Have the video Australia waiver to declare the truth information you filled under the laws.
I, the undersigned individual, being duly sworn on oath, hereby certify and declare as follows:
Contest and Prize Background
I am submitting this Affidavit of Eligibility and Release (this “Affidavit”) in connection with the theCHIVE’s Weekly Video Challenge Contest (the “Contest”), administered by Chive Media Group, LLC (“Administrator”).
I submitted the following entry into the iChive Contest: "theCHIVE 25" (my “Entry”), which Entry is subject to all terms and statements of this Affidavit.
I understand and acknowledge that, subject to verification of my eligibility, my prize for winning the Contest is an award of $250 (the “Prize”), minus any applicable third party payment processing fees, having an estimated fair market value of $250. I understand and acknowledge that I will be paid the Prize by PayPal and the actual amount of the Prize will deducted by the amount of any PayPal processing fees.
I have read and complied with, and will continue to comply with, all rules, regulations, terms, and conditions related to this Contest (the “Contest Rules”), including without limitation the Official Contest Rules, available at: www.thechive.com/contestrules/video.
I am submitting this Affidavit with the understanding that it will be relied upon by Administrator as a condition of Administrator’s awarding of, and my being entitled to receive, the Prize.
I am not an employee, representative, or agent of Administrator or any sponsor of the Contest, nor of any of their parents, subsidiaries, or affiliated entities; nor am I an immediate family member (spouse, mother, father, sister, brother, daughter, or son) or member of the same household (whether related or not) of any such employee, representative, or agent of any such entity; and I have not participated in the Contest on behalf of any of the foregoing classes of individuals.
I understand and acknowledge that I am solely responsible for all federal, state, and local taxes associated with the value of the Prizes, and for any shipping and handling and payment processing charges related to delivery of the Prize.
I understand and acknowledge that my entitlement to any award of the Prize is subject to Administrator verifying the validity and eligibility of: my Entry; all content, materials, works, literature, or other media of any kind submitted by me as or in connection with my Entry and/or my participation in the Contest; my compliance with the Contest Rules; my eligibility to participate in the Contest and win the Prize; and my statements made in this Affidavit.
I have not taken and will not take any action in violation of any of the Contest Rules; nor have I have not sought to influence the outcome of the Contest other than by participating in the Contest as expressly permitted in the Contest Rules.
Winning Contest Entry
I grant Administrator and its parents, subsidiaries, affiliated entities, licensees, designees, successors, and assigns (collectively, the “Administrator Entities”) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable, and transferable license to use, copy, exhibit, transmit, distribute, prepare derivative works of, broadcast, display, edit, modify, telecast, publicly perform and display, stream, compile with other works, and otherwise exploit my Entry in any media formats now known or hereafter devised and through any media channels (including without limitation, on the Properties and Chive TV), for all commercial and non-commercial purposes, in Administrator’s sole discretion, all without any further compensation, consideration, notice to, or approval by, me.
I grant Administrator Entities the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use name, image, likeness, voice, identity, social media ID, statement, hometown, and biographical information, in any and all media now known or later devised and through any media channels, for all commercial and non-commercial purposes, in Administrator’s sole discretion, all without any further compensation, consideration, notice to, or approval by, me.
I am the exclusive owner of all right, title, and interest (including without limitation all copyrights and ownership rights) in and to my Entry.
I have obtained full clearance, consent, and permission from the respective owner to use, feature, incorporate, and/or display any and all materials, works, content, music, performances, compositions, or trademarks owned by any third party (collectively “Third Party Materials”) to use, feature, incorporate, and/or display those Third Party Materials in connection with my Entry and in connection with the submission of my Entry into this Contest.
I have obtained full clearance, consent, and permission from the respective owner to use, feature, incorporate, and/or display the name, image, likeness, voice, identity, social media ID, statement, hometown, and biographical information (collectively “Likeness”) of any and all persons to use, feature, incorporate, and/or display that person’s Likeness in connection with my Entry and in connection with the submission of my Entry into this Contest.
I have not assigned, transferred, or exclusively licensed any rights, including without limitation any copyrights or other intellectual property rights), in my Entry or any portion thereof to any third-party, nor otherwise encumbered my entry or any rights therein.
My Entry does not and will not violate or infringe upon the rights of any third party.
Release
I FOREVER RELEASE AND HOLD HARMLESS ADMINISTRATOR ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT I MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO MY ENTRY INTO, INABILITY TO ENTER INTO, OR PARTICIPATION IN THE CONTEST. MY FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO ME OR MY PROPERTY; (C) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE, OR DELAYED ENTRIES; (D) RECEIPT, USE, OR MISUSE OF THE PRIZE; (E) ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (F) THIRD-PARTY INTERVENTION INTO THE CONTEST OR OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (G) USE OF THE WEBSITE ON WHICH THE CONTEST IS CONDUCTED; AND (H) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CONTEST OR THE DISQUALIFICATION OF ANY ENTRANT OR WINNER; (H) BREACH OF CONTRACT; AND/OR (I) INFLICTION OF EMOTIONAL DISTRESS; DEFAMATION, FALSE LIGHT, COMMON LAW OR STATUTORY MISAPPROPRIATION, INVASION OR OTHER VIOLATIONS OF ANY ACTUAL OR PURPORTED RIGHT OF PRIVACY AND/OR PUBLICITY.
IF I AM A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN I EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR MY STATE’S SUBSTANTIALLY SIMILAR LAW, AND I DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR MY STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, I EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY ME BY THIS AFFIDAVIT IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY ME AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH I CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH I MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO MY STATE’S SUBSTANTIALLY SIMILAR PROVISION
I agree to indemnify, defend, and hold harmless the Administrator from and against any all third-party Claims related to my: (a) breach or violation of the Contest Rules, this Affidavit, or of any representation, warranty, or provision contained herein or otherwise made in connection with the Contest, the Contest Rules, or this Affidavit; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.
Additional Terms
I have full right, permission, and consent, without the necessity of obtaining the consent of any third party, to grant to Administrator all rights, licenses, consents, and releases granted by this Affidavit and by the Contest Rules.
I understand and acknowledge that my truthful and accurate completion of this Affidavit and any other forms requested by Administrator, each in a form and substance acceptable to Administrator, is a condition of my receipt of the Prize and that, if I fail to complete this Affidavit or any such other Forms, I will be ineligible to win the Contest or claim or receive the Prize and will forfeit the Prize.
I agree that the Contest and this Affidavit will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to conflict of laws principles, and that any Claims relating to the Contest Rules of this Affidavit will be exclusively adjudicated in the State or Federal Courts located in Austin, Texas.
I will return a signed copy of this Affidavit to Administrator, by mail, reputable courier, or email, within 7 days of my receipt of this Affidavit. If I fail to return this Affidavit within the foregoing time period, I will forfeit any and all of my right to win, accept, or claim the Prize.
I HAVE READ AND FULLY UNDERSTAND ALL TERMS AND PROVISIONS OF THIS AFFIDAVIT. I ACKNOWLEDGE AND AGREE THAT, BY SIGNING THIS AFFIDAVIT, I HAVE VOLUNTARILY GIVEN UP SUBSTANTIAL RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHT TO FILE A LAWSUIT AGAINST ANY RELEASEE AND THAT I INTEND THIS AFFIDAVIT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL RELEASEES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. I WAIVE ANY RIGHT I HAVE OR MIGHT HAVE TO DISPUTE THE SCOPE OF THE RELEASE CONTAINED HEREIN, REGARDLESS OF THE GROUNDS FOR ANY DISPUTE.
FURTHER AFFIANT SAYETH NAUGHT.
I declare under penalty of perjury under the laws of the State of my residence that the foregoing is true and correct.
Personal Information
I am at least 18 years of age.
I am a legal resident of the United States of America.
My personal information is as follows:
