FJORG! Competition Waiver and Release
This FJORG! Competition Waiver and Release must be completed, signed by each team member and faxed to +1.609.482.8382 by 5 pm Pacific Daylight Time, Monday, 21 May.
As consideration for being permitted by the Association for Computing Machinery ("ACM") to participate in the FJORG! Competition (the "Competition") I hereby represent, warrant and agree that neither I, nor any of my assignees, heirs, distributees, guardians or legal representatives will make a claim against, sue or attach the property of ACM, ACM SIGGRAPH ("SIGGRAPH"), any Competition sponsor, any Competition judge, or any of their respective employees, affiliates, licensees, agents, contractors, sponsors, advertisers or successors or assigns (all such parties, collectively, the "Released Parties"; and, each, a "Released Party") on account of any injury or damage arising from my participation in the Competition or my receipt or use of a prize (whether such injury or damage results from an act or omission of any Released Party or otherwise). I hereby agree to completely release, hold harmless and indemnify ACM, SIGGRAPH and the other Released Parties for all actions, claims, expenses, damages, or causes of action, arising out of, or in connection with, my participation in the Competition, including, but not limited to, liability for personal injury, bodily injury, death, damages or other loss, or any claim that any work product produced and/or submitted by me in connection with the Competition, including, but not limited to, the demo reel submission, all sketches, designs, animation sequences, drafts and all other written materials (the "Materials"), violate the copyright or any other rights of any third parties.
I ACKNOWLEDGE THAT I HAVE VOLUNTARILY APPLIED TO PARTICIPATE IN THE COMPETITION AT THE SAN DIEGO CONVENTION CENTER WHICH IS SCHEDULED TO TAKE PLACE OVER A CONTINUAL TIME PERIOD OF AT LEAST THIRTY-TWO HOURS. I AM AWARE OF AND ACKNOWLEDGE THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN THE COMPETITION AND I AM VOLUNTARILY PARTICIPATING IN THE COMPETITION WITH KNOWLEDGE OF THE DANGER INVOLVED. I UNDERSTAND THAT SERIOUS INJURY, EVEN DEATH, IS POSSIBLE AS A RESULT OF PARTICIPATION IN THE COMPETITION AND I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND TAKE RESPONSIBILITY FOR MY SAFETY AND WELFARE WHILE PARTICIPATING IN THE COMPETITION, INCLUDING THE RECEIPT OR USE OF A PRIZE. I ACKNOWLEDGE THAT NEITHER ACM NOR SIGGRAPH NOR ANY OTHER RELEASED PARTIES HAVE MADE, NOR ARE RESPONSIBLE FOR, ANY WARRANTY OR REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR LAW REGARDING THE QUALITY, MECHANICAL CONDITION OR FITNESS OF THE PRIZES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ME. FURTHER, I AGREE TO COMPLY WITH THE OFFICIAL RULES OF THE COMPETITION (THE "OFFICIAL RULES").
I hereby represent and warrant that: (i) I, together with the other members of my Team (as described in the Official Rules), created the Materials that my Team has or will submit in the Competition, and that no other individuals participated in the creation of such Materials; (ii) the Materials are the original work of my Team, have not been copied from any other materials or sources and do not infringe or otherwise violate the copyright or any other rights of any person or other entity; and (iii) neither I, nor any member of my immediate family or household, is an employee, agent or representative of ACM, SIGGRAPH, any Competition sponsor, any FJORG! Judge (as described in the Official Rules) or their respective affiliates and subsidiaries.
I hereby agree that any and all Materials and all rights therein shall be exclusively owned by ACM, and I hereby irrevocably assign to ACM in perpetuity any and all right, title and interest therein, including, without limitation, all copyrights in and to all such Materials. I hereby acknowledge that Released Parties may also use the Materials without obligation of any kind to me and that I shall not have any right to restrict any such use. In furtherance of, and without limiting the foregoing, I, on behalf of myself and my assignees, heirs, distributees, guardians or legal representatives, hereby waive and release, in perpetuity, any and all rights to bring a claim against any Released Party for idea submission, implied contract, copyright infringement or otherwise, arising out of, or in connection with, the Materials (or any portion thereof) or my participation in the Competition.
I understand that none of the Materials will be returned to me. I hereby acknowledge and agree that I will use any copies of the Materials retained by me only in my personal portfolio as an example of my work product, and will not otherwise use, display, distribute or publish such Materials.
I hereby grant to ACM, SIGGRAPH and the Competition sponsors the right to photograph, record, tape, film, edit, alter, reproduce, duplicate, broadcast, display, transmit, distribute, exhibit, advertise, promote or otherwise exploit any materials created from the Competition depicting my name, face, voice, likeness, appearance, biographical information and other personally identifying information (collectively, "Likeness"), in any and all media without limitation, whether now known or hereafter created, throughout the universe, in perpetuity. Notwithstanding any of the foregoing, I hereby acknowledge that neither ACM, SIGGRAPH nor any Competition sponsor shall have an obligation to actually use or exploit my Likeness.
I acknowledge that I am 18 years of age or older and of sound mind and body and I have carefully read this Waiver and Release and the Official Rules (which are hereby incorporated by reference into this Waiver and Release), and fully understand their content and legal effect. I further acknowledge that I have sufficient proficiency in the English language to understand and agree to the terms contained herein. I sign this Waiver and Release of my own free will, without coercion and based on my own judgment, and not in reliance upon any representations or promises made by ACM or SIGGRAPH or any other Released Party. I am aware that this Waiver and Release includes a waiver and release of liability, is a legally binding agreement between me and the Released Parties, and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I agree that any disputes arising out of or connected to the Competition or this Waiver and Release shall be resolved individually and without resort to any form of class action. This Waiver and Release shall be construed and the rights of the parties enforced according to the laws of the State of New York without regard to doctrines of conflict of law. I acknowledge and agree further that if any portion of this Waiver and Release is held invalid, the balance shall, continue in full force and effect.
I acknowledge that my sole and exclusive remedy for any disputes arising in any way out of or connected to the Competition or this Waiver and Release shall be an action at law for damages, and I hereby irrevocably waive any right to seek and/or obtain an injunction, rescission or any other form of equitable relief.
Dated this _______________________ day of _________________
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