SAM-e Complete “Good Mood Gig” Talent Search
Terms and Conditions

IMPORTANT – READ CAREFULLY
THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU, ON ONE HAND, AND PHARMAVITE LLC (“PHARMAVITE”) AND IGNITE SOCIAL MEDIA (“IGNITE”) ON THE OTHER HAND.

BY SUBMITTING AN APPLICATION FOR PHARMAVITE’S SAM-E COMPLETE “GOOD MOOD GIG” TALENT SEARCH, YOU AGREE TO THESE TERMS. THE “GOOD MOOD GIG” IS A 6-MONTH INDEPENDENT CONTRACTOR POSITION WITH IGNITE. YOU ALSO AGREE THAT ANY INFORMATION OR MATERIALS YOU SUBMIT, INCLUDING, WITHOUT LIMITATION, YOUR APPLICATION, ANY IMAGES, PHOTOGRAPHS, AND/OR YOUR VIDEO (IF APPLICABLE), MAY BE POSTED PUBLICLY ONLINE AND OFFLINE AND USED AS MORE FULLY EXPLAINED BELOW. PHARMAVITE RESERVES THE RIGHT TO CONTACT YOU REGARDING YOUR PARTICIPATION IN THIS APPLICATION PROCESS AND TALENT SEARCH.

IF YOU ARE SELECTED TO RECEIVE THE GOOD MOOD GIG, YOU WILL BE REQUIRED TO EXECUTE ADDITIONAL DOCUMENTS AND TAX FORMS.

If you submit an application in Pharmavite’s SAM-e Complete “Good Mood Gig” Talent Search (“Talent Search”), you may be selected to receive a 6-month freelance “Good Mood Gig” blogger contract with Pharmavite’s advertising agency, Ignite Social Media (“Contract Blogger Position” or “Contract Blogger,” as applicable). If you would like to be considered for the Contract Blogger Position, your application (see Section 2 below for instructions on submitting an application) should: (1) tell us why you are a perfect fit and qualified to fill the Contract Blogger Position; and (2) provide insight into how you maintain a good mood naturally. All visitors to the Talent Search web site located at www.sam-e.com/job (“Web Site”) will be given the opportunity to vote for the applicant they think should be chosen to fill the Contract Blogger Position. Pharmavite encourages applicants to actively promote their application and to demonstrate their social networking skills, for example, by telling friends and family to visit the Talent Search Web Site and vote.

The person selected to fill the Contract Blogger Position will be required to read, agree to and sign an independent contractor agreement with Ignite. As part of his/her contract with Ignite, the Contract Blogger will be required to post five (5) blog posts per week (with a maximum of one (1) post per day) about his/her mood and possibly other topics, all as approved or selected by Ignite on a SAM-e blog similar to the one located at www.sam-e.com/talk for the duration of the six (6) month Contract Blogger contract. Each post must be at least 250-500 words. Ignite will review and may edit the posts before they are published online. The Contract Blogger must work for six (6) consecutive months under the Contract Blogger contract beginning and ending on the dates selected in Ignite’s sole discretion. Frequent communication with Ignite will be required if you are selected as the Contract Blogger. If you are selected as the Contract Blogger, you will be able to make your blog posts from wherever you choose, so you will not have office space provided by Ignite.

A. You and your application (as applicable) must comply with each of the following requirements:

1. At Pharmavite’s sole discretion, comments in your application that relate to personal health information, depression, anti-depressants, depressing, curing depression, treating depression, or depression drugs will not be posted to the Talent Search Web Site and you will not be considered for the Contract Blogger Position.

2. To submit your application, visit the Web Site and follow the on-screeninstructions to create a profile and submit your application, including, without limitation, your answers to the required questions, and the photograph, graphic or other image you choose to represent your application. Once you have submitted an application, it will be evaluated for the Contract Blogger Position as described more fully in Section B below. Each applicant may only submit one application. You will be considered for the Contract Blogger Position only if your application is submitted between 9:00:00 a.m. Eastern Time (“ET”) on October 2, 2009 and 5:00:00pm ET on October 23, 2009 (“Application Period”). Pharmavite's clock will be the official time keeper for purposes of the application process. For purposes of the Contract Blogger application process, an application is “submitted” when the Talent Search Web Site’s servers record the application. Proof of submission (such as an automated computer receipt confirming submission or a “thank you” message or screen) does not constitute proof of actual submission of an application for purposes of the Contract Blogger application process.

To apply by mail, on a regular sheet of paper (8.5” x 11”), print (by hand) your full name, full address (street number and name, city, state, and ZIP code) (no P.O. Boxes), daytime phone number with area code, and e-mail address to: Ignite Social Media, Attn: Good Mood Gig, 14600 Weston Parkway, Suite 100, Cary NC 27513. An application packet and instructions will then be mailed to address provided. Mail-in applications must be postmarked no later than October 23, 2009 and received at the above address no later than October 30, 2009. The mailed-in materials will be used by Pharmavite and Ignite to create an online version of the application for use in Phase I, as defined and set forth below in Section B.

The following applies to all applications: Applications must be submitted by an individual. Group applications will be disqualified. If you do not abide by these Terms, follow the instructions provided on the Talent Search Web Site or received from Pharmavite, or provide all of the required information in your application, profile, or other application materials, you will not be considered for the Contract Blogger Position. Applications or other related materials that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, postage-due, illegible, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void.

3. To be considered for the Contract Blogger Position, you must be a legal resident of any one (1) of the fifty (50) United States or the District of Columbia and at least the age of majority in your state of primary residence on the day that you submit your application. Employees, officers, managers, and directors of the Pharmavite or Ignite, their parents, divisions, affiliates, subsidiaries, or partners associated with this Contract Blogger application process and Talent Search (collectively, with Pharmavite and Ignite, the “Talent Search Entities” or each a “Talent Search Entity”), and relatives of and those living in the same household as such individuals will not be considered for the Contract Blogger Position and will be disqualified. For the purpose of this Contract Blogger application process, relatives are defined as spouse, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Also, you may not submit an application if you are represented under contract (e.g. a talent agent or manager), are a member of any guild and/or union (including, without limitation, SAG, WGA, DGA or AFTRA), or are under an acting, writing, directing, modeling, merchandising, or other contract, if such contract or membership would limit or impair your ability to complete the duties required of the Contract Blogger Position, as determined in Pharmavite’s sole discretion.

4. Content: If any part of your application (including, without limitation, any materials submitted to any Talent Search Entity for participation in or related to this Talent Search) fails to meet any of the following requirements, in Pharmavite’s sole discretion, you will not be considered for the Contract Blogger Position:

• All materials submitted for the Talent Search must be written in English.
• All aspects of the application must be originally created by and solely owned by you or in the public domain, except that you may include Pharmavite’s name, trademark, logos, or tagline, which is allowed solely for use by you in your application for the Contract Blogger Position and may only be used in a positive and non-disparaging manner. Use or non-use of Pharmavite’s name, trademark, logo or other property in your application will not increase or decrease the likelihood that you are chosen for the Contract Blogger Position. Your application must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, patent, trade secret, or right of privacy or publicity.
• Except Pharmavite’s brand use, if any, your application must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), or political or religious statements.
• Your application must be unpublished outside the Talent Search and not have been submitted in any other Talent Search, promotion, or competition.
• Your application must not contain any use of a third party’s name, likeness, or any other information identifiable to a third party.
• Your application must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Talent Search Entity or any third party (as determined in Pharmavite’s sole discretion).
• Your application must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations.
• Your application must be suitable for presentation in a public forum, in the sole determination of Pharmavite.
• Any description of Pharmavite’s products must not suggest inappropriate, unlawful, or dangerous use of the products.
• You agree that your submission of your application for the Talent Search and agreement to these Terms and any Talent Search Entity’s display and use of your application will not violate any agreement to which you are a signatory or party.
• You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Talent Search Entity or their agents of your application or content therein.

Pharmavite reserves the right in its sole discretion to disqualify from Contract Blogger Position consideration and/or remove from the Talent Search Web Site, any application that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Talent Search Entity, the Contract Blogger Talent Search, or any other person or entity or does not comply with these requirements or these Terms.

B. Selection of the Contract Blogger will occur in two phases, as described below.

• Phase I: From approximately October 2, 2009 at 10:00:00am ET to November 6, 2009 at 11:59:59pm ET, applications will be made available publicly on the Web Site in Pharmavite’s sole discretion and all visitors to the Web Site will be allowed to vote for their favorite application. Applicants are encouraged to tell their friends and families to visit the Talent Search Web Site and vote for their application. The twenty (20) applications that earn the highest number of votes will advance to Phase II. *One (1) vote per person and IP address per day.* Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes or any other attempt to vote or obtain votes in any way that conflicts with these Terms or instructions or restrictions on the Web Site or from Pharmavite, may result in the disqualification of the votes at issue, the relevant application, or both, in Pharmavite’s sole discretion.
• Phase II: After the Phase I voting period has ended, the top twenty (20) vote holders will be asked to create a video and a 250 word personal biography, both to explain why they should be chosen to fill the Contract Blogger Position. These materials must be submitted within the time frame stated by Ignite or Pharmavite in the notification telling the applicant that he/she qualified for Phase II. All videos must comply with Section 4 of these Terms and must be no longer than ninety (90) seconds in length.. The essay must be written specifically for the Talent Search by the applicant submitting the sample and must be no longer than two hundred and fifty (250) words. Failure to abide by these requirements and the rest of these Terms may result in the applicant being disqualified at any point in the Talent Search process, in Ignite’s and Pharmavite’s sole discretion. The following factors will be considered when evaluating the videos and essays for purposes of selecting the Contract Blogger:
  • Creativity – Applicants should use creative ways to show off why they are great candidates for the Contract Blogger Position. This can include presenting talents or skills that make them stand out from other applicants, or by presenting their information in creative ways (e.g., singing, juggling, humor, etc.).
  • Positive Attitude – Since the “Good Mood Gig” Contract Blogger Position necessitates someone who will be writing about his or her good mood, it is important that the candidate has a positive attitude to share with others. This can be exhibited through presenting activities or aspects of their lives that exemplify a positive attitude and bright outlook.
  • Ability – The “Good Mood Gig” Contract Blogger Position is a real engagement. Therefore, it is important that the applicant is prepared and able to fulfill the duties asked of them. This can be exhibited through showing ways the applicant is active and capable of maintaining a position that requires regularly updating and submitting content. This may include testimonials from friends or relatives, recommendations from previous employers, or other evidence of capabilities.
  • Excitement – The perfect applicant is someone who will exhibit excitement and desire to land the position. This can be shown through overall desire and drive in the candidate’s willingness to take on the responsibilities and share their good mood with the world.
  • General Qualifications – In addition to the qualities listed above, the perfect applicant will also possess the following skills or characteristics, which should be conveyed through the video and/or writing sample submitted: (1) writing experience; (2) understanding of the Internet and social media; (3) positive attitude and work ethic; (4) organization; (5) self-starter; and (6) efficient and responsible.

The above-mentioned characteristics are qualities that Pharmavite and Ignite are looking for in the individual who will fill the Contract Blogger Position. If you think you do not possess all of these characteristics, but you think that you will make a good Contract Blogger, you can still apply.

The materials submitted by the twenty (20) applicants in Phase II will be posted online for public voting from approximately November 17, 2009 at 10:00:00am ET through December 7, 2009 at 11:59:59pm ET (“Phase II Voting”). The same restrictions apply to Phase II Voting as did in Phase I. Votes from Phase I do not count in Phase II The twenty (20) applications in Phase II will also be judged by a panel of three individuals chosen by the Talent Search Entities, in their sole discretion (“Panel”). In its sole discretion, the Panel will judge the applications based upon its evaluation of the criteria listed above. The Panel’s decision regarding the selection of the Contract Blogger is final. The Panel will score each candidate objectively and determine the winner through careful deliberation and consideration. The results of the Phase II Voting will count as 20% and the Panel’s judging will count as 80% of the applicant’s total score. The applicant with the highest total score will be selected as the Contract Blogger in Pharmavite’s sole discretion.

It may take up to approximately 6 to 8 weeks from the end of the Phase I voting period for the Talent Search Entities to determine who has been chosen as the Contract Blogger and to notify the successful applicant that he/she has been chosen to fill the Contract Blogger Position. Once the individual is selected, successfully completes the standard independent contractor procedures listed in Section 6 below, and is verified, Ignite will choose the date on which the six (6) month contract will begin.

C. If your application is selected for the Contract Blogger Position, your engagement with Ignite as the Contract Blogger will be governed by and subject to an independent contractor agreement that you will be required to read, agree to, and sign as a condition of taking the Contract Blogger Position. Your employment will be subject to Ignite’s procedures for independent contractors, including, without limitation, providing your Social Security number, undergoing a background check, and filling out required tax forms. Subject to the terms of the independent contractor agreement, compliance with these Terms and the requirements of the Talent Search Entities, the Contract Blogger will receive one (1) laptop computer (details determined in Ignite’s sole discretion) to perform his or her requirements as the Contract Blogger and $5000.00 per month for each month of the six- (6-) month period for which the chosen individual is actually engaged by Ignite as the Contract Blogger. If you are chosen to fill the Contract Blogger Position, all federal, state and local taxes, as well as any expenses not specified in these Terms as being provided as part of your Contract Blogger compensation will be your sole responsibility. If you are selected to fill the Contract Blogger Position and you do not accept the position or do not comply with all of the Talent Search Entities’ requirements, including, without limitation, entering into the independent contractor agreement, you will forfeit the Contract Blogger Position and neither Pharmavite nor Ignite will have any further obligation to you. Pharmavite and Ignite are not responsible for any inability of the selected individual to fulfill his/her duties as the Contract Blogger and if the selected individual is unable to perform his/her Contract Blogger duties as set forth in the Contract Blogger contract, the Contract Blogger’s contract may be terminated and the Contract Blogger will only be compensated for those months in which the Contract Blogger is able to completely perform his/her duties.

D. Grant of Rights: By submitting an application, each applicant grants to the Talent Search Entities and their agents and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in their application and any materials submitted in connection with participating in the Talent Search, including, without limitation, images, photographs, videos, and writing samples (collectively, the “Application Materials”), and the Application Materials themselves, and applicant’s name, likeness, persona, photograph, voice, biographical and other information, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each applicant agrees that the licensed entities may, but are not required to, attribute the Application Materials to an applicant. Each applicant waives and releases the Released Parties (defined in Section E below) from any and all claims that applicant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Application Materials without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Talent Search, on the grounds that any use of any Application Materials or any derivative works infringe or violate any of participants rights therein.

Each participant acknowledges and agrees that nothing in these Official Rules will require a Talent Search Entity to use the Application Materials in part or in whole or to include the Application Materials in any Talent Search Entity-related property, including, without limitation, the Web Site. Each applicant hereby acknowledges and agrees that the relationship between the applicant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the applicant’s decision to submit his/her Application Materials for purposes of the Talent Search does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Application Materials, other than as set forth in these Terms. Further, each applicant understands and acknowledges that Pharmavite and Ignite have wide access to ideas, stories, designs, and other literary materials. Each applicant also acknowledges that many ideas may be competitive with, similar to, or identical to his/her Application Materials and/or each other in theme, idea, format, or other respects. Each applicant acknowledges and agrees that he/she will not be entitled to any compensation as a result of Pharmavite’s and Ignite’s use of any such similar or identical material that has or may come to Pharmavite and Ignite from other sources. Each applicant acknowledges and agrees that Pharmavite and Ignite do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright applicant may claim to have in the Application Materials. Each applicant acknowledges that, with respect to any claim by applicant relating to or arising out of Pharmavite’s or Ignite’s actual or alleged exploitation or use of any Application Materials, the damage, if any, thereby caused to the applicant will not be irreparable or otherwise sufficient to entitle the applicant to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Pharmavite and Ignite production or creative work based on or allegedly based on the Application Materials, and applicant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Further, each applicant agrees that neither Pharmavite nor Ignite are bound to select the Contract Blogger through the Web Site or through the process described above and may select the Contract Blogger by any process it desires.* Without limiting any other provision in these Terms, each applicant understands, agrees and grants permission for any Application Materials submitted or provided to either Talent Entity or their agent to be posted and published online and offline, including, without limitation, on the Talent Search Web Site and at www.sam-e.com. Any or all portions of the Application Materials may be available for public viewing and public voting by visitors to the Talent Search Web Site.

E. LIMITATION OF LIABILITY: BY SUBMITTING AN APPLICATION, YOU AGREE TO RELEASE, HOLD HARMLESS, DEFEND, AND INDEMNIFY THE TALENT SEARCH ENTITIES and their respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each and EACH jUDGE ON THE SELECTION PANEL (collectively “RELEASED PARTIES”) from any and all liability, loss or damage arising from or in connection with SUBMITTING AN APPLICATION OR OTHERWISE PARTICIPATING IN THIS TALENT SEARCH OR RELEASEES’ USE OF ANY APPLICATION-RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY VIDEO, OR RIGHTS GRANTED HEREIN. BY PARTICIPATING IN THE TALENT SEARCH, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

F. ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by you, Pharmavite, Ignite or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected applications, blog posts, videos or other Talent Search materials, e-mail or mail or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Terms, in any Contract Blogger Talent Search-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications, applications, blog posts or other application information; or any unauthorized third party use of any application, video, writing sample or blog post posted on the Talent Search Web Site and/or www.sam-e.com; or for any other errors or malfunctions of any kind, whether network, computer, printing, typographical, human or otherwise relating to or in connection with the Contract Blogger application process. Released Parties are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in your e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify you, if your e-mail address does not work or if it is changed without prior written notice to Pharmavite.

G. MISCELLANEOUS: Nothing in these Terms is intended to waive any claim that an applicant cannot unilaterally waive under applicable law. Pharmavite’s decisions will be final in all matters, including interpretation of these Terms and the selection of the Contract Blogger. As a condition of submitting an application, you agree to be bound by these Terms and the decisions of Pharmavite and Ignite. Failure to comply with these Terms may result in disqualification from the Contract Blogger application process. You further agree to not damage or cause interruption of the Contract Blogger application process and/or prevent others from participating in the Contract Blogger application process. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Either Talent Search Entity’s failure to enforce any provision in these Terms will not constitute a waiver of that or any other provision. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

H. RESOLUTION OF DISPUTES/GOVERNING LAW. Any disputes between you and Pharmavite and/or Ignite in connection with the Contract Blogger application process or your engagement as a Contract Blogger shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law. Any and all disputes and claims relating to the Contract Blogger application process shall be resolved by submission to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and by participating in the Contract Blogger application process, you expressly waive the right to trial by jury. The arbitration shall be conducted in Los Angeles County, California, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party shall pay one-half of the costs of the arbitration, and you shall be responsibility for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators shall not have authority to award punitive or exemplary damages. The dispute and claims and arbitration proceedings shall at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award. You agree that any action at law or in equity relating to the arbitration provision of these Terms shall be filed only in the state or federal courts located in Los Angeles County, Los Angeles, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.

BY PARTICIPATING IN THE CONTRACT BLOGGER APPLICATION PROCESS, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST BLOGGER APPLICATION PROCESS, OR THE CONTRACT BLOGGER POSITION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IF YOU ARE A LEGAL RESIDENT OF SUCH A JURISDICTION.

Ignite Social Media is an equal opportunity employer.