FirstToKnow.com and Knoworthy.com invite you to submit oral quotes and photographs for possible inclusion on the websites in honor of Mother’s Day 2013. Submitting written content or photographs does not guarantee that they will appear on www.firsttoknow.com or www.knoworthy.com. Editors at FirstToKnow.com shall have absolute and sole control over which quotes and photographs will be featured on the websites.
1. By submitting 2013 Mother’s Day Quotes and Photographs (collectively, the “Material”), I hereby grant to FirstToKnow.com, its parent, subsidiaries, affiliates, successors, licensees, agents, and assigns, and others working for or on behalf of any of them (collectively, the “Permitted Parties”) the unlimited, royalty-free, irrevocable right and license under copyright and otherwise to use the Material, which FirstToKnow.com may edit or alter as it sees fit, and my image, picture, likeness, statements, name, and/or biographical information as well as any other information I provide to FirstToKnow.com, and any material based thereon or derived therefrom, edited or altered as FirstToKnow.com may decide in its absolute and sole discretion, to create and produce unlimited advertising, marketing, and promotional materials (collectively, the “Advertising”) and to distribute, publish, exhibit, digitize, broadcast, display, reproduce and otherwise use the Material and the Advertising in any manner, venue or media (whether now known or hereafter devised), throughout the world, in perpetuity, for any purpose, including, without limitation, for the purposes of advertising, trade, and merchandising in connection with FirstToKnow.com or its products and services.
2. I hereby irrevocably waive any and all so-called moral rights I may have in the Material. I have the full and exclusive right and authority to grant the rights granted hereunder and I agree that this agreement does not in any way conflict with any existing commitments on my part.
3. I understand that nothing contained herein shall obligate the Permitted Parties to make any use of the Material or Advertising or the rights granted herein. I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, and/or biographical information.
4. I represent and warrant that: (a) I am 18 years old or older on the date I submit the Material; (b) I am voluntarily submitting the Material; (c) I am the only person who is depicted in the Material (or, if I am not the only person who is depicted in the Quote or Photograph, I have secured all rights from any other person(s) necessary to allow me to grant all of the rights granted herein); (d) the Material is a previously unpublished and previously unproduced work and I created the Material (or, if I am not the person who created the Material, the person who created the Material has granted to me all rights necessary to allow me to grant to FirstToKnow.com all of the rights in the Material granted herein); (e) the contents of the Material are wholly original and created by me (or, if I have included in the Material any content not created by me, I have secured all rights in the third party content necessary to allow me to grant to FirstToKnow.com the rights in the Material granted herein; (f) neither the Material nor the use of the Material will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all 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 warranties, representations or agreements hereunder.
5. The Permitted Parties shall have no obligation (express or implied) to post or otherwise use the Material (or my name, picture, likeness, or biographical information), and FirstToKnow.com may at any time abandon the posting or other use of the Material (or of my name, picture, likeness, or biographical information) for any reason, with or without legal justification or excuse, and I shall not be entitled to any damages or other relief by reason thereof.
6. GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I hereby agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Material shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Material, but in no event shall attorneys’ fees be awarded or recoverable; and (3) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that FirstToKnow.com is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Material, including, without limitation, the making, downloading, posting or use of the Material. I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, and/or biographical information.
8. Upon submitting my entry, I understand that First to Know will automatically subscribe me to its weekly newsletter. I also understand that I can unsubscribe at any time following my receipt of the first installment of the newsletter sent to my e-mail inbox.