I am participating in the "Pioneer's Cutest Baby Photo Contest" (herein defined as the "Contest") conducted by the Pioneer Group (herein defined as the "Pioneer"). In order to participate in the Contest, I have personally submitted a photograph (herein defined as "Media') which may be posted on the Pioneer'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 Pioneer'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 Pioneer, Contest Sponsors, Prize Donors, Contest Beneficiary, Hearst Media, 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 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 hereby grant the Pioneer permission to use my likeness in a photograph, video, or other media in any and all its publications, including web-based publications, without payment or other consideration.
I understand and agree that all submission to the Contest will become the property of the Pioneer and will not be returned.
I hereby irrevocably authorize the Pioneer to edit, alter, copy, exhibit, publish, or distribute the Media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
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 Pioneer's website, may be posted for the purposes of a website based voting competition alongside other contestants. The competition may be advertised by the Pioneer on-air or by other advertising medium.
Minor's Release Statement
I hereby confirm and certify that I am the parent or legal guardian or have permission from the parent/ legal guardian of the minor "My Minor Child". I hereby acknowledge the foregoing Waiver and Release for and on behalf of My Minor Child 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'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. 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.
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.
By entering Pioneer's Cutest Baby Contest, I agree to all above terms of this Waiver and that the information provided on my application is accurate, and that by providing inaccurate or false information I understand that this entry to the Pioneer's Cutest Baby Photo Contest will be disqualified with no refund of entrance fee or votes received.