Welcome to Priceless Picks operated by MasterCard International Incorporated ("MasterCard"). The following terms, together with the Priceless.com Terms of Use available at http://www.priceless.com/terms/ (collectively, the "Guidelines") govern any materials, whether written, photographic, videotaped or in another form, that you make in connection with the "Priceless Picks" Submission Program (The "Submission Program") or your use of Priceless Picks. Please read these Guidelines carefully before viewing Priceless Picks or completing registration ("Registration") and submitting any materials (the Registration together with the materials you submit are referred to in these Guidelines as the "Submission") as you are bound by these Guidelines and the terms of our Privacy Policy.


Who Can Make Submissions:
You may make a Submission if you are a legal resident of the 50 United States or District of Columbia; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to make a Submission. If you do not meet the above requirements or if you do not agree to these Guidelines, do not view Priceless Picks or make a Submission. Even if you do not make a Submission, you will be bound by these Guidelines when you visit Priceless Picks. Also, we reserve the right to change these Guidelines at any time, and without notice to you; however, all such changes will be posted. As a result, we encourage you to review the Guidelines from time to time so that you are aware of any such changes.


Submission Process:
To make a submission you must complete the Registration. Some of the information we request will include information about yourself. It is important that the information about yourself and the Submission be true, accurate, current and complete.


Submission Specifications:
The Submission must be your original work, never before used and not owned by others. Please be sure no one else has any right to the Submission and no rights in the Submission have previously been granted to anyone. You may include or refer to people, works owned by others, and businesses (and the business name and logos) in the Submission, provided you have the written permission of the owners. You may not make any Submission that you know is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law. Also, you may not submit make a Submission that promotes or is an advertisement or otherwise solicits business for any person or entity, or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing).


We reserve the right to reject any Submission that we determine does not meet any of the criteria set forth above. Also, we reserve the right not to accept any Submission for any reason, or no reason at all, if in our discretion, we do not believe that the Submission is appropriate for Priceless Picks. We will not advise you as to the reason why your Submission has not been accepted. We may elect to post Submissions that we believe do not violate the intent or purpose of these Guidelines (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) and/or other otherwise make use of Submissions as provided under these Guidelines.


Ownership And Use of Submission:
By making a Submission, you understand that you are assigning all right, title and interest (including any rights under copyright law) in and to the Submission and any concepts or ideas contained in the Submission to MasterCard, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the Submission.


The assignment you are making to MasterCard includes the right of MasterCard and its designees to reproduce the Submission, prepare other works using the Submission, combine your Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the Submission in the name of MasterCard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and its designees to use only certain portions of your Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your Submission. If we create other works using the Submission, those works will be owned by us and may be used in accordance with these Guidelines, and shall not be subject to your approval. By making a Submission, you are waiving and agree not to assert any copyrights or "moral" rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MasterCard can own and protect the rights in the Submission that you are assigning.


IF YOU MAKE A SUBMISSION, YOU UNDERSTAND THAT YOU CANNOT LICENSE, SELL, DISTRIBUTE OR OTHERWISE EXPLOIT THE SUBMISSION OR ANY MATERIALS EMBODIED IN THE SUBMISSION WITHOUT OUR PRIOR WRITTEN CONSENT.


Use of Your Name, Likeness and Other Personal Rights:
When you participate in the Submission Program, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by MasterCard and its related entities. If we make use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how we use the foregoing rights.


Right to Contact You, Interview, and Obtain Additional Information:
We may contact you or any third parties to verify the information you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by MasterCard and may be used in accordance with these Guidelines. We may also send you information and notices regarding your Submission and the Submission Program by e-mail, text messaging or other means based on the information you provide to us.


Change of Information about You:
If you change your name, mailing address, e-mail address or other information about yourself, we may not be able to contact you or make use of your Submission as we do not provide a means for you to update your information after you make a Submission. Therefore, if you do make a change to any information that may affect our ability to contact you, or otherwise consider your Submission, you should resubmit your Submission using your updated personal information in accordance with these Guidelines. Statements You Make to Us: We may also attribute to you statements that you provide to us. Any statements you make to us must be expressions of your personal experience(s) and belief(s). We may modify and restate such statements, consistent with the personal experience(s) and belief(s) conveyed in the statement you make to us.


No Endorsement or Verification of Information:
Our posting of any Submission shall not be deemed an endorsement of the facilities or activities that are referred to in the Submission. The content on Priceless Picks is provided by people who participate in the Submission Program and may not be independently verified by MasterCard. Any decision or action taken by you on the basis of information or content is at your sole discretion and risk.


Discontinuation and Modification of Submission Program:
We reserve the right to immediately and without notice modify, suspend or discontinue, temporarily or permanently, the Submission Program (or any part thereof) and/or your ability to access the Submission Program for any reason. You agree that MasterCard shall not be liable to you for any modification, suspension or discontinuance of the Submission Program.


Copyright Infringement and Copyright Agent:
MasterCard respects the intellectual property of others, and asks the users of Priceless Picks do the same. If you are the owner of a United States copyright and you believe that your work has been copied on Priceless Picks in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:


(a) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
MasterCard c/o MRM Worldwide
622 Third Avenue
5th Floor
New York, NY 10017

By e-mail:
copyright_agent@priceless.com



Last updated: October 2006