii) does not violate or infringe any copyright, trademark, or other proprietary or privacy right of any person or entity, and no person or entity other than me has any right, title or interest in any part of my Rebate Redemption Story Submission; (iii) my Rebate Redemption Story Submission, the use thereof by the Sponsor, or the exercise by Sponsor of any of the rights granted by me under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights; and (iv) I have all the rights, licenses, permissions and consents necessary to submit the Rebate Redemption Story Submission and to grant all of the rights that I have granted to Sponsor under this Agreement. I agree to indemnify, defend and hold the Sponsor, its affiliated companies and their respective agents, successors, and assigns, and anyone authorized by them (“Sponsored Parties”) harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties.
4. In addition to all of the legal and equitable rights and remedies available to Sponsor in connection with this Agreement or my Rebate Redemption Story Submission, I acknowledge and agree that Sponsor shall have the right, in its sole discretion, to post my Rebate Redemption Story on The MyTrueEarnings Website, to remove the Rebate Redemption Story from The My TrueEarnings Website on which it has been posted, and not to use, exhibit or otherwise exploit my Rebate Redemption Story in any manner whatsoever or to use, exhibit or otherwise exploit my Rebate Redemption Story but disqualify me if I have not complied with My TrueEarnings Website Terms and Conditions. Furthermore, Sponsor shall have the right to suspend or terminate my access to The My TrueEarnings Website or any of Sponsor’s other websites without warning if Sponsor, in its sole discretion, deems that I have acted inconsistently with any of The My TrueEarnings Website Terms and Conditions or the terms of this Agreement.
5. I agree that my Rebate Redemption Story Submission will become the property of the Sponsor and may be used by the Sponsored Parties, for any purpose and in any media whatsoever, whether or not now known, throughout the universe in perpetuity, without compensation to me and hereby assign all right title and interest to the Rebate Redemption Story Submission to Sponsor, including without limitation all copyrights pertaining thereto. I understand that the assigned copyright to the Rebate Redemption Story Submission includes, but is not limited to, the right to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display the Rebate Redemption Story Submission including the advertising, publicizing, and promoting The My TrueEarnings Website, the TrueEarnings Card from Costco and American Express and/or Sponsor. The preceding rights may be exercised throughout the world in all media and formats whether now known or hereafter devised. The above rights also include the right to make such modifications as are necessary to exercise the rights granted.
6. I understand that I will not be paid any money for submitting a Rebate Redemption Story Submission, for granting the rights to my Rebate Redemption Story Submission as set forth in this Agreement, or for agreeing to the terms set forth herein.
7. I recognize that other persons may have submitted to Sponsor, or made public, or may in the future originate and submit, or make public, Rebate Redemption Story submissions that are similar or identical to my Submission. I acknowledge and agree that Sponsor shall have the right to use and post such similar or identical materials.
8. If I am submitting any information about myself in a bio or otherwise or in connection with my Rebate Redemption Story Submission , I represent that the facts depicted therein are truthful and accurate.
9. By submitting a Rebate Redemption Story I hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with My TrueEarnings Website shall be resolved, upon the election by me or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, SPONSOR AND I WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT I WOULD HAVE IF I WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and I alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and I alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
10. I, for myself and my heirs, executors, administrators, legal representatives, successors and assigns (the “Releasing Parties”) hereby release and discharge the Sponsor and its administrators, legal representatives, officers, directors, employees, subsidiaries, affiliates, divisions, parents, predecessors, successors and assigns (the “Released Parties”) from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties or any one or more of the Released Parties, which I or any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from any use of my Rebate Redemption Story Submission in accordance with this Agreement.
