I am participating in a promotional campaign (herein defined as the "Campaign") conducted by iHeartMedia + Entertainment, Inc. (herein defined as the "iHeartMedia"). In order to participate in the Campaign, I have personally submitted various content, including but not limited to, audio, audio visual materials, photographs, video, recordings or any other media content (herein defined as "Media") which may be uses on iHeartMedia's internet websites, social media, radio station broadcasts, or any other medium used by iHeartMedia in connection with the Campaign. I understand that the Media submitted may be viewed on a public website, heard on a local radio station, or used in connection with the Campaign in any manner. In consideration for allowing me to participate in the Campaign, 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 Campaign, including but not limited to the iHeartMedia radio stations, Contest sponsors, iHeartMedia + Entertainment, Inc., and each of it's 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 CAMPAIGN, 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 CAMPAIGN, 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 CAMPAIGN, any of its associated activities, use of the Media or in any way related to or resulting from the CAMPAIGN 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 CAMPAIGN 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 Campaign; (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 this agreement; (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 not 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 submitting in the Media, 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 Campaign, without any additional consideration to me beyond allowing participation in the Campaign.
I certify, acknowledge and agree as follows: (i) I am over the age of eighteen (18); (ii) I have read this release 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 release agreement; (v) If any provision of this release agreement is deemed unenforceable or void, the remainder of this release agreement shall not be affected and will be fully enforceable, and (vi) I enter into this release 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 Campaign 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.