Wavier And Release Agreement- Photo/Video Contest

August 2, 2016

I am participating in  the promotional contest (herein defined as the “Contest”) conducted by  this radio station (herein defined as the “Station”).  In order to  participate in the Contest, I have personally submitted a photograph or  video or recording (herein defined as “Media’) which may be posted on  the Station’s internet website for voting.  By participating in the  Contest, I have a chance to win a prize (the “Prize”). I understand that  the Media submitted may be viewed on a public website and may be judged  or voted on by the public as a part of the Contest.  I understand that  in order to participate in the Contest, I also consent to be subject to  the station’s Contest rules and have reviewed the Contest Rules. In  consideration for allowing me to participate in the Contest, I  understand and agree to the following:

For purposes of this Release Agreement, the “Released Parties” shall  mean any person or entity associated in any way with the Contest,  including but not limited to the Station, Contest sponsors, iHeartMedia +  Entertainment, Inc., and each of their respective parents,  subsidiaries, affiliates, officers, directors, talent and employees.   Furthermore, for purposes of this Release Agreement, the term “Loss”  shall mean all damages, losses, costs, and injuries of every kind and  character including, but not limited to, all economic damages, loss of  business opportunities, embarrassment, mental anguish, loss of  consortium, loss of services, loss of companionship, and loss of  employment.

IN CONSIDERATION FOR ALLOWING Me TO PARTICIPATE IN THE CONTEST, I,  hereby hold harmless, release, indemnify, and discharge from liability  THE RELEASED PARTIES from all liability, claims, judgments, demands,  controversies, agreements, damages, actions, and causes of action  whatsoever, ARISING OUT OF OR RELATED IN ANY WAY TO THE CONTEST, the  conduct of the contest or use of the media, WHETHER in law or equity, no  matter what the cause OR NATURE, AND I FURTHER WAIVE ANY CLAIMS THAT I  MAY STATE OR ASSERT AGAINST ANY OF THE RELEASED PARTIES IN association  with the CONTEST, any of its associated activities, use of the media or  in any way related to or resulting from the CONTEST EVEN IF SUCH INJURY  OR CLAIMS RESULTS from or IS caused by THE negligence or gross  negligence OF ANY OF THE RELEASED PARTIES, in whole or in part.  I  further agree to indemnify and hold harmless THE RELEASED PARTIES from  any claim arising out of my participation in the CONTEST or the use of  the media including, without limitation, all claims brought or asserted  by any third party as a result of any INJURY OR LOSS THAT I OR THEY MAY  sustain IN ANY WAY ASSOCIATED WITH MY PARTICIPATION.

I hereby warrant and represent that (i) I am the sole owner of the  Media submitted in the Contest; (ii) that I have obtained the written  consent, release, and/or permission of each and every identifiable  individual person in the Media submitted to use the name or likeness of  each and every such identifiable individual person to enable inclusion  and use of the Media in the manner contemplated by the terms of the  corresponding Contest Rules; (iii) if representing that the Media  subject is myself, by my signature and submission of this release, I  warrant that the subject of the Media is myself and of no one else; (iv)  that such Media does contain any materials owned or controlled by a  third party for which I have not obtained a license; and (v) that such  Media does not infringe on any third party’s intellectual property  rights, including copyrights, trademarks, rights of privacy, publicity  or other intellectual property or other rights of any person or entity.

I understand that by entering and submitting in the Contest, I have  granted to the Released Parties, a perpetual, worldwide, non-exclusive,  royalty-free, sub-licensable (through multiple tiers) right and license  to use, publish, reproduce, display, perform, adapt, modify, distribute,  have distributed and promote such Media and content in any form, in all  media forms, now known or hereinafter created, anywhere in the world,  for any purpose. 

I acknowledge and agree that the Released Parties may subsequently  use for publicity and/or promotional purposes, my name, likeness,  photographs, videotapes, other recordings or Media, including but not  limited to the Media submitted in the Contest, without any additional  consideration to me beyond allowing participation in the Contest.

I understand and agree that the Media posted on the Station’s  website, may be posted for the purposes of a website based voting  competition alongside other contestants.  The competition may be  advertised by the Station on-air or by other advertising medium.

I certify, acknowledge and agree as follows: (i) I am over the age of  eighteen (18); (ii) I have read this agreement carefully and understand  its provisions; (iii) I understand that I have the right to consult  with an attorney; (iv) I have determined that it is in my best interest  to enter into this agreement; (v) If any provision of this Agreement is  deemed unenforceable or void, the remainder of this Agreement shall not  be affected and will be fully enforceable, and (vi) I enter into this  agreement knowingly and voluntarily.

MINOR’S RELEASE  STATEMENT (IF MEDIA SUBJECT IS UNDER 18 YEARS OLD, PARENT OR LEGAL  GUARDIAN MUST REVIEW AND SIGN MINOR’S RELEASE BELOW:

I hereby confirm and certify that I am the parent or legal  guardian of the minor “My Minor Child(ren)”.  I hereby acknowledge the  foregoing Waiver and Release for and on behalf of My Minor Child(ren)  and agree to bind myself, My Minor Child(ren)’s and any heirs, next of  kin assigns or personal representatives to all the terms of this Waiver  and Release. I fully consent to My Minor Child(ren)’s participation in  the Contest and I agree that all provisions of the above Waiver and  Release shall be effective as to My Minor Child(ren). I also agree to  indemnify and hold harmless the Released Parties for any expenses,  claims or liabilities that may arise as a result of any insufficiency of  my full legal authority to execute the foregoing Waiver and Release  Agreement.

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