Armed Forces Insurance Military Spouse of the Year®
Acknowledgment of Terms and Conditions of Program Participation
I understand that this Acknowledgment of Terms and Conditions of Program Participation is an important legal document relating to my consideration for and participation in the Armed Forces Insurance Military Spouse of the Year® Program (“AFI MSOY Program).
1. Representations and Warranties
I represent, warrant and affirm as follows:
- I am legally married to an active duty, Reserve or Guard member of the U.S. military.
- I possess a dependent ID card issued by the Department of Defense.
- I am not currently serving on active duty, as a Reservist, or a Guardsman or Individual Ready Reserve in any branch of the military.
- I am at least 18 years of age.
- I have never been convicted of a felony and have no other criminal history that would call into question my suitability to serve as an AFI Base MSOY, AFI Branch MSOY or overall AFI MSOY.
- I do not use illegal drugs, nor do I abuse prescription drugs.
- I do not abuse alcohol.
- I do not engage in abuse (physical or sexual) of any individuals.
I understand the Reign Period during which this honor may be bestowed upon me is defined as follows:
AFI Base or Branch SOY Reign Period is defined for these purposes as the date of the naming of the AFI Base or Branch SOYs, running for approximately one year and ending with the announcement of the following year’s AFI Base or Branch SOYs.
Overall AFI MSOY Reign Period is defined as the date of the naming of the overall AFI MSOY, running for approximately one year and ending with the announcement of the following year’s overall AFI MSOY.
By affirming the facts set forth above, I understand that Armed Forces Insurance is relying and will continue to rely during any Reign Period on my current continuing affirmation of such facts. I agree that I will present appropriate documentation verifying any or all of the facts set forth above within a reasonable time period upon request of Armed Forces Insurance, at this time and/or during any Reign Period.
I agree that if, during any Reign Period, I am no longer able to affirm, due to changed circumstances, the facts set directly above, I will within seven (7) calendar days provide notice to the AFI MSOY program at: email@example.com.
I understand that should Armed Forces Insurance determine, via information provided by me, or via information obtained independent of me that, during any Reign Period, I can no longer affirm any facts set forth above, or if I am unable to provide appropriate documentation verifying any of these facts to Armed Forces Insurance upon their request, Armed Forces Insurance may at its sole discretion declare me ineligible for further participation in the AFI MSOY Program and/or rescind any AFI MSOY title that I have attained.
I agree to abide by Armed Forces Insurance’s determinations both as to myself and all other AFI MSOY participants in this regard.
In addition to other obligations set forth herein, I warrant and represent that I will immediately notify Armed Forces Insurance within seven (7) calendar days should any of the following events occur during the Reign Period relating to AFI Branch SOY or AFI MSOY (if I attain such title):
Death of my spouse: I understand that the death of my spouse will not affect my eligibility in most circumstances.
Divorce or legal separation: I understand that if I become divorced or separated from my spouse, Armed Forces Insurance may in its sole discretion deem me ineligible from further participation in the AFI MSOY Program and/or rescind any AFI MSOY title that I have attained.
I have made the foregoing representations and warranties described above in consideration of, and so that I will be eligible, and/or continue to remain eligible, to be considered for and/or hold the titles of: AFI Base Spouse of the Year (“AFI Base SOY”), AFI Branch Spouse of the Year (“AFI Branch SOY”); and Military Spouse of the Year (“AFI MSOY”).
2. Eligibility and Continuing Eligibility
Criteria and Process:
- I understand and agree that Armed Forces Insurance shall determine and select, pursuant to the process and criteria that it establishes at its discretion from time to time, Base SOYs, Branch SOYs and AFI MSOY (collectively “all levels of AFI MSOY”).
- I understand that Armed Forces Insurance has no obligation to permit me to participate in the AFI MSOY Program, even if I meet all eligibility requirements and any lawful selection criteria it may establish.
- I further understand and agree that Armed Forces Insurance will determine and/or resolve all eligibility issues for participation in the AFI MSOY Program in its sole judgment in accordance with the process and standards it prescribes from time to time, and I agree to abide by its determinations both as to myself and all other AFI MSOY participants as to eligibility for participation in the AFI MSOY Program.
- If I am selected to be an AFI Branch SOY, I understand and agree that Armed Forces Insurance will, in its sole judgment, determine whether I am considered for overall AFI MSOY and will determine and set all AFI MSOY selection criteria and processes, and resolve all AFI MSOY eligibility issues, and I agree to abide by Armed Forces Insurance’s determinations both as to myself and other AFI MSOY participants.
3. Opportunities and Applicable Standards of Conduct
With respect to all levels of AFI MSOY, to the extent any such honors are bestowed upon me, I will receive the benefit of being able to advocate on behalf of military spouses via communication, social media, traditional media and other tools and opportunities provided by Armed Forces Insurance.
- I understand I am not obligated to do anything, but if I choose to avail myself of such opportunities, I do so of my own choosing and understand that, by doing so, I am not creating an employment relationship between myself and Armed Forces Insurance.
- In consideration of this benefit that I will receive, I at all times during the Reign Period will conduct my activities and life in accordance with the highest ethical and moral standards.
- If, during the term of my reign, I am arrested or charged with the commission of a crime (including, without limitation, reckless or drunk driving or minor in possession of alcohol) or engage in any activities that, in the sole judgment of Armed Forces Insurance, might bring myself, the AFI MSOY Program, Armed Forces Insurance or my Branch or Base into public disrepute, ridicule, contempt or scandal or might otherwise reflect unfavorably upon any of the foregoing entities or might shock, insult or offend the community or any class or group thereof, then Armed Forces Insurance shall have the right to terminate my reign as an AFI Base SOY, AFI Branch SOY or AFI MSOY.
- I acknowledge that, by way of example, and without limiting the generality of the foregoing in any way, appearing in public or permitting myself to be photographed in a state of partial or total nudity or in a lewd, compromising or sexually suggestive manner constitutes a violation of this provision (this includes photographs or images that may appear on any website or social media platform, including but not limited to Facebook, Twitter, Instagram, Tumblr). e. I further acknowledge that, by way of example, and without limiting the generality of the foregoing in any way, posting offensive and/or inappropriate statements (as determined by Armed Forces Insurance in its sole discretion) in any blog or on any web site constitutes a violation of this provision.
I understand that the title Armed Forces Insurance Military Spouse of the Year® is trademarked and the property of Armed Forces Insurance, and that I agree to use the title in association with my name for the purposes of advocating for military spouses and for raising awareness of the AFI MSOY Program.
I understand and agree that I am not permitted to associate the title with my name for the purpose of, of contemporaneous with, endorsing third parties, endorsing products manufactured by third parties, endorsing services provided by third parties, advancing personal political agendas, advancing my views on social issues, or engaging in any activities that Armed Forces Insurance, in its discretion, determines to be controversial, offensive and/or contrary to the goals of the AFI MSOY Program.
Armed Forces Insurance’s decisions on all matters arising above shall be final and conclusive.
Armed Forces Insurance has the following Standards/Expectations for Professional Behavior:
- Appropriate attire-- dressing in casual/business or formal attire appropriate to the venue or opportunity. Provocative attire is not allowed when representing the AFI MSOY Program title.
- Attendance and punctuality-- it is expected for AFI SOYs and AFI MSOYs to attend events they have agreed to attend and/or respectfully decline and cancel if they are unable to attend an event. It's important to also arrive on time for event and/or contact the POC to make them aware of your late arrival.
- Respectful demeanor and interactions-- demonstrating respect and deference within the community; conducting oneself in a manner consistent with the values and ethics of AFI to include responsible drinking at events where alcohol is present.
- Professional language and communications-- demonstrating professional oral and written (including electronic) communication skills; using discretion and appropriate professional language in addressing others.
- Accountability and integrity-- being accountable for your own actions; maintaining professional integrity and honesty in all activities/interactions.
- Social Media and Brand Recognition- As a title holder of the AFI MSOY Program we request AFI SOYs and AFI MSOYs tag @militaryspouseoftheyear and use the appropriate hashtags throughout their social postings where they are utilizing their title and in turn representing the brand.
4. Appointment of Another Nominee
I understand that if any AFI MSOY title I hold is rescinded, another nominee, selected by Armed Forces Insurance at its discretion, will assume AFI MSOY activities for the remainder of the applicable Reign Period.
To the maximum extent permitted by law:
I irrevocably release Armed Forces Insurance, AFI MSOY Program sponsors, each of their respective parent, subsidiary and affiliated companies, all other persons and entities connected with the AFI MSOY Program, and each of their respective partners, officers, directors, agents, representatives, employees, successors, assignees, and licensees (herein the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees and costs) arising out of, resulting from, or by reason of the Base, Branch or overall AFI MSOY selection process, or the failure to select me as a Base, Branch or overall AFI MSOY, on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, or defamation) (collectively, the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind resulting from the actions of another AFI MSOY Program participant or any other third party at any time.
To the maximum extent permitted by law, I also agree that I will not bring or be a party to any legal action or claim against the Released Parties based on any of the Released Claims hereunder.
I understand that I may be invited to travel to certain events on behalf of AFI MSOY Program, but I am not obligated to do so. Should I choose to travel to these events, it is done of my own volition and at my own risk. Further, should I choose to travel, I agree that I am specifically representing the AFI MSOY Program and not acting as a corporate representative of Armed Forces Insurance.
6. Program Participants in California
If this Acknowledgment is being subscribed in California and/or by a California resident, the following shall apply:
I hereby knowingly, voluntarily, expressly and irrevocably waive application of California Civil Code section 1542, which I certify I have read and which states in pertinent part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
I understand and acknowledge the significance and consequence of my waiver of California Civil Code section 1542 and further understand and acknowledge that I may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which I now know or believe to be true with respect to the matters released herein. Nevertheless, it is my intention, through my execution of this Acknowledgment, to fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have existed, and that I will hereafter not be able to make any claim against the released parties regarding any such matters.
The invalidity or unenforceability of any provision of this Acknowledgment will not affect the validity or enforceability of any other provision; provided, however, that the aggregate of all such provisions found to be invalid or unenforceable does not materially affect the benefits and obligations of the parties to this Acknowledgment taken as a whole.
This Acknowledgment contains the entire understanding of the parties, and all prior agreements between the parties with respect to the subject matter of this Acknowledgment are nullified and superseded.
This Acknowledgment will not be construed against its drafter. All previous statements, representations and negotiations, whether oral or written, are hereby superseded by this Acknowledgment.
I acknowledge that no promises, representations or other inducements have been made to me in connection with signing this Acknowledgment.
The terms of this Acknowledgment may be set aside, augmented, revised or modified only by a written instrument executed in the same manner. In the event of any inconsistency between the terms, conditions and obligations set forth in any application, agreements or other documents I have or may complete or execute at the request of Armed Forces Insurance, on the one hand, and this Acknowledgment, on the other hand, the terms, conditions and obligations set forth in this Acknowledgment shall govern unless otherwise provided.
I recognize that Armed Forces Insurance is based in Kansas. I specifically agree that any disputes over this Acknowledgment shall be governed by, construed and enforced in accordance with the laws of the State of Kansas without regard to its conflicts of law provisions. Jurisdiction and venue is limited in any proceeding to any court or arbitrator geographically located in Leavenworth County, Kansas.
I further agree that in the event that I choose to bring a legal action regarding any disputes over this Acknowledgment, I will not object to any petition or motion by a defendant requesting a transfer of the legal action to a court located in Leavenworth County, Kansas. Should I raise such an objection, I agree to pay the Company's attorneys and legal fees associated with any legal action brought by me in a state other than Kansas.
I HAVE READ THE FOREGOING ACKNOWLEDGMENT, UNDERSTAND THE TERMS AND CONDITIONS STATED THEREIN, AND AGREE TO THEM.