This Contest Release, the “Release”, is entered into by the entrant and any of its subsidiaries, affiliates, individuals or other corporations controlled directly or indirectly by the entrant, the “Entrant” in favor of Ichele Brands LLC with a principal place of business at 4300 S. US Hwy 1, Ste 203-246, Jupiter, FL 33477.
1. PERMISSION TO TAKE AND USE PHOTOGRAPHS.
In consideration of the compensation specified in the contest page the engagement of the entrant as a entrant, and other good and valuable consideration, receipt of which is hereby acknowledged and received, the entrant grants Ichele Brands LLC and its employees, agents, independent contractors, licensees, successors, and assigns the full irrevocable right and permission to pictures, portraits, digital images, or photographs of the entrant’s photographs requested and Instagram photo, or in which the entrant may be included, and use, reuse, publish, republish, reproduce, edit, alter, and otherwise exploit the Photographs, in whole or in part and in conjunction with the entrant’s name (or fictitious name), for any lawful purpose whatsoever and in all forms of media now known or unknown, including, but not limited to, advertising, emails, various marketing channels, Social Media Channels (including Instagram, Facebook, YouTube, etc.).
2. RIGHTS AND OBLIGATIONS.
The entrant grants and assigns to Ichele Brands LLC and its Agents all right, title, and interest in and to the Photographs, including, but not limited to, copyright. The entrant understands and agrees that the Photographs and any associated negatives shall be the sole property of Ichele Brands LLC and she shall have no right to: (i) inspect or approve the Photographs; (ii) inspect or approve any text, graphics, images, or other content created in connection with or combined with the Photographs; or (iii) receive any royalties or other compensation arising from or related to the Photograph Use.
The entrant agrees to release, discharge, and hold harmless Ichele Brands LLC and its Agents from any and all damages, liabilities, costs, expenses, claims, and/or judgments of any kind or nature whatsoever arising from the Photograph Use, including, but not limited to, those based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light, or resulting from any alteration, blurring, optical illusion, use in composite form, distortion, or other modification that may occur, intentionally or otherwise, in connection with taking the Photographs, processing the Photographs, or the Photograph Use. The entrant acknowledges and agrees that this Release is binding on the entrant’s heirs, legal representatives, and assigns.
4. GUARDIAN’S REPRESENTATIONS AND WARRANTIES.
The entrant hereby represents that he or she is 18 years of age or older and has the full legal capacity to execute this Release. The entrant further represents that the rights granted under this Release will not conflict with or violate any other commitment the entrant has with any other party. The entrant has read this Release prior to signing it and fully understands its contents, meaning, and impact.
Grand prize winner, if they choose to accept, must provide Ichele Brands with 4 photos per the breakdown below within 3 weeks of mailing the prize. If the winner cannot or chooses not to do this, the prize will not be awarded and another grand prize winner will be chosen.
3 photos outside on a white background or wall taken with a high quality camera or smartphone in poses Ichele Brand chooses
1 photo outside at a location and pose of the Company’s choosing
The company reserves the right to require proof of identification such as a driver’s license and/or passport before sending the prize.
Winners must provide full legal: name, address, telephone number and email address to receive the prize
Should any of the winners refuse or decline anything required in this document by the Company, the company reserves the right to not give the prize and will choose another winner
The company reserves the right to not use the photo in any way at any time
The company reserves the right because they own the photo to not have the person be able to use, publish, display at any time in perpetuity
By entering this contest, you certify and fully agree to this contract
(a) Of Company by winner. At all times after the effective date of this agreement, the winner shall indemnify the Company and its subcontractors, officers, members, managers, employees, owners, sublicensees, affiliates, subsidiaries, successors, and assigns (collectively, the “Company Indemnitees”) from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys’ fees, accounting fees, and expert witness fees) (collectively, the “Claims”) that any Company Indemnitee may incur and that arise from:
(i) the winner’s negligence or willful misconduct arising from the winner’s carrying out of her obligations under this agreement;
(ii) the winners breach of any of her obligations or representations under this agreement; or
(iii)the wnner’s breach of her express representation that she is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If a regulatory body or court of competent jurisdiction finds that the Contractor is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Contractor’s own actions, the Contractor will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Contractor or the Company
Independent Contractor Agreement
resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Contractor’s earnings if the Contractor had been on the Company’s payroll and employed as a Company employee.