RELEASE AND WAIVER FORM FOR
TIDE TO GO CREATE A TALKING STAIN PROMOTION
BY ENTERING THIS CONTEST YOU AGREE THAT YOU HAVE READ AND COMPLY WITH THIS RELEASE IN ITS ENTIRETY
For the good and valuable consideration to participate in and in connection with the Tide To Go® Contest ("Contest") and/or inclusion on the Tide To Go website, sufficiency of which is acknowledged, I, on behalf of myself, and my successors and assigns, agree with and represent to The Procter & Gamble Company (P&G) and or others working on their behalf and any publishers, or other interested media as follows:
1. I agree that my submission conforms to the Picture Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that P&G, in its sole discretion, may remove my submission if it believes, in its sole discretion, that my submission fails to conform to the Guidelines and Restrictions in any way.
Picture Guidelines:
- Contain only the eligible participant
- The picture must be in .jpg, .gif, or .png format;
- The picture must have a file size less than five (5) MB; and
- The picture cannot have been submitted previously in a contest of any kind or exhibited or displayed publicly through any means previously.
Content Restrictions: The picture must
- not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- not contain brand names or trademarks (for instance in the background);
- not contain any unacceptable clothing or adornments, or display any commercial/corporate advertising (including but not limited to corporate logos, brand names, slogans, political, personal and religious statements);
- not disparage persons or organizations associated with Sponsor
- not contain artwork not created by entrant;
- not contain material that is inappropriate, indecent (including but not limited to nudity, or pornography), profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group);
- not include threats to any person, place, business, or group;
- not invade the privacy or other rights of any person, firm, entity;
- not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
- not contain material that is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations the laws or regulations in any state where Picture is created.
- not feature persons under the age of 13
2. I understand and agree that the use of the P&G's intellectual property, including but not limited to the Tide To Go trademark, and the Tide To Go TV ad, are permitted only for the purpose of making the modified Tide to Go TV ad ("Ad") for this contest, and that any use beyond this scope shall infringe the rights of P&G and shall be actionable against me. I agree that my use of the Tide To Go trademark will do nothing to deride, defame or damage the goodwill and reputation in the mark.
3. I acknowledge that P&G is the owner of the copyright and all intellectual property rights in the modified Ad. To the extent that I own any intellectual property rights in the modified Ad, I hereby give permission, irrevocable and in perpetuity, to reproduce, copy, publish, broadcast, or otherwise use my name, image, statements, or any material based upon or derived from them or the modified Ad featuring my likeness and voice, in any media whatsoever throughout the world, including, without limitation, for any and all advertising, promotion and other purposes of trade.
4. I hereby voluntarily and knowingly, release, discharge and relinquish any and all claims, actions and lawsuits of any kind against P&G related to or arising from my participation in the Contest, including, without limitation, publicity rights, privacy rights, royalties, travel to and from any location used in connection with the Contest, the making, taping, production, use, editing, distribution, licensing, promoting, and/or exhibition of the video including, without limitation, any claims, actions or lawsuits for wrongful death, negligence and/or other fault, either active or passive, personal injury, wrongful death, defamation, false light, violation of right of publicity, invasion of privacy, disclosure of embarrassing private facts, fraud, breach of contract, infringement of copyright, and negligent or intentional infliction of emotional distress. I acknowledge that I may hereafter discover claims in addition to the ones released in this document, and I hereby release P&G from any such unknown and/or unsuspected claims. I acknowledge and agree that this waiver is an essential and material term of this Release, and without such waiver I would be ineligible to participate in the Contest.
5. I agree that I shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional. My participation in the Contest is completely voluntary. There is no agreement between me and P&G of any kind express or implied, other than as set forth in this Release. I am disclosing my video entry with the full understanding that no confidential or other relationship, fiduciary or otherwise, exists between me and P&G.
6. I acknowledge that my participation may present certain risks to me, and I hereby assume any and all risks, known or unknown, associated with my participation in the Contest.
7. I further certify that to the best of my knowledge and belief, neither I nor any of my immediate family works for or has previously been employed by P&G, its affiliates, subsidiaries, advertising and promotion agencies.
8. By entering the contest, I warrant that I am at least 18 years of age and that I have full, complete and unrestricted right and authority to enter into this release.
9. If entrant is deemed a minor in his/her state: You must have parental consent in order to enter the contest and your parent or legal guardian must agree to the following terms and conditions: I represent and warrant that I am the parent or legal guardian of the minor whose name appears above, that I have read and approve of the foregoing Release, and consent to its execution by my child/ward. I hereby release the Released Parties as set forth and in accordance with the foregoing Release from any claims and/or causes of action I may have against them of any nature whatsoever. I hereby fully and unconditionally guarantee my child's/ward's releases and waivers as set forth above.
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