Fox Sports Southwest Submission Terms (“Agreement”)
1. Grant of Rights in the Submission. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, I hereby irrevocably grant ARC Holding Ltd., operator of the FS Southwest programming service (“Fox”), its affiliates, promotional partners, successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit, make derivative works of and otherwise use my submitted photograph and/or video (the ”Submission”) throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised, including, without limitation, via internet/online and television distribution and in sponsored features. Fox shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Fox deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. I acknowledge that my Submission may be made available for viewing by the general public and any such use will be deemed made at my direction.
2. Representations and Warranties. I represent and warrant that: (i) I am eighteen (18) years of age or older; (ii) I have the right and authority to grant the rights granted herein without securing the consent or permission of any other person or entity; (iii) the Submission does not violate or infringe upon the rights of any other person or entity; and (iv) the use of the Submission will not give rise to any claims for any payment whatsoever. I hereby agree to indemnify and hold the officers, directors and employees of Fox and its parents, subsidiaries and affiliates (all such individuals and entities collectively referred to as the “Submission Entities”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of my representations, warranties, covenants, agreements or obligations hereunder.
3. Submission Acknowledgement and Release. I acknowledge and agree that the relationship between myself and the Submission Entities is not a confidential, fiduciary, or other special relationship, and that my decision to provide the Submission to Fox does not place the Submission Entities in a position that is any different from the position held by members of the general public with regard to the Submission.
4. Publicity Release. I agree that Fox shall have the right, but not the obligation, to attribute my
Submission to me and to use my name, profile name, voice, and likeness, and other personal characteristics (the “Publicity Rights”) in any and all media, now known or hereafter devised, in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes without further compensation, and I hereby release Fox from any liability arising from such use.
5. No Obligation to Use. I understand that Fox is not obligated to use the Submission or the Publicity Rights.
6. No Injunctive Relief. I acknowledge and agree that I shall not be entitled to terminate or rescind this license nor to enjoin, restrain or otherwise impair Fox’s exercise of any of the rights and privileges granted or to be granted hereunder, nor to restrain, enjoin or otherwise impair Fox’s property or assets, or the development, production, exhibition and/or exploitation of any programming or any advertising, publicity or promotion in connection therewith.
7. Miscellaneous. This Agreement contains the full and complete understanding between us and supersedes all prior and contemporaneous agreements and understandings pertaining to the subject matter hereof and cannot be modified except by a writing signed by Fox. In the event of a dispute arising from or in connection with this Agreement, I agree that the internal laws of the State of California, United States of America shall govern (without giving effect to California choice or conflict of law principles that would result in the application of any other jurisdiction's laws) and that venue for the resolution of any dispute shall be Los Angeles, California. The invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any of the other terms contained in this Agreement. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Agreement shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
