Cool Off Challenge Video Release
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Please review the below terms and conditions before submitting your video:
For good and valuable consideration, the receipt of which is hereby acknowledged, I, person signing release, agree to the following:
- Social Post. I hereby irrevocably grant to Madame Tussauds Las Vegas (MTLV), each of its parent companies, affiliates and subsidiaries, the successors and assigns of each of the foregoing and the contractors, licensees and designees of each of the foregoing (collectively, including MTLV, the “Licensees”) the right to use my Cool Off Challenge video submission, in any and all media and formats whether now or later known or developed, throughout the universe, in perpetuity, for any entertainment, marketing, promotional or other commercial purpose, including, without limitation, in and in connection with a Missy Elliott-themed attraction at Madame Tussauds Las Vegas (the “Attraction”) and any and all advertising, marketing, promotion and/or publicizing of the Attraction. The foregoing includes, without limitation, the right to (a) edit, subtract from, add to and juxtapose any or all of the Social Post and (b) reproduce, distribute, make derivative works of and otherwise exploit the Social Post.
- Name, Likeness, Etc. I hereby irrevocably grant to the Licensees the right to use my name, likeness, performance, voice and statements and other indicia or elements of my persona or identity, biographical information about me and any information provided by me (all of the foregoing, collectively, my “Likeness”), whether incorporated in the Social Post or otherwise, in any and all media and formats whether now or later known or developed, throughout the universe, in perpetuity, for any entertainment, marketing, promotional or other commercial purpose, including, without limitation, in and in connection with the Attraction and any and all advertising, marketing, promotion and/or publicizing of the Attraction
- No Obligation to Use; Waiver. I understand that MTLV is not obligated to use the Social Post or my Likeness. MTLV will have sole and final approval and control over any use of the Social Post or my Likeness. I hereby waive any right I may have to inspect or approve any use of the Social Post or my Likeness. I will not receive any fee or payment in connection with the Series Materials or the Recordings or any exercise of any of the rights granted by me in this Release.
- Release. I hereby release each of the Licensees and each of their respective current, future or former officers, directors, agents, representatives, employees, successors, assignees and licensees (collectively, the “Released Parties”) from any and all claims, actions, damages and liabilities of any kind (including, without limitation, attorneys’ fees) arising in connection with or resulting from the exercise of any of the rights granted in this Release, including, without limitation, any and all claims, actions, demands, damages, losses, expenses and liabilities of any kind arising out of, resulting from or relating to arising out of or resulting from the use of any aspect of my Likeness or the Social Post, in each instance on any legal theory whatsoever (including, without limitation, invasion of privacy, defamation, breach of express or implied contract, copyright or trademark infringement, misappropriation, unjust enrichment, intentional or negligent infliction of emotional distress or violation of the right of publicity). I acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights I may have against the Released Parties.
- Rights; Limitation of Remedies. All rights granted and agreed to be granted by me pursuant to this Release will be irrevocably vested in MTLV and will not be subject to rescission by me for any reason whatsoever. My rights and remedies in the event of any breach of this Release and with respect to any dispute or disagreement relating to the Attraction will be limited to the right, if any should exist, to recover money damages in an action at law. I will not be entitled to seek injunctive or other equitable relief or to terminate this Release or to enjoin or restrain any exercise of any rights granted in this Agreement, and I shall not seek to obtain any such injunctive or other equitable relief.
- Warranties. I represent and warrant that (a) I have read and understand this Release, (b) all statements made by me in this Release are true, accurate and complete, (c) I have the full legal authority to enter into this Release, (d) this Release does not conflict with any other commitments or obligations on my part, (e) I created and own the Social Post and (f) the Social Post does not contain any material owned by any third party (other than the Missy Elliott recording) or any material whose use requires permission from or payment to any third party.
- Entire Agreement. I have been given a full opportunity to review this Release. This Release is the entire agreement between me and MTLV regarding the subject matter of this Release and supersedes all prior understandings between me and any of the Released Parties. I have not relied on any representation, promise, guarantee or statement not expressly contained in this Release. MTLV has the right to transfer or assign this Release or all or any MTLV’s rights or privileges pursuant to this Release to any entity or individual without restriction. This Release is binding upon my heirs, successors, assigns, executors, and administrators and anyone claiming by or through me or acting on my behalf. This Release cannot be modified except by a written document signed by me and MTLV.
- Governing Law. This Release shall be governed and interpreted in accordance with the laws of the State of Nevada without application of conflict of laws or choice of law principles. Any action, claim, lawsuit or proceeding relating to or arising out of this Release, the Social Post, my Likeness or any exercise of any rights granted by me in this Release shall be resolved solely in the state or federal courts located in Las Vegas, Nevada. I hereby irrevocably consent to the exclusive jurisdiction of such courts and agree not to commence any action, claim, lawsuit or proceeding in any other court or forum.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS RELEASE, ENTER INTO THIS RELEASE VOLUNTARILY, AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
