SUBMITTED MATERIALS RELEASE
I (which term shall include any entity or collaborators set forth below) would like to be considered as a participant in the Bucks County Community College Start Me Up Challenge 2018 (herein called “Challenge”). Accordingly , I desire to submit to you material, including without limitation video, photographs , jingles, information contained in my Applicant Questionnaire (s) and any other material that I provide or may provide in connection with the Challenge (herein called "Submitted Material"), owned and/or controlled by me so as to offer you the opportunity to decide whether you want to consider me to be a participant ("Participant") in the Challenge
Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby acknowledge and agree to the following ("Agreement"):
1. I shall not receive any compensation or credit for submitting the Submitted Material to you and understand that you may view the Submitted Material.
2. I hereby grant to Bucks County Community College and its respective subsidiaries, successors, assigns, affiliated and related entities, licensees, and the respective owners, officers, trustees, members, contractors, agents and employees of each of the foregoing, as well as any television network, television stations and other media exhibitors that exhibit or have the right to exhibit the Challenge (collectively "Releasees”) and any entities affiliated, related or in privity with Releasees, to utilize on a non exclusive basis, throughout the universe, in perpetuity and in any manner they see fit, the Submitted Material (including without limitation use in advertising, publicity, marketing, promotional and commercial tie-in purposes in connection with the College, all allied ancillary and subsidiary rights therein and thereto, or any other use of the Challenge in all media now known or hereafter devised), and to make derivative works from such materials. I agree that such use shall be freely assignable by you and that you and your assignees and licensees shall have no obligations whatsoever to me (including without limitation no obligation to make any payments to me or to obtain my approval) .
3. I represent and warrant that the description of the material submitted is true and accurate and that (i) I either solely own the Submitted Material, free of any lien or encumbrance, or have obtained all necessary rights to grant you the right and/or to permit you to use the Submitted Material in connection with the Challenge or otherwise, in any and all media, now known or hereafter devised, through the universe in perpetuity, and that I have all production, distribution and/or exploitation rights in and to the Submitted Material, including without limitation all rights to the likenesses, names, voices and biographical information incorporated in the Submitted Material, any locations, any artwork, any logos or other intellectual property, and any and all other elements or content in the Submitted Material; (ii) it is original with me and
not based on any other material or source; (iii) the use and exploitation thereof will not violate or infringe any third party rights; and (iv) I have the right to submit and to offer such material to you without a non-disclosed obligation to any third party, and the consent of no other person or entity is required for you to fully exploit the Submitted Material as provided herein. I further represent that I am the sole copyright owner of all music and scoring incorporated in the Submitted Material as set forth herein or have obtained all necessary rights to grant you the right and/or to permit you to use all music and scoring incorporated therein. I further represent and warrant that I will not assert, maintain or assist other persons in asserting or maintaining against Releasses or related and affiliated entities, successors, assignees and licensees any claim, action, suit or demand of any kind or nature whatsoever related to the use of the Materials, including without limitation those grounded upon copyright, trademark or patent infringement, invasion of privacy or publicity rights, other civil rights, or any other ground in connection with the use of the Materials in the Challenge. I further represent and warrant that I am competent to agree to all of the provisions in this agreement.
4. I agree that no obligation of any kind is assumed by you or may be implied against you (including, without limitation, any obligation to pay money) by reason of your receipt or potential or actual review of the Submitted Material or any discussions or negotiations I may have. Without limiting the foregoing, I specifically acknowledge and agree that (a) I do not and will not under any circumstances have or assert any so-called "idea submission" or similar
claim against you, and (b) you are free to use (i.e., you will not owe me any money or other obligation for using) any portion of the Submitted Material.
5. I agree that any action, proceeding or litigation concerning this Agreement or my appearance or participation in the Challenge shall be subject to binding arbitration pursuant to the arbitration rules of the American Arbitration Association with any hearing to be held at Bucks County Community College..
6. I assume full responsibility for any loss of the Submitted Material for any reason including, without limitation, whether it is destroyed in connection with electronic submission or otherwise. You shall have no obligation to read or consider the Submitted Material or to return the Submitted Material to me.
7. I hereby release you to the maximum extent allowed by law of and from any and all claims, costs, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Submitted Material or by reason of any claim now or hereafter made by or through me or on my behalf (even though I realize that such might be based on facts or circumstances not now known or suspected by me to exist, which if known or suspected, would have materially affected our decision to enter into this agreement) that you have used or appropriated the Submitted Material. This Agreement shall constitute a full, final, and complete release, accord and satisfaction of each and every claim released hereunder that I have or may have, at any time, against you. I represent that I understand and acknowledge the significance and consequence of the releases I have made herein and of my waiver of any rights I may have. I further expressly waive and release all rights to seek and/or obtain injunctive or other equitable relief (including rescission hereof) against you, in connection with this Agreement and any exploitation of the Submitted Material and in connection with any other material, whether or not i n whole or part identical with or similar to the Submitted Material.
8. I agree to defend (at indemnitees' option) and indemnify you and hold you harmless from and against all liability, actions, claims, demands, losses or damages (including attorneys' fees and costs and punitive damages) caused by or arising out of your use of the Submitted Material or any rights granted by me herein in any manner, or as a result of any breach or alleged breach of any of my representations or warranties herein.
9. Should any provision of this Agreement be void or unenforceable, such provision shall be deemed omitted, and this Agreement with such provision omitted shall remain in full force and effect.
10. This Agreement is the entire agreement and shall be binding on the parties ' respective successors, assigns, licensees and all affiliated and related parties. No statements or representations have been made except those expressly stated in this Agreement. This Agreement may be modified only by subsequent written agreement. "I," "me" and "my" refers to the party submitting the material, and any individual who may be competing for the benefit of such party, to you.
11. "You" and "your" refers to Bucks County Community College and their respective, subsidiaries, successors, assigns, affiliated and related entities, licensees, and the respective owners, officers, trustees, members, contractors, agents and employees of each of the foregoing. You may freely assign, in whole or in part, your rights hereunder .
12. This Agreement will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements entered into and fully performed therei n by residents of Pennsylvania.
By accepting this agreement, I attest that I am 16 years of age or older. If I am between the ages of 16 and 18, my parent or guardian has reviewed this agreement and agrees to my participation in the Challenge under these terms.