WBMX ONLINE PHOTO SUBMISSION RELEASE
1. I consent to the unrestricted use, publication, scanning, editing, cropping, resizing, viewing, broadcast, distribution, reproduction, display, and/or duplication of the Photo(s) by WBMX (the “Station”), CBS Radio, or their affiliated entities (the “Released Parties”) for advertising and publicity purposes relating to CBS
Radio or the Station or any of their affiliated entities, or for any other lawful purpose, in any media now known or hereinafter invented without any additional financial or other compensation. Under no circumstances will the Released
Parties be held liable or responsible for the content of the Photo(s) or for the authorized or unauthorized use, editing, viewing, broadcast, distribution and/or duplication of the Photo(s). I consent to the use of the Photo(s) or for any other lawful purpose, in any media now known or hereinafter invented without further notice or permission. I understand and agree that I have no right to approve or control the manner in which the Photo(s) may be used or displayed.
2. I acknowledge that CBS Radio is and shall be the sole and exclusive owner of the Photo(s) and shall have the right to exploit the Photo(s). I understand that the use and exploitation of the Photo(s) may subject me to risk of notoriety, publicity, ridicule, scorn and/or indignity.
3. Submitter represents and warrants the following:
1. The Photo submitted is a Photo of me.
2. Submission of the Photo does not violate any agreement or understanding in place with another party, including other organizations, and former or current employers, or their policies and procedures or the like that govern Submitter.
3. The Photo is Submitter’s own creation and Submitter owns all rights in and to the Photo, including, but not limited to, copyrights, digital rights and publicity rights. If Submitter is not the holder of such rights, the holder of them has completely and effectively waived all such rights and validly and irrevocably granted to Submitter the right to grant the license set forth in this Agreement.
4. The Photo is not indecent, illegal, pornographic, sexually explicit, or offensive and does not contain material showing aberrational behavior, graphic violence or drug abuse. The Photo does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.
5. The Photo does not violate any law, rule, or regulation of any governmental entity.
6. The Photo is not subject to any obligation of confidentiality.
7. Submitter has not accepted or agreed to accept, or paid or agreed to pay, any money, service or other valuable consideration for the inclusion of any matter in the Photo.
4. I AGREE THAT I WILL NOT MAKE ANY CLAIM AGAINST CBS RADIO, THE
STATION, ITS LICENSEE, CBS RADIO INC., ITS PARENT CORPORATION,
OR ANY OF THEIR SUBBSIDIARY OR AFFILIATED CORPORATIONS, THEIR
AFFILIATED ADVERTISING AGENCIES, PARTICIPATING SPONSORS AND
PROMOTIONAL PARTNERS, OR THE OFFICERS, SHAREHOLDERS,
DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OR ANY OF
THESE COMPANIES (COLLECTIVELY, THE “RELEASED PARTIES”). I
HEREBY RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY THE
RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSSES,
CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, COSTS OR
EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, NO MATTER
HOW CAUSED, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY
TO ANY BREACH OR ALLEGED BREACH BY ME OF ANY AFFIRMATION,
UNDERTAKING, OR OBLIGATION OF MINE IN THIS RELEASE, OR AS A
RESULT OF THE USE OF THE PHOTO FOR ANY PURPOSE, INCLUDING,
BUT NOT LIMITED TO, ANY CLAIM OF COPYRIGHT INFRINGEMENT,
INVASION OF PRIVACY OR RIGHT TO PUBLICITY, AND I ACKNOWLEDGE
THAT NONE OF THE RELEASED PARTIES HAVE MADE ANY
REPRESENTATION OR WARRANTY TO ME REGARDING THE PHOTO(S).
5. Submitter understands that submission of the Photo does not obligate CBS
Radio to broadcast or otherwise transmit, promote or use the Photo. Submitter further understands that the Photo will not be returned.
6. Submitter agrees that if Photo is selected for broadcast, display or dissemination, CBS Radio may use Submitter’s full name, title of the Photo, and city and state of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for CBS Radio and/or its designees. CBS Radio will not disclose any other personally identifiable information to the public, unless it is necessary to a) conform to regulatory and legal requirements or comply with the legal process; b) protect the safety and security of its users, employees, or property; c) to defend the rights of the CBS Radio Entities; or d) enforce this Agreement, the Station’s Terms of Use, and/or Privacy Policy.
7. Submitter certifies that he/she is over twenty one (21) years of age.
8. Submitter understands and accepts CBS Radio’s Privacy Policy, Terms of Use, and these additional terms, without reservation.
9. I understand that this Release is intended to be as broad and inclusive as permitted by law, and I agree that if any portion of this Release is deemed invalid, the remainder will continue in full force and effect. I further understand that this Affidavit and Release is to be interpreted under the laws of the State of Massachusetts, and I submit to the jurisdiction of the courts within the State of
Massachusetts and waive all objections to the jurisdiction or venue of such courts.
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