Terms and Conditions for Submitting Photo with NO Persons Depicted or with 18 and over Entrant ONLY for an Entercom Station Contest
By checking the “I Agree” box and submitting a photo for this Contest, I (the “Entrant”) hereby represent and warrant and/or acknowledge and agree to the following (the “Agreement”):
1. Entrant represents and warrants that he/she is eighteen (18) years of age or older as of entry date.
2. Entrant represents and warrants, as applicable for this Contest, that either (i) there is NO person depicted in the photo; or (ii) the person depicted in the photo is the Entrant who is age eighteen (18) or older and the ONLY person visible in the photo is the Entrant. No other persons may be depicted in photo no matter how far away or obscure.
3. Entrant acknowledges and agrees that any photo with any person depicted therein, or with any person other than the one Entrant who is age eighteen (18) or older, as applicable for this Contest, will be ineligible and will be disqualified. No other person’s image may be depicted in the photo (no matter how far away or obscure); provided, however, that Station reserves the right to accept photos that have parts of other people visible that Station deems (in its sole discretion) is not material to the photo and such persons are completely indistinguishable (for example, a leg or finger). Further Station’s decision in this matter is final and not appealable and Station is not obligated to treat every photo identically (for example, Station may decide that in one photo a leg is not material but that a leg is in another photo).
4. Entrant acknowledges and agrees that for purposes of this contest, the term “photo” may include, but is not limited to the inclusion of, any image that may be produced by an analog or digital camera, an optical image scanner (or simply, “scanner”), a “screen dump,” “screen capture,” “screenshot,” or “screengrab,” and/or the digital manipulation of one or multiple photographs achieved by the use of image editing software.
5. Entrant represents and warrants that he/she own the rights to, or has otherwise obtained permission to use, the photo submitted with the entry.
6. Entrant represents and warrants that he/she irrevocably authorizes Station to post the photo on Station’s website or social network sites or use the photo in any other way Station sees fit with no compensation to the Entrant.
7. Entrant agrees and acknowledges that Station and contest sponsors and their respective affiliates, parents, employees, agents and all other related sponsors may use for advertising and/or promotional purposes, entrant’s name, image, photo submission, other entry materials and/or biographical information on radio, TV broadcasts, newspaper advertisements, on websites and/or any other medium in connection with participation in this contest or otherwise without the payment of any additional compensation.
8. Entrant represents and warrants represent and warrant to Station that the Content does not: (i) contain or convey any offensive or objectionable material, including without limitation material that would be considered indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, hateful, or racially or ethnically disparaging; (ii) encourage unlawful behavior; (iii) infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to any third party; (iv) will not result in a breach of, and does not otherwise violate, any agreement or understanding with another party (including without limitation former or current employers of Submitter); or (v) disclose any detailed personal, physical, contact, or otherwise confidential information that may belong to a third party. I further acknowledge and agree that the Station may, but shall not be obligated to, edit and/or pixilate/cover any material(s) in the Content that Station determines in its sole discretion, subjective or otherwise to be in violation of this Agreement, which determination by Station of such matter is final and may not be appealed, and Station is not obligated to treat all Content identically.
9. Entrant understands and agrees that Station may elect to use any entry submitted or any photos obtained or taken pursuant to this contest for entertainment purposes on-air, online and/or off-air and may choose to comment on, mock, poke fun at, and/or mimic any entry submitted or photos. Entrants waive any right to make any claim against Station or any contest sponsors with respect to any comments – disparaging or otherwise – made regarding such Entrant’s entry or photos or statements made by entrant or his/her participation in this contest in any way.
10. Entrant hereby releases and discharges Station its parents, subsidiaries, and affiliated companies, and their respective officers, directors, members, managers, employees, agents and representatives as well as each of its sponsors and/or producers (and their respective officers, directors, members, managers, employees, agents and representatives) (collectively the “Released Parties”) from any and all claims, manner of actions, causes of action, suits, debts, accounts, contracts, agreements, controversies, judgments, damages, liabilities and demands of any nature for compensation, damages, or injury, including but not limited to claims for libel, false light, invasion of privacy, or other infringements of personal, property or proprietary rights of any nature, foreseen or unforeseen, (i) associated with or arising out of the commercial or other uses of these Content regardless of the nature of such use; and (ii) which Submitter ever had, now has, or hereafter can, shall or may have against Released Parties, in connection with, or by reason of a result of, the submission.
11. Entrant agrees to indemnify the Released Parties should any representations and warranties made by Entrant herein or in the applicable contest rules prove to be false or inaccurate.
12. Entrant acknowledges and agrees that the contest rules are available to him/her on the Station’s website, Entrant has had an opportunity to review them before entering this contest and Entrant agrees to be legally bound by those contest rules.