CONSENT & RELEASE
Starting November 17, 2017 through December 8, 2017, BMW of North America, LLC. (“client”) will be collecting owner’s stories for the BMW i3 landing page. Stories may be submitted in the form of video (min resolution 1600x600) or images (min 200dpi). By submitting my BMW i3 story, I waive my rights to the content as follows:
1. GRANT OF RIGHTS. I hereby grant to Client and their respective officers, directors, employees, subsidiaries, affiliates, licensees, successors, and assigns, and others working for them or on their behalf (collectively, the “Permitted Parties”) the right and permission: to use, reproduce, distribute, exhibit, display, perform, and otherwise exploit any resulting films, photographs, and recordings (collectively, the “Materials”), and my name, picture, likeness, image, voice, statements, biographical information, and performance (“Persona”), and any material based thereon or derived therefrom, edited or altered as the Permitted Parties see fit, together with any other material, in any manner, venue, format, and media (whether now known or hereafter devised), anywhere in the world, in perpetuity, for any lawful purpose, including, without limitation, for purposes of advertising or trade. I understand that nothing herein shall obligate any Permitted Party to exercise any of the rights granted herein.
2. OWNERSHIP. I agree that all Materials shall be owned by Client and I hereby assign to Client any and all right, title and interest in and to the Materials that I may possess.
a. I acknowledge and agree that I shall have no right of approval, no claim to additional compensation, and no claim (including, without limitation, claims based upon copyright, invasion of privacy, defamation, or right of publicity) arising out of the creation of or any use of the Materials or my Persona. In addition, I hereby waive the benefit of any provision of law known as droit moral or moral rights, or any similar or analogous law or decision in any country of the world. I also hereby waive any right to enjoin or interfere with the creation, performance, production, distribution or exploitation of any Materials.
b. I EXPRESSLY AGREE THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
4. REPS/WARRANTIES. I represent and warrant that: (a) I am over the age of majority; (b) I have the right and authority to enter into this agreement and to grant the rights granted hereunder; and (c) any statements made by me represent my current honest opinions, beliefs, and experiences, these statements were made without any promise of payment or other benefit in exchange for providing my views, and I will notify Client of any change in these views.
5. SUBMISSION REQUIREMENTS: All Entries must comply with the following minimum guidelines to be eligible:
- Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity;
- Entry cannot promote alcohol, illegal drugs or tobacco;
- Entry cannot defame, misrepresent or contain disparaging remarks about people or companies;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Entry cannot depict illegal activity and cannot itself be in violation of any law;
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person;
- Entry must not include any private information of a third party such as name, address, phone number, or email address;
- Entry cannot be submitted previously in a promotion or sweepstakes of any kind or exhibited or displayed publicly through any means. By submitting an Entry, the Entrant understands and grants to BMW of North America, LLC. permission to use his/her Entry, and other Entrant information provided by the Entrant on Sponsor’s website, Sponsor’s social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification.
6. CONFIDENTIALITY. All non-public information and materials provided to me, or that relates in any manner to the subject matter hereunder, to the materials created hereunder, to the Event, or to any potential marketing or advertising campaign, shall be deemed confidential information (“Confidential Information”). I will not: (a) use, or disclose to any third party (including, without limitation, via text messaging, blogging, or social media), the Confidential Information, except as authorized in writing by a Permitted Party or as required by law; or (b) make any public statement, publish anything online or otherwise, or speak to the media about my services hereunder or the materials created hereunder, or make any reference to any Permitted Party, except as authorized in writing by a Permitted Party.
7. MISCELLANEOUS. This agreement constitutes the entire understanding between the parties hereto regarding the subject matter hereof and cannot be altered or waived except by a writing signed by both parties. No waiver by either party of the breach of any term or condition of this agreement shall constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this agreement.