FLASH SALES, INC. – PARTICIPANT RELEASE FORM
I look forward to participating in the 2019 WaveRunner Ball and Legendary Shots Summer Video Contest (the “contest”) of Flash Sales, Inc. (the “Company”). As part of the, I will be submitting images, including but not limited to my name(s), trademarks, tradenames, likenesses, photographs, videos, biographical materials and all other graphic and/or textual material to Flash Sales, Inc. (collectively, the “ Materials”).
I hereby warrant and represent that I am the creator of and owner of any of the Materials which I submit during my Contest and I hereby grant Flash Sales, Inc. a royalty-free, perpetual, unconditional, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such Materials (in whole or part) including, without limitation, the names and likenesses of any persons or locations embodied therein, and/or to incorporate it in other works in any form, media, or technology now known or later developed. These rights include but are not limited to the ability to use the Materials (in whole or part) in any and all media including but not limited to the Flash Sales or its affiliates or its distributors, social media properties and/or offline media to promote/sell the WaveRunner Ball, in perpetuity without compensation, permission or notification to participant or any third party.
I hereby warrant and represent that: (i) I am a citizen of the U.S. (ii) I am free to enter into and fully perform all of my obligations hereunder and that I have secured all consents necessary to enter into this Agreement; (iii) the Materials do not and will not violate any law, statute, ordinance or regulation, (v) the rights granted herein will not infringe on any rights or interests of any third party; (iv) no additional consent from any parties regarding any elements contained in the Materials will be required for Company to exercise the rights granted to it herein; and (vi) the Materials are not and will not be defamatory or obscene.
I will defend, indemnify and hold Company harmless from and against any and all claims, demands, losses, damages or other payments, including, without limitation, reasonable attorney fees, arising out of any breach or alleged breach of any of my warranties or representations herein. I hereby release, discharge, and agree to save harmless the Company, its officers, agents, employees, assigns, licensees, distributors, from any and all claims, damages, liabilities, costs, and expenses that I now have or may hereafter have by reason of any use of the film, video, and/or photographs thereof.
I further expressly agree that the foregoing release is intended to be as broad and inclusive as is permitted by law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
I also have read and agree to the Acceptable Use Policy of Company Website which is the following:
4.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
4.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.
4.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, , and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your IP address and traffic information, usage history, and your User Content.
4.4 You agree if participant is under the age of 18 and is the grand prize winner, must be accompanied by and adult to the to be determined location for the video shoot with Legendary Shots, at a to be determined time. Flash sales Inc. will only pay for the winner(s) flight and hotel accommodations. Parents or legal guardians of the minor are required to pay for their own airfare to accompany the minor.
I have read this User Generated Content Release Form, fully understand its terms, and understand its contents. I acknowledge that I am signing the release freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
My consent and agreement is herein given.
Print Name ______________________________________
AGREED & ACCEPTED:
IF I AM A MINOR UNDER 18 YEARS OF AGE (FOR USE BY PARENT OR GUARDIAN) Name of Parent/Guardian________________________
I represent that I am a parent/guardian of the minor named above and I agree that the grant and release contained therein binds us and said minor to all of the terms thereof.
AGREED & ACCEPTED:
Signature of Parent/Guardian