PHOTO SUBMISSION, PERSONAL CONSENT, WAIVER AND RELEASE AGREEMENT
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This Photo Submission, Personal Consent, Waiver and Release Agreement ("Waiver") is a legal and binding contract
between the person uploading a photo ("me", "I", "my") through Care-A-Lot Pet Supply ("Company"). As a condition of and in
consideration of your participation in the Favorite Photo Submission Program ("Program") , you agree as follows:
- I agree to submit a photo and related identifying information (collectively, the "Photo") to Company in accordance
with this Waiver. If anyone other than me appears in the Photo, I warrant and represent that (i) I am the parent and/or
legal guardian of all children (minors) and pets whose likenesses and/or names appear in the Photo
(each such child, a "Child" and/or each such pet, a "Pet"), and/or (ii) I have obtained authorization from all other
adults appearing in the Photo to submit the Photo containing their likeness(es) and/or name(s) (each such adult, a "Permitted Adult").
I agree that neither me, nor any Child, Pet or Permitted Adult appearing in the Photo, if any, shall be entitled to any
compensation or credit because of the Use (as defined below) by Company or any of its authorized designees of the Photo.
I expressly acknowledge that (i) neither Company nor any of its authorized designees is obligated to Use the Photo, and (ii)
I claim no ownership in the Favorite Photo Contest or its depiction.
- I hereby grant to Company, to the fullest extent of my (and, if applicable, each Child's, Pet's and/or Permitted Adult's)
rights and interest therein, an irrevocable, royalty-free, fully sublicenseable, transferable, unconditional,
worldwide, non-exclusive license, in Company's sole and unfettered discretion, to use, reuse and otherwise exploit
(and authorize others to use, reuse and otherwise exploit) in any manner, and by any means, and for any purpose
(including, without limitation, to reproduce, create derivative works from, display, tag, and/or to make accessible on any site,
or through any web service API by means of any RSS or similar feed), and by or through any delivery technology, and in any media
now existing or hereinafter devised throughout the universe in perpetuity ("Use"), the Photo (and/or each component part thereof),
and all the intellectual property and/or personal and privacy rights embodied therein: (i) in connection with the Program, its
publicity, promotion, or advertising, and/or (ii) in connection with the promotion, publicity or advertising of Company's
contest entitled Favorite Photo (the "Contest"). Company shall have the right to assign this Waiver and all rights granted by you to
Company hereunder to any person. This Waiver shall inure to the benefit of Company's successors, assigns and licensees.
- In addition to the warranty and representation made in Paragraph 1 above, I also warrant and represent that: (i) I am the sole
owner of, or otherwise have the authority to grant, all rights herein granted; (ii) I created the Photo and no other person
contributed any creative element to the Photo; (iii) I have obtained express permission from the owner(s) of all third party
trademarks, names or logos, if any, that appear in my Photo, to include them in the Photo and to upload the Photo on the
Care-A-Lot Pet Supply site to participate in the Contest; (iv) no part of the rights herein granted by me has in any way been
encumbered, conveyed, granted or otherwise disposed of, by me or by anyone acting on my behalf, and all such rights are free and
clear of any and all liens, claims, charges or encumbrances whatsoever, and said rights and Company's full right to exercise the
same have not in any way been prejudiced, limited, diminished or impaired; (v) the exercise by Company or any of its authorized
designees of any of the rights granted by me hereunder, will not in any way, infringe upon the personal, privacy or other rights of
any person or entity whatsoever or constitute a libel, defamation or disparagement of any person or entity; (vi)
the recognizable likeness of no one other than me and/or one or more Children, Pets and/or one or more Permitted Adults appears in
the Photo; (vii) the Photo is not deemed prohibited content; and (viii) I have reached the age of majority in the jurisdiction in
which I live.
- I, on my own behalf and on behalf of my heirs, next of kin, executors, administrators, successors and assigns, and each Child, Pet
and/or Permitted Adult, if any, appearing in the Photo, hereby release Company, and each of their affiliates, and each of the
foregoing entities' officers, directors, shareholders, sublicensees, employees, agents, representatives and other authorized
designees (collectively, the "Releasees") from any and all claims, demands, actions, suits, proceedings or liability of any kind
whatsoever (collectively "Claims") which I (and/or any Child, Pet or Permitted Adult, if any) may have at present or which may occur
at any time hereafter, known or unknown, suspected or unsuspected, arising out of, or in connection with, or in any manner
related to, any of the following: (i) the Photo or any part thereof; (ii) any Use or failure to Use by Company, or by any of the
other Releasees, in whole or in part, of the Photo; (iii) the exercise by Company and/or any of its authorized designees of any of
the rights granted by me hereunder; or (iv) any distortion, modification, blurring or alteration of, editorial revisions to, changes
or errors in, the information or other materials contained in my Photo. This release is intended to include, without limitation, any
Claims for libel, slander, defamation, false light, intentional infliction of emotional distress, copyright infringement or violation
of any right of privacy or publicity (statutory or otherwise). I agree on my own behalf, and on behalf of my heirs, administrators,
next of kin, executors, successors and assigns, and each Child, Pet and/or Permitted Adult, if any, appearing in the Photo,
that neither I nor any of the foregoing will make, assert or maintain against any of the Releasees any Claims related to any of the
foregoing. I hereby agree to defend, indemnify and hold harmless each of the Releasees from and against any and all Claims, losses,
damages, costs and expenses (including reasonable outside attorneys' fees) of any kind or nature whatsoever in connection therewith
which may be made or suffered by any of the indemnified Releasees by reason of the breach of any of my warranties,
representations or undertakings under any provision of this Waiver. In agreeing to the release provisions of this Waiver,
I understand that I (and each Child, Pet and/or Permitted Adult, if any appears in the Photo) may be waiving rights with
respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, I hereby acknowledge
that I have read and understand, and hereby expressly waive the benefits of Section 1542 of the Civil Code of California,
which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." I knowingly and voluntarily waive the exercise of any provision of law known as "droit moral" or any
similar law which may now or hereafter be recognized in any country or place, and agree not to institute, support, maintain
or permit any action or proceeding on the ground that any derivative work that may be made by Company or any of its
authorized designees in any way constitutes an infringement of my droit moral or a defamation or mutilation of the Photo.
- I agree that neither I nor any Child, Pet or Permitted Adult appearing in the Photo shall have the right to enjoin or
restrain the development, production, advertising, promotion, distribution or exploitation of the Program, the Contest, or
any other contest, production or project of Company or any of its affiliates. I hereby acknowledge that the internal
substantive laws (as distinguished from the choice of law rules) of the State of Virginia and the U.S.A. applicable to
contracts made and performed entirely in Virginia shall govern the validity and interpretation of this Waiver and all
other causes of action (whether sounding in contract or in tort) arising out of or relating to this Waiver.
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