THE SIMPLE PLAN SONG SAVED MY LIFE
PHOTO CONTEST
SUBMISSION
AGREEMENT
IMPORTANT: This
Submission Agreement (the "Submission Agreement") is made
between you and Atlantic
Recording Corporation ("Sponsor") in connection with your submission of Submission Materials
to the Contest. The terms
"Submission Materials" and "Contest," and all other terms
capitalized but not defined in this Submission Agreement, shall have the
meaning assigned to such terms in the Official Rules, and this Submission
Agreement is incorporated by reference into the Official Rules. You should read and understand the Official
Rules before providing any Submission Materials to Sponsor or otherwise in
connection with the Contest.
1. License
to Submission Materials. For clarity, as between you and Sponsor, you will retain
ownership of your Submission Materials, provided, however, that if the
Submission Materials incorporate any content owned by any Contest Entity, such
content will continue to be owned by such Contest Entity, and nothing herein
authorizes you to use such content for any purpose. By submitting your Submission Materials, you
grant to Sponsor and Warner Music Inc. and members of the band Simple Plan a
world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,
transferable, and fully sublicensable (through multiple tiers) license, without
additional consideration to you or any third party, to: (a) reproduce,
distribute, transmit, perform and display (publicly or otherwise), make
available to the public, adapt, modify, edit, translate, make, sell, offer to
sell, import and otherwise use and exploit (and have others exercise such
rights on behalf of Sponsor or Warner Music Inc. or Simple Plan, through
multiple tiers) your Submission Materials, any ideas accompanying, related to,
or embodied in your Submission Materials, and any materials embodying,
incorporating, or derived from your Submission Materials, in any format or
media now known or hereafter developed (including without limitation Internet,
cable, satellite, mobile, and wireless media); (b) create derivative works
from your Submission Materials and incorporate your Submission Materials into
other works or into Sponsor's, Warner Music Inc.'s, or their respective
designees' products or services, including without limitation by embedding or
incorporating advertisements into, before, or after, or displaying
advertisements adjacent to or otherwise in connection with, the Submission
Materials; (c) rate, review, comment on, evaluate, and judge your
Submission Materials and permit third parties to do so; (d) exercise all
copyright, trademark, publicity and other proprietary rights with regard to
your Submission Materials; (e) use your name, photograph, portrait,
picture, voice, likeness and biographical information as news or information
and for advertising or promotional purposes, whether or not in connection with
your Submission Materials; and (f) use your Submission Materials for the
purpose of promoting the Contest and for any other advertising or promotional
purposes. The foregoing license shall
survive any termination or expiration of this Submission Agreement for any
reason.
All
Submission Materials are non-confidential and may be used on a non-restricted
basis. IF YOU DO NOT WISH TO GRANT THE
RIGHTS GRANTED IN THIS SECTION 1, PLEASE DO NOT PARTICIPATE IN THE
CONTEST.
PLEASE NOTE: IF YOU WERE NOT THE PHOTOGRAPHER OF YOUR
SUBMISSION MATERIALS, YOU MUST HAVE SECURED THE RIGHTS TO USE THE PHOTO FROM
THE APPLICALE PHOTOGRAPHER. BY ENTERING
THE CONTEST, YOU WARRANT AND REPRESENT THAT YOU HAVE SECURED SUCH RIGHTS.
2. Waiver. To the
maximum extent permitted by law, you agree to forever release, discharge, and
waive all claims against each of the Sponsor, Warner Music Inc., Atlantic
Recording Corporation and each of the other Contest Entities from, and covenant
not to initiate, file, maintain, or proceed upon any suit, claim, demand, or
cause of action against any Contest Entity with respect to, any Losses (as
defined in the Official Rules) that relate in any way to this Submission
Agreement or the Submission Materials or any Entry, including without
limitation any claim for idea misappropriation.
Additionally, you hereby waive any and all rights that you may have
under any laws or statutes worldwide that concern "moral rights" or "droit moral," in connection
with your Submission Materials and Entry.
3. Intentionally Omitted.
4. Consideration. You
acknowledge and agree that you have received good and valuable consideration in
exchange for the rights granted by you hereunder in and to the Submission
Materials, including without limitation the opportunity to win a prize, and the
possibility that publicity or favorable exposure may arise from Simple Plan or Sponsor's
use of the Submission Materials or Entry incorporating or embodying the
Submission Materials. You acknowledge
and agree that you are not entitled to any further compensation for any use or
other exploitation by Sponsor or any other party (including without limitation
any Contest Entity) of the Submission Materials or Entry.
5. Representations
and Warranties.
a. You
represent and warrant that: (i) all information that you provide in
connection with the Contest, including without limitation any registration
information, is and will remain true, accurate, and complete; (ii) you
have the legal right and authority to enter into this Submission Agreement with
Sponsor; (iii) you have complied and will comply with the Official Rules;
(iv) you have not submitted and shall not submit your Submission Materials
to any other video site or service, or any other contest, festival, or
promotion, whether online or otherwise; (v) the Submission Materials are
all your original, sole work, provided that if a 3rd party
photographer photographed your submission materials, you have secured all
rights to such photograph on Sponsor’s behalf; (vi) you solely own, or
otherwise have the full right and permission to exploit, all of the rights in,
to, and under the Submission Materials and to grant the rights and licenses set
forth herein, and that no third party materials have been included, incorporated
or embodied in the Submission Materials; (vii) no identifiable individual (other
than you) appears in the Submission Materials or if any other identifiable
individual is included in the Submission Materials, you hereby warrant,
represent and agree that you have secured such individual’s consent to grant
Sponsor all rights in and to use the photograph as described herein and in the
Official Rules; (viii) the Submission Materials, and the use thereof by
the Contest Entities and their respective designees, do not and shall not
infringe upon or violate any patent, copyright, trademark, trade secret, or
other intellectual property rights or other rights (including without limitation
rights of privacy or publicity) of any third party; (ix) the Submission
Materials are not confidential and do not contain any confidential information;
and (x) in creating the Submission Materials, preparing them for the
Contest, entering the Contest, and submitting your Submission Materials to the
Contest, you (A) have complied and will comply in all respects with all
applicable laws, rules, and regulations and (B) have not violated and will
not violate any understanding by which you are explicitly or implicitly bound
(including without limitation any agreement with any third party).
b. You
represent and warrant that your Submission Materials do not and shall not
contain any material that, in Sponsor's sole discretion: (i) impersonates
any person or entity, or falsely states or otherwise misrepresents your
affiliation with a person or entity, without such person or entity's prior
written consent; (ii) constitutes personally identifying information or other
personal or identifying information about you or any individual; (iii) is
false, deceptive, misleading, scandalous, indecent, obscene, pornographic,
unlawful, defamatory, libelous, fraudulent, tortious, threatening, harassing,
hateful, degrading, intimidating, or racially or ethnically offensive, or contains
nudity, pornographic images, explicit sexual themes, or graphic violence;
(iv) encourages conduct that could be considered a criminal offense, could
give rise to criminal civil liability, or could violate any law, or that could
otherwise be considered inappropriate; (v) constitutes a virus, worm,
Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or
program that is harmful or invasive or may or is intended to damage or hijack
the operation of, or to monitor the use of, the Registration Site, the Contest,
or any hardware, software, or equipment; (vi) constitutes any advertising,
promotional material, or other form of solicitation; or (vii) constitutes
any material, non-public information about a company.
c. Sponsor
reserves the right (but not the obligation), in its sole discretion, to verify,
whether prior to processing the Submission Materials or at any other time, that
all necessary rights, clearances, consents, releases, and/or permissions in or
relating to the Submission Materials have been obtained. Sponsor reserves the right to disqualify you,
and to refuse, reject or remove your Submission Materials and/or Entry, if
Sponsor determines at any time, in its sole discretion, that all necessary
rights, clearances, consents, releases and/or permissions have not been
obtained by you. You agree to cooperate
with Sponsor in any verification or inquiries related to the foregoing.
d. This Section 5 shall survive
any termination or expiration of this Submission Agreement for any reason.
6. Indemnity. Without
limiting Section 4(d) of the Official Rules, you agree to indemnify and
hold harmless Sponsor, Warner Music Inc., Atlantic Recording Corporation,
Simple Plan and each of the other Contest Entities, and the respective employees,
officers, directors, shareholders, agents, representatives, vendors, suppliers,
and third party service providers of the foregoing, from and against any and
all Losses arising, in whole or in part, directly or indirectly, out of or in
connection with: (a) any use or other exploitation, or failure or omission
to use or otherwise exploit, your Submission Materials or Entry; (b) your use
of or access to, or your inability to use or access, the Registration Site;
(c) any breach by you of any covenant, representation, or warranty set
forth in this Submission Agreement; or (d) any claim that your Submission
Materials or any use or exploitation thereof caused damage to or infringed upon
or violated the rights of a third party (including without limitation past,
present or future infringement, misappropriation, libel, defamation, invasion
of privacy or right of publicity or violation of rights related to the
foregoing).
7. Limitation
of Liability. To the extent permitted by applicable law: (a) in no event will Sponsor, Warner
Music Inc., Atlantic Recording Corporation or any other Contest Entity be
responsible or liable for any damages or losses of any kind, including without
limitation indirect, incidental, consequential, or punitive damages, arising
out of or related to this Submission Agreement or your Submission Materials or Entry,
even if a Contest Entity has been advised of the possibility of such damages;
and (b) in no event shall Sponsor's aggregate liability arising out of or
relating to this Submission Agreement (regardless of the form of action giving
rise to such liability, whether in contract, tort or otherwise) exceed
fifty dollars ($50.00).
8. Severability. If any
provision of this Submission Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other term
hereof, and this Submission Agreement will be interpreted and construed as if
such term, to the extent such term will have been held to be invalid or
unenforceable, had never been contained herein.
In addition, if any provision of this Submission Agreement shall for any
reason be held to be excessively broad as to duration, geographical scope,
activity or subject, it shall be construed by limiting and reducing it, so as
to be enforceable to the extent compatible with applicable law.
9. Assignment. This Submission
Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be transferred or assigned by Sponsor
without restriction.
10. Printed
Copy. At
any time upon Sponsor's request, you agree to execute a non-electronic hard
copy of this Submission Agreement and/or the Official Rules.
11. Survival. The
licenses and rights granted and assigned by you in and to the Submission Materials
and Entry, and your waiver of claims with respect thereto, shall survive any
termination of this Submission Agreement for any reason. In addition, all warranties, indemnities, and
all provisions of this Agreement that may reasonably be interpreted or
construed as surviving the termination of this Agreement shall survive the
termination of this Agreement for any reason.