I am the sole author and exclusive owner of my Submission and have full permission to use, submit, alter or publish such Submission. If my Submission includes material that I have not authored or for which I am not the exclusive owner, I have the necessary rights and permissions to grant BTWF the rights to such content and, to the extent applicable, my Submission contains instructions for how BTWF should attribute such content. I have secured all consents necessary for BTWF to use my Submission, including as described in the confirmation regarding third parties at the end of these Terms.

I hereby assign to BTWF all rights, title, and interest in, to, and under any Submission provided by me to BTWF including, without limitation, the perpetual right and permission to reproduce, distribute, publish, display, edit, modify, create derivative works and otherwise use my Submission for any purpose in any form and on any media for any purpose whatsoever. I further grant BTWF a non-exclusive, perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up, sub-licensable right and license to use my name (or any fictional name), voice, likeness, image, and appearance (including any photographs or video of me), personal story, and other biographical information (collectively, the “Publicity Rights”) for any purpose whatsoever, including to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, and otherwise use (and permit others do the same) the Publicity Rights (and any materials that incorporate any of the foregoing) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created (including in, and on, magazines, brochures, and other print publications, electronic, magnetic, and optical media, television broadcasts, radio broadcasts, display, and other advertising and promotional materials, press releases, and the internet (including blogs, social media, websites, and webinars), and for any purpose), without further consent from or royalty, payment, or other compensation to you. I understand that BTWF is the sole owner of all intellectual property that it creates or develops, including modifications or derivatives of any Submission or Publicity Rights. I waive and agree not to enforce any moral or similar rights that I have in any Submissions. I acknowledge and agree that I have no right to inspect or approve any finished product, such as any written or electronic copy, resulting from any exercise of the license or rights granted herein. For the avoidance of doubt and without limiting the forgoing, BTWF can edit any Submission in any way BTWF determines in its sole discretion to be necessary, appropriate, or desirable, including removing any and all personally identifiable information.

My Submission (a) is true and nonfictional; (b) does not defame, infringe, or violate the rights of others; (c) does not contain profanity, promotional content, negative comments, hate speech, or discrimination of any kind, political statements or attacks on any public figures, or descriptions of violence; and (d) my Submission has not been previously published. Any opinion or views represented in my Submission are my own and I acknowledge that BTWF does not endorse them by publishing the Submission. All of the information that I am submitting, or will submit, to BTWF is accurate. I acknowledge that BTWF is not liable for any consequence whatsoever that arises out of errors in the information I submit.

I acknowledge that I have reviewed and agree to the Guidelines (https://www.channelkindness.org/calling-all-storytellers/), Terms of Service (https://www.channelkindness.org/terms-of-service/) and Privacy Policy (https://www.channelkindness.org/privacy-policy/) found on BTWF’s Channel Kindness website. I hereby represent and warrant that no consent or authorization from, or any payment to, any third party is required in connection herewith. 

BTWF may consider my Submission for publication and does not have any obligation to use, publish, or maintain any content I provide. BTWF is solely responsible for deciding whether to publish any Submission in its sole discretion. If BTWF selects my Submission for publication, I may receive a $50 volunteer appreciation payment from BTWF (an “Appreciation Payment”), with a maximum of eight Appreciation Payments per year. I agree that the volunteer appreciation payment for my Channel Kindness story will be paid by a virtual card. I agree that Born This Way Foundation will not be issuing a replacement if a card is indeed lost or otherwise doesn't reach the intended recipient and the loss of the card via email is a risk I'm willing to accept. I understand and agree that in no event will I receive more than eight Appreciation Payments in any given year, regardless of how many of my Submissions are selected for publication by BTWF. If I am selected to receive an Appreciation Payment, BTWF will provide instructions on how to receive such payment after my Submission is selected for publication. I understand that (a) I am responsible for following any such instructions in order to receive the Appreciation Payment, (b) BTWF is in no way responsible for lost payments, and (c) BTWF makes no representations regarding the tax consequences of this payment. I represent to BTWF that I am not a person with whom any person or entity that is a national of the US or resident in or organized under the laws of the United States is prohibited to deal because of list-based or geographical sanctions.

Notwithstanding anything to the contrary in these Terms, in no event shall BTWF perform (or be expected to perform) any actions which jeopardize, or could reasonably be expected to jeopardize, as determined in BTWF’s sole discretion, BTWF’s United States federal tax exempt status under Section 501(a) of the United States Internal Revenue Code of 1986, as amended (or under any other similar provisions of law) or BTWF’s status as a California public benefit corporation.

In consideration of BTWF’s consideration of my Submission or acceptance of any Appreciation Payment, I (on my own behalf and on behalf of my heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on my behalf) hereby (a) release BTWF and its affiliates and its and their respective promotional partners, directors, officers, employees, agents, and representatives (collectively, the “BTWF Representatives”) from any and all lability, losses, and obligations related to or arising out of my Submission, and (b) agree to indemnify, defend (at the BTWF Representatives’ option), and hold the BTWF Representatives harmless from and against any and all liability, damages, or claims for injury or loss to any person or property, relating to, in whole or in part, directly or indirectly, my Submission, the acceptance and/or subsequent use or misuse or condition of any Appreciation Payment, or any claims (including but not limited to claims based on publicity rights, defamation, invasion of privacy, or intellectual property infringement). WITHOUT LIMITING THE FOREGOING OR ANY OTHER PROVISION HEREIN, THE BTWF REPRESENTATIVES’ TOTAL LIABILITY FOR ANY AND ALL CLAIMS, JUDGEMENTS, AND AWARDS AGAINST THE BTWF REPRESENTATIVES SHALL NOT EXCEED THE TOTAL OUT-OF-POCKET EXPENSES INCURRED (IF ANY) BY ME TO PROVIDE MY SUBMISSION TO BTWF. IN NO EVENT SHALL THE BTWF REPRESENTATIVES BE LIABLE FOR ANY ATTORNEYS’ FEES OR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES.

I am submitting my Submission as a storyteller volunteer and not under any employment or independent contractor agreement with BTWF. I acknowledge that, as a storyteller volunteer, I am not a BTWF employee and am not entitled to the same benefits that BTWF provides its employees. Neither my Submission nor BTWF’s selection of my Submission for publication (to the extent applicable) establishes an employment relationship, joint venture, partnership or agency relationship between me and BTWF. 

These Terms and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to any Submission or these Terms will be governed by, and enforced in accordance with, the internal laws of the State of New York without regard to principles of conflict of laws. All causes of action, cases, and claims that may be based upon, arise out of, or relate to any Submission or these Terms must be brought in a court of competent jurisdiction in the City of New York, without recourse to class-action suits. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.

WAIVER OF JURY TRIAL: BTWF AND I HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE, CLAIM, PROCEEDING, OR LITIGATION ARISING OUT OF OR RELATING TO ANY SUBMISSION OR THESE TERMS.

NO CLASS ACTION: FOR THE AVOIDANCE OF DOUBT, I UNDERSTAND AND AGREE THAT I MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ANY DISPUTE, CLAIM, PROCEEDING, OR LITIGATION ARISING OUT OF OR RELATED TO ANY SUBMISSION OR THESE TERMS, AND MAY NOT ACT AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY SUCH DISPUTES, CLAIMS, OR LITIGATION. IN FURTHERANCE OF THE FOREGOING, I HEREBY IRREVOCABLY WAIVE ANY RIGHT I MAY HAVE TO FILE ANY SUCH DISPUTE OR CLAIM OR TO PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY.