Photo Collage Rules

TERMS AND CONDITIONS
 

These Terms and Conditions allow Red Bull New York, Inc., its affiliates and each of their successors, licensees and assigns (collectively, “RBNY”) to potentially use my Photo (defined below) and  my and others’ Personas (defined below) in and in connection with, among other purposes described below, collages for public display that RBNY is developing and will develop (collectively, the “Advertisement”) and any versions or other productions thereof and, in each case, in and in connection with the development, production, distribution, advertising, publicity, promotion and exploitation thereof or of RBNY or of the New York Red Bulls (generally), in any and all means and media, now known or hereafter devised and in all languages, throughout the universe in perpetuity.

In consideration of my potential appearance and/or my Photo’s potential appearance in and in connection with the Advertisement, and without any further consideration from RBNY at any time or of any type, I agree to the following:

  1. I grant to RBNY and its successors and assigns, the irrevocable, perpetual, royalty-free non-exclusive right, privilege and license (but not the obligation), throughout the world, under copyright and otherwise, to reproduce, adapt, transmit, perform, communicate, display, distribute, exploit, make available, and create derivative works of the photographic materials I submit to RBNY (collectively, the “Photo”) in any medium or manner (including, without limitation, the Advertisement and collages that are compilations of the works of others), now or hereafter known, and for any purpose.  I also waive any and all moral rights in the Photo in favor of RBNY.
  2. I grant on my own behalf and the behalf of all persons appearing in the Photo to RBNY (collectively, the “Depicted Persons”), permission to use my name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness (the “Persona”) and the Persona of any and all Depicted Persons in any medium or manner (including, without limitation, the Advertisement and collages that are compilations of the works of others), now or hereafter known for any purpose.  I warrant and represent that I have the right and ability to grant the above permissions on behalf of the Depicted Persons.
  3. I warrant and represent that neither I nor any of the Depicted Persons are professional actors and not members of any union or guild associated with the performing arts, modeling, or professional photography. I understand that nothing contained herein will require RBNY to include my Photo in or in connection with the Advertisement or any other materials.
  4. I warrant and represent that the Photo is my own original photograph, taken by me, that the Photo has not have been previously published, released or distributed in any form, that the Photo has not been entered into any drawing or competition nor won any award, and that the Photo does not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.  To be clear, modification of an existing photo does not count as original.
  5. I warrant and represent that I have the consent of any Depicted Persons to their likeness being used in the ways set out in these Terms and Conditions, including, without limitation, RBNY’s right to use the Photo for any future commercial purpose without restrictions. Upon request, I will submit any such written consent of any such persons to RBNY. If any of the Depicted Persons is under the age of majority in their state/province of residence, the signature of a parent or legal guardian is required.
  6. I warrant and represent that the Photo does not contain any personally identifiable information of any person (name, phone number, address, etc.)
  7. I warrant and represent that the Photo does not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service, except for those of Red Bull Arena or the New York Red Bulls.
  8. I warrant and represent that the Photo is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violate any laws or otherwise contain content which RBNY in its sole discretion decides is inappropriate or objectionable.
  9. I agree that I will make no claim of any kind against RBNY and its parent, subsidiaries, affiliates and their respective officers, agents, directors, successors, employees, licensees and assigns (collectively, the “RBNY Entities”) as a result of my appearance and/or any use of the Photo and/or the Advertisement, and I waive and release any and all claims against RBNY and the RBNY Entities relating to my appearance in and in connection with the Photo and the Advertisement (and any versions thereof) and their use by RBNY, including, without limitation, any rights to claims relating to copyright, libel, defamation, moral rights, rights of privacy and/or publicity, confidentiality or any cause of action arising out of the production, distribution, display, broadcast, exhibition or other exploitation of the Photo or the Advertisement, and/or any ancillary uses of the Photo or the Advertisement in any and all means and media, now known or hereafter devised and in all languages, throughout the universe in perpetuity.  I will indemnify the RBNY Entities from and against all claims, damages and/or expenses (including, without limitation, attorney’s fees and expenses) resulting from any breach or alleged breach by me of my representations, warranties, covenants or agreements hereunder. I fully understand and agree that in the event of a breach by RBNY of these Terms and Conditions, my rights and remedies will be limited to any right to recover money damages, if any, in an action at law, and in no event will I be entitled by reason of any such breach to rescind or terminate any of the rights herein granted to RBNY or to enjoin or restrain the production, advertising, promotion, exhibition, distribution or other exploitation of the Photo or the Advertisement (and/or any rights therein).  
  10. Photos that do not comply with the above requirements (as determined by RBNY in its sole discretion) are not eligible and, if submitted, may be removed at any time in RBNY's sole discretion.  RBNY reserves the right in its sole discretion to disqualify any Photo that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Terms and Conditions.
  11. In the event of a dispute arising from these Terms and Conditions, I hereby agree that the laws of the State of New York will govern its resolution, without regard to any conflict of laws principles, and that the exclusive venue for the resolution of any dispute will be in New York City, in the state of New York. By emailing my Photo to RBNY I hereby irrevocably grant RBNY these rights and agree to all of the conditions stated above.
  12. By e-mailing or otherwise submitting my Photo to RBNY, I expressly agree to these Terms and Conditions.