Prize Winner affidavit of eligibility, release of liability, and publicity release
- I execute this Affidavit of Eligibility/Release and of Liability/Publicity Release of PayPerks, Inc. (“Sponsor”) on my behalf to establish that I am eligible to participate in the receipt of the prize (“Prize”) in the Sweepstakes described in the Official Rules for PayPerks for Direct Express (the “Sweepstakes”), and to release its respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, assigns, prize suppliers, independent contractors, legal advisors, and advertising and promotion agencies (the “Sweepstakes Entities”), and any entity or person connected with this Sweepstakes from any and all liability.
- I am a legal resident of the United States (or the District of Columbia).
- I am 18 years of age or older as of today, or I am between the ages of 16–18 years of age and have the right to contract or have the permission of a parent, legal guardian or legal custodian to participate in the receipt of a prize.
- I have a valid Social Security Number.
- I understand that all expenses associated with the Prize including but not limited to federal, state and local sales or other taxes are my responsibility, unless otherwise set forth in the Official Rules. I understand that by entering the Sweepstakes I agree to this Affidavit of Eligibility/Release of Liability/Publicity Release upon entering the Sweepstakes, and acknowledge that in the event that I win a Prize, I will automatically accept the Prize. I agree to execute any additional documents required by suppliers or governmental authorities in connection with the Prize.
- I agree to return, upon Sponsor’s request, my pro-rata share of the Prize awarded, or, after use, to reimburse the fair market value thereof, if any statement made in this Affidavit of Eligibility/Release of Liability/Publicity Release is false, fraudulent, or deceptive.
- I understand that the Sweepstakes Entities will not be responsible for any costs which I may incur in connection with this Sweepstakes or the Prize, or portion thereof that I may be awarded or in which I may participate.
- Unless otherwise prohibited by law or regulation, I agree to allow the Sweepstakes Entities to use my name, visual, audio, actual or simulated likeness, photograph, personal characteristics, biographical data and statements (my “Traits”); to photograph, record, depict, display, fictionalize, modify, reproduce or otherwise exploit in any manner my Traits in their sole discretion, if at all, in whole or in part, including any and all other personal identification, artwork, images, service marks, trade names, logos and copyrights incorporated therein or relating thereto, for and in connection with this Sweepstakes and for advertising, promoting, publicizing, distributing, exhibiting and/or other exploiting thereof, including all ancillary and subsidiary rights therein, in any and all languages, formats and media now known and later devised throughout the universe and in perpetuity. Further, I release the Sweepstakes Entities from all claims, liabilities and obligations whatsoever in connection with their use of my Traits and agree and acknowledge that the Prize and the publicity and exposure received, constitutes valuable, sufficient and complete consideration for the rights granted therein to Sponsor and Sweepstakes Entities, and that there shall be no payment of any monetary compensation. In no event shall I have any right to seek or obtain injunctive or other equitable relief in connection with the use of my Traits or any other production, or the production, distribution, exhibition, advertising, promotion or publicizing thereof.
- I represent that I am not bound by any contract or agreement with any person or entity that prohibits me from granting use of my likeness that could be used in the manner described above. I represent that no other consents, authorizations or payments are necessary to permit the full use by Sweepstakes Entities of the rights granted herein; I represent that the use or any part thereof, will not violate or infringe upon the trademark, trade name, service mark, copyright, patent, artistic, personal, private, civil or property right, right of privacy, right of publicity and that any other right of any person or entity will not constitute a libel or slander of any person, and that I will indemnify the Sweepstakes Entities from and against, and save and hold each of the foregoing harmless from all claims, all alleged claims, actions, alleged actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorney’s fees and costs, resulting from any breach or alleged breach of the foregoing representations and warranties.
- In consideration of my acceptance of the Prize awarded, I do for myself, my next of kin, my heirs, my assigns, executors and administrators, and agents hereby fully release and forever discharge the Sweepstakes Entities from any and all liabilities for any actions, cause of actions, claims, damages, debts, duties, expenses, injuries, liabilities, liens, losses, promises, quality, use or misuse of any kind or nature whatsoever, whether foreseen or unforeseen, now known or unknown, suspected or unsuspected, in any way caused, connected, contributed directly or indirectly with any prize, or any portion and/or parts thereof, as a result of my acceptance, participation in and possession of the Prize, including but not limited to, death, loss of enjoyment, personal injury, or other harm or loss of any nature whatsoever, except such action, claims, and/or damages caused only and directly by the gross negligence of Sweepstakes Entities.
- If the presentation, award of or the actual fulfillment of the Prize awarded to me, as stated in the Official Rules, is hampered, interrupted or prevented due to an event of force majeure, or otherwise rendered impossible of performance, the fulfillment of the Prize shall be automatically suspended immediately upon, and for the duration of, such event and Sponsor have the right to continue to suspend or terminate the fulfillment of the Prize by notifying me to this effect. In the event the fulfillment of the Prize is so terminated, Sponsor and Sweepstakes Entities shall be relieved of their executory obligations with regard to the award of the Prize or any portion thereof. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; war, riot or civil commotion; terrorism; fire; casualties; utility failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authorities; or any other similar or dissimilar act beyond Sponsor’s and the Sweepstakes Entities’ reasonable control.
- I acknowledge that Sponsor has made no express or implied representations or warranties with respect to the Prize. Any liability (including but not limited to any liability for death, personal injury or property damage) which may arise out of my acceptance or use of any component of the Prize as Winner lies solely with the providers of any services or the manufacturer of goods comprising the Prize. I further understand and agree that all rights under Section 1542 of the Civil Code of California, or any similar law of any state or jurisdiction that may be applicable, are hereby expressly waived. Said Section 1542 reads as follows: “1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- I represent and warrant that I have read and understand fully the Official Rules and this Affidavit of Eligibility/Release of Liability/Publicity Release and am familiar with their contents and meaning. I further represent and warrant that I am 18 years or older and I have requisite capacity to, and am legally competent to, execute this Affidavit of Eligibility/Release of Liability/Publicity Release. Before executing this Affidavit of Eligibility/Release of Liability/Publicity Release by participating in the Sweepstakes, I acknowledge that I have read and understood the same, I have had an opportunity to consult with legal counsel, and I agree to these terms by participating in the Sweepstakes with full knowledge of its content and meaning.
- It is understood and agreed that this Affidavit of Eligibility/Release of Liability/Publicity Release will remain in effect in perpetuity, that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the aforementioned parties to be released, and that no action will be taken by or on behalf of the such Entrant in or Winner of the Sweepstakes with respect to any such rights. It also is understood that this release shall be binding upon the heirs, assigns, legal representatives, executors, and administrators of the Entrants in or Winners of the Sweepstakes.