OFFICIAL CONTEST RULES
For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby agree (the “Agreement”) as follows:
1. I have elected, on a voluntary basis, to enter into “America’s Ultimate Biker” competition (“Competition”) taking place between August 6-10 at the Sturgis Biker Rally (“Sturgis”), to compete for the grand prize of Jesse Dupree’s Harley-Davidson Street Glide motorcycle (“Prize”). I acknowledge that whether I am chosen to compete in the Competition is in the sole unrestricted discretion of authorized representatives of the Competition (“Contest Personnel”), and such representatives may withhold their approval of my participation in the Competition in their sole discretion. I acknowledge that my participation in the Competition may be recorded for use in connection with audiovisual programs portraying the competition (“Program”). I acknowledge that all rules of the Competition are subject to change in the sole discretion of the Contest Personnel at any time for any reason.
2. I understand that the Competition includes my engaging in extreme, strenuous and potentially dangerous motorcycle-related activities and obstacles (the “Courses”).
3. (a) I hereby represent and warrant that: (i) I am mentally and physically fit to participate in running the Courses, and have a valid US motorcycle license and am of at least 21 years of age; (ii) I am aware that running the Courses is an inherently dangerous activity and I choose to do so of my own free will; (iii) I am aware that running the Courses presents certain risks, (including, without limitation, physical injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such damages or serious personal injuries; (iv) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I do not suffer from any such condition(s) (including, but not limited to neck, back and heart problems and pregnancy); (v) no representations of any kind have been made to me by anyone, including, without limitation, Sturgis, Full Throttle Saloon, Contest Personnel, or any of their respective employees, agents, producers or personnel regarding my ability to participate in running the Courses; and (vi) my appearance in the Competition, Program or Courses, if any, is not a performance and is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other compensation under any such collective bargaining agreement or otherwise. I knowingly and voluntarily assume all risks associated with the Competition and Courses.
(b) I hereby represent and warrant that, in the event I receive the Prize: (i) I am aware that riding a motorcycle is an inherently dangerous activity and I choose to do so of my own free will; (iii) I am aware that riding a motorcycle presents certain risks, (including, without limitation, physical injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such damages or serious personal injuries; (iv) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I do not suffer from any such condition(s) (including, but not limited to neck, back and heart problems and pregnancy); (v) no representations of any kind have been made to me by anyone, including, without limitation, Sturgis, Full Throttle Saloon, Contest Personnel, or any of their respective employees, agents, producers or personnel regarding the Prize. I knowingly and voluntarily assume all risks associated with the Prize in perpetuity.
4. I hereby grant to the Contest Personnel and all television stations and channels, cable networks, satellite networks and other media platforms and other entities that broadcast or otherwise exhibit the Materials and Program or any portion thereof, and their respective agents, successors, assigns and licensees and any of their respective affiliate companies, parent companies, subsidiaries, advertising agencies (individually and collectively “you” or “your”) the perpetual right to use, and to grant others the right to use, my name, likeness, biographical information, photographs, voice, personal characteristics, incidents in my life, and other personal identification (collectively "Likeness") and any digital, videotape, sound and audio-visual recordings including, without limitation, any portrayal, impersonation, or simulation of me in any way, (collectively "Materials") in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in connection with the Program and any other productions, and in connection with the advertising and promotion of the Program and you and your subsidiaries, related and affiliated entities. I hereby acknowledge that all of my actions and speech are subject to being recorded (and being included in the Program for all purposes hereunder) and that at all times during the recording process that some recordings may be made using microphones and/or cameras which are hidden or at a distance and not immediately apparent, or of which I may not be aware, and I nonetheless consent to such recordings. I agree that you may create and include in the Program such actual or fictional incidents, scenes, situations, dialogue, events, characters, names, biographical information and other material as you may, in your sole discretion, consider proper or necessary and you are free to edit, change and dub any recordings of me with any other material (for any purpose, including without limitation, for humorous or satirical effect), as you determine in your sole discretion.
5. I understand that you have no obligation to me whatsoever and that I will not be paid any compensation for giving you the rights listed in this Agreement, or for your exercise of any and all of the rights listed in this Agreement. I hereby waive any and all rights I may have to any such compensation. I acknowledge that I am participating in the Competition on a purely voluntary basis and that I shall not be deemed to be an employee of you, nor shall I be entitled to the benefits provided by Producer to its employees. Notwithstanding the foregoing, I acknowledge that there will be one (1) winner of the Competition chosen in the sole discretion of the Contest Personnel, and such winner shall receive the Prize. In the event I am chosen to receive the Prize, the authorized Contest Personnel shall give me on a quit claim basis the Prize, it being expressly understood and agreed no warranties or merchantability or fitness of a particular use are being made by the Contest Personnel or anyone else with respect to the Prize. I shall be solely responsible for any and all taxes, federal, state or otherwise, as well as any other costs or expenses related to my receipt of the Prize or its use by me or anyone else, including, without limitation, shipping costs.
6. I hereby release you and each of your related and affiliated entities, agents, employees, representatives, assigns and licensees including, without limitation, Sturgis, Full Throttle Saloon, Jesse Dupree, or Contest Personnel, all television stations and channels, cable networks, satellite networks and other media platforms and other entities that broadcast or otherwise exhibit the Program or any portion thereof, the contestants in the Program, all sponsors, product integration partners, tradeout partners and advertisers connected with the Program, all other persons and entities connected with the Program, Competition or this Agreement, the respective parents, subsidiaries, affiliated entities, licensees, successors and assigns of each of the foregoing, each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (the “Released Parties”), in advance from and against: (i) any and all claims arising out of the Competition including but not limited all claims arising from or in connection with my running of the Courses, any defect or failure in the Courses, warnings, instructions, or damage on account of personal injury to me, including but not limited to, bodily injury, death, lost wages, loss of employment, or infliction of emotional distress, whether or not such damages arise from Released Parties’ or any third party’s negligence or carelessness; (ii) any claim for consideration or compensation for the Competition; (iii) any liability based on any personal property, residual, re-use or other right which I may have by virtue of any such use of the Materials, my Likeness, or related clips in which I appear, or as a result of the exhibition, telecast, distribution or other exploitation of the Program, any portion thereof or in connection with advertising and promotion for the Program, or the Released Parties or their subsidiaries, related and affiliated entities, throughout the world in any and all media now known or hereafter devised; and (iv) any claim arising out of my participation in the Competition or my portrayal on the Program including but not limited to defamation, invasion of privacy, infringement of rights of publicity, misappropriation, false light, copyright or trademark infringement and any intentional or unintentional acts or omissions. It is further understood and agreed that the waivers, releases and assumptions of risk contained herein are binding on my heirs and assigns, are intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid, the balance of this waiver, release and assumption of risk shall continue in full force and effect. I understand the significance and consequence of, and agree that, all rights under Section 1542 of the Civil Code of California or any similar law are hereby expressly voluntarily waived in full by me. Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7. I acknowledge and agree that any and all information disclosed to or obtained by me concerning or relating to the Competition, Courses and the Program (including, but not limited to, the nature, concepts, design and appearance thereof shall be strictly confidential (collectively “Confidential Information”), and I hereby agree that I shall not disclose any Confidential Information to any individual or entity. “Confidential Information” does not include information that has been publicly revealed as part of an official press release or otherwise publicly disclosed by Networks.
8. I understand and agree that any disclosure or misappropriation of any of the Confidential Information at any time in violation of this Agreement will cause you and the Contest Personnel to sustain substantial and irreparable harm. I understand and agree that monetary damages will not be sufficient to avoid and/or compensate you and the Contest Personnel for the unauthorized use or disclosure of the Confidential Information and that in addition to monetary damages or any other legal rights, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use of disclosure of the Confidential Information or other breach of this Agreement.
9. I shall not be entitled for any reason to terminate or rescind this Agreement nor to enjoin, restrain or otherwise impair the exercise of any of the rights and privileges granted or to be granted to you hereunder, nor to restrain, enjoin or otherwise impair the development, production, exhibition and/or exploitation of the Program or any advertising, publicity or promotion in connection herewith.
10. I acknowledge that you are relying on my agreement to the waivers, releases and confidentiality provisions of this Agreement for the purpose of your consent to my participating in the Competition and running the Courses. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein. I have the full right and legal capacity to sign this Agreement. I have fully read this Agreement prior to signing it and I understand its contents. I hereby acknowledge and agree that in the event of any dispute arising out of this Agreement or the Activity, I will first submit in writing to you the details of any such dispute. You shall then have the absolute right and option, by giving notice to me within fifteen (15) business days after receipt of my notice, to require that the matter be resolved by binding arbitration in Los Angeles, California before a single arbitrator acting under rules of, and appointed by, the American Arbitration Association. If you do not elect to enter into arbitration, I may commence a legal action if I choose, but solely in the state or federal courts located in Los Angeles, California. In the event any such arbitration or legal action is commenced, I hereby acknowledge and agree that the laws of the State of California shall govern.