Declaration of Eligibility, Liability and Publicity Release
I, ___________________________________________, in the province of British Columbia declare that I am the parent / legal guardian of ________________________________, who is ______ years of age, that my telephone number is: __________________________ and that my e-mail address is: ________________________.
I am making this declaration with the understanding that it will be relied upon to confirm eligibility of my child’s entry in Mincov Law Corporation’s “Shining Star” Contest (the “Contest”).
I declare that I have read and complied with, and that I understand, all of the Contest Rules, a copy of which is attached to this Declaration of Eligibility, Liability and Publicity Release (“Winner Release”), that all of the information set out below is true and that I have committed no fraud or deception in entering the Contest or claiming a prize.
I further declare that I am the age of majority in the province of British Columbia, where I reside, and that I am not the owner or an employee (or domiciled with an employee) of Mincov Law Corporation or Andrei Mincov, as the case may be, (collectively, the “Organizer”) or its subsidiaries, parents or affiliated companies, advertising or promotional agencies or other representatives, none of whom are eligible to enter the Contest or win a prize.
I further declare that I have the right and capacity to sign this Winner Release on my own behalf, on behalf of my child, and on behalf of the other parent, if applicable.
In consideration of the prize, which I acknowledge is good, valuable and sufficient consideration, I agree as follows:
1. to accept the prize as awarded;
2. to be solely responsible for any and all taxes that may be payable due to my receipt of the prize;
3. to release the Organizer, the Organizer’s assignees or licensees, or their respective agents or representatives, parents, subsidiaries, affiliated companies, advertising and promotional agencies and representatives, and each of their respective officers, directors, shareholders, employees, agents or other representatives (“Affiliated Parties”*) from any and all claims, demands, causes of action, losses, expenses, costs and liabilities of any kind whatsoever which I may have against any of them arising out of or in connection with the Contest or prize;
4. to grant to the Organizer and the Affiliated Parties the right to print, publish, broadcast, transmit and use, worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, any of the Organizer’s Internet websites, including their blogs or Facebook pages, at any time(s), my child’s name, likeness, portrait, picture, photograph, voice, video camera footage, city or town, YouTube entry video(s) or biographical information as news or information and for promotional purposes without compensation or review;
5. that I or my child own all rights to the video submitted for the Contest and that if I did not create the video myself, then I have obtained a written assignment of all copyrights in the video from the person who created the video;
6. to grant and hereby grant to the Organizer and the Affiliated Parties an irrevocable perpetual, worldwide, royalty-free, non-exclusive, transferable license to use all entry videos or any fragments thereof, including in combination with any other videos, by any means and in any form, including, without limitation, to reproduce (including on the Organizer’s YouTube channel and website), distribute, perform, communicate and make available to the public, including for the purposes of operating the Contest, promoting the Organizer’s charitable fundraising efforts and awarding prizes.
7. to waive moral rights in the videos, to the extent moral rights can be waived in the applicable jurisdictions. To the extent not covered by the waiver of moral rights or if such waiver is not permitted by the applicable legislation, I allow the Organizer and the Affiliated Parties, to determine whether the video will be used anonymously or with indication of my (or the video’s author’s) name or pseudonym. To the extent not covered by the waiver of moral rights or if such waiver is not permitted by the applicable legislation, I, on my own behalf and on behalf of the video’s author declare and warrant that I and such author will not consider any use of the videos by the Organizer or the Affiliated Parties, including absence of any such use, as damaging my (or the video’s author’s) reputation or any changes that may be made to the videos as detrimentally deforming my (or such author’s) work.
8. to consent to the collection, use and disclosure of my and my child’s personal information by the Organizer and the Affiliated Parties, for the purpose of operating the Contest, promoting the Organizer’s charitable fundraising efforts and awarding prizes;
9. to return upon demand to the Organizer, or its agents or representatives, any prize which has been or may be awarded to me or my child if any statement made by me in this Winner Release is false or if I have failed to comply with any of the Contest Rules, as determined by the Organizer, in its sole discretion, whose decision shall be final; and
10. to indemnify and hold the Organizer and the Affiliated Parties harmless against any loss, damage or expense, including legal fees, that any of them may suffer or incur as a result of any breach of the foregoing representations or any non-compliance by me with the Contest Rules.
Winner:
______________________________
Name of the Child (please print):
______________________________
Name of the Parent / Guardian signing the Release (please print):
Witness:
______________________________
Name (please print):
________________________, 2012
(Date)
* The rights and defences granted to Affiliated Parties hereunder are subject to the Organizer’s approval and cannot be enforced by the Affiliated Parties against the Organizer in the absence of such approval.