RULES, ELIGIBILITY REQUIREMENTS, RELEASE AND WAIVER OF LIABILITY
PROFESSOR AMOS TESTIMONIAL CONTEST
1. The Professor Amos Testimonial Contest (the “Contest”) is open to all persons over the age of 18 who have purchased one or more Professor Amos brand products and timely submitted a qualifying Contest submission.
2. In consideration for eligibility to win a Contest Prize, and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, I, as a Contest Entrant, agree as follows:
a. To the fullest extent permitted by applicable law, I grant to SOMA Group, LLC or its designee, subsidiaries and affiliates, irrevocably and in perpetuity, the right of publicity, including without limitation, the right to use, adapt, reproduce, distribute and publicly display my name, image, likenesses, identity and identifiable aspects, and all other information I submitted in connection with or in any way related to, arising from or connected with the Contest, in whole or in part, throughout the universe, for any marketing, promotion, or commercial purposes determined in the sole discretion of SOMA Group, LLC, or its designee, subsidiaries, and affiliates, without any further payment or reimbursement of any kind to me.
b. In connection therewith, each waives any rights under Fla. Stat. Sec. 540.09, RCW 63.60, et seq.; California Civil Code Sec. 3344; New York CLS Civil Rights Law Sec. 50-51; or any similar law of any state, U.S., or foreign jurisdiction.
c. I agree that any tax consequence arising from, relating to or connected in any way with my receipt of any Contest Prize is my sole and exclusive obligation, and that to the greatest extent allowable under applicable law the Sponsor Entities have no obligation or legal duty of any kind with respect thereto.
3. I acknowledge and agree that my submission of a qualifying submission and/or receipt of any Contest Prize is done solely at my own risk. As a condition precedent to accepting my Contest Prize, I hereby voluntarily release, discharge, waive and relinquish any and all claims, damages, actions, causes of action, suits, obligations, liabilities or demands for personal injury, property damage or wrongful death (“Claims”) against SOMA Group, LLC, or its designee, subsidiaries and affiliates, and any of their owners, officers, agents, servants, employees, representatives, predecessors, successors, assigns, stockholders, partners, owners, licensees, consultants, affiliated and subsidiary corporations, partnerships, co-sponsors or companies, past and present (collectively the “Sponsor Entities”) for any Claims arising out of, relating to or in any way connected with my submission or my possession, acceptance, use/misuse of any Contest Prize, and/or the Sponsor Entities’ use/misuse of my visual likeness or biographical data (including any claims based upon intellectual property rights or publicity or privacy rights), even if such harm is caused solely by the negligence of the Sponsor Entities; and I for myself and my child/children, heirs, executors, administrators and assigns hereby release, waive discharge and relinquish and Claims that may hereafter arise for me and my estate; and I agree that under no circumstances will I or my heirs, executors, administrators and assigns prosecute or present any Claims for personal injury, property damage or wrongful death against the Sponsor Entities.
IT IS THE INTENTION OF THIS WAIVER AND RELEASE TO EXEMPT AND COMPLETELY RELIEVE THE SPONSOR ENTITIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE.
4. I, for myself and on behalf of my spouse, dependents, heirs, executors, representatives, successors, assigns and agents, and each of them, hereby agree to indemnify and hold harmless Sponsor Entities from any and all Claims by whomever or wherever made, for personal injury, property damage or wrongful death arising out of, relating to or in any way connected with my receipt or use of any Prize, except those Claims proved to be legally caused by the sole and gross negligence of the Sponsor Entities.
5. I acknowledge that the Sponsor Entities have not arranged for or carry any insurance of any kind for my benefit or that of my heirs, executors and administrators or anyone who may take by or through me relative to my acceptance and use of any Contest Prize; and that I am solely responsible for obtaining and paying for any life, travel, accident, property or other insurance relative to my acceptance and use of any Contest Prize.
6. I expressly agree that this Release and Waiver shall be construed as broadly as allowed by law. This Release and Waiver shall be governed by Pennsylvania law. I agree that any and all disputes regarding any Contest Prize or this Release and Waiver will be settled by final and binding arbitration in Pittsburgh, Pennsylvania pursuant to the Rules and Procedures of the American Arbitration Association. In the event any provision or part of this Release and Waiver is determined to be unlawful, such provision shall be deemed to be severed therefrom, and every other provision will remain in full force and effect.
7. My acceptance of the terms and conditions of this Release and Waiver shall be construed to be legally binding upon me by virtue of my submission of a qualifying Contest Entry Form bearing my signature. This Release and Waiver are deemed to be an inseparable part of the Contest Entry Form, and acceptance of these provisions is a condition precedent to eligibility to enter the Contest. I acknowledge that I have read and understood the foregoing and that by signing my Contest Entry Form I am voluntarily giving up substantial legal rights, including the right to sue the Sponsor Entities. I acknowledge that I am over 18 and that by signing this Contest Entry Form I am legally bound by the terms and conditions contained herein.