GUIDELINES FOR SUBMISSIONS AND
REPRESENTATIONS:
Submissions: The term "Submission" herein shall include any materials or
information submitted by you, including without limitation, your name, likeness,
photographs, videos, writings, statements, audiovisual materials, music or other
audio-only works, ideas or other material furnished by you to The Coast Guard
Foundation ("Foundation"), located at one-in-a-million-rescued.org or otherwise.
1. ORIGINALITY; RIGHTS:
The Foundation is only interested in your original work. You represent and
warrant that (i) your entire Submission is an original work by you and you have
not copied or used other works in or in connection with your Submission; (ii) no
person or entity other than you has any right, title or interest in any part of
your Submission; (ii) your Submission, the use thereof by the Foundation, or the
exercise by the Foundation of any of the rights granted by you under this
Agreement does not and will not infringe or violate any rights of any third
party or entity, including, without limitation, copyright, trademark,
defamation, privacy, publicity, false light, idea misappropriation, intentional
or negligent infliction of emotional distress, or any contractual rights; (iii)
you have all the rights, licenses, permissions and consents necessary to submit
the Submission and to grant all of the rights that you have granted to the
Foundation under this Agreement; and (iv) you have obtained all necessary
permissions when photographing or filming any part of the Submission on private
property not owned or controlled by you, where such permission is required.
2. PEOPLE IN SUBMISSION: You represent and warrant that all persons who were
engaged by you to work on the Submission or who appear in the Submission in any
manner have given you their express written consent to submit the Submission for
use, exhibition and other exploitation in any manner and in any and all media,
whether now existing or hereafter discovered, including, without limitation, the
Internet and television, throughout the world, in perpetuity. If you include
pictures of anyone in or with your Submission, you must have their written
permission to include their image in or with the Submission. If you submit an
image of someone who is under 18 years of age who is not your child, you must
have the written permission of that child's parent or legal guardian. You
further represent and warrant that anyone who was engaged by you or who appears
in the Submission (i) has no claims for payment of any kind, including, without
limitation, for royalties or residuals, arising out of any use, exhibition or
other exploitation of the Submission; (ii) has no approval or consultation
rights or any rights of participation with respect to any use, exhibition or
other exploitation of the Submission; and (iii) was not engaged by you or anyone
associated with the Submission under any union or guild agreement that results
in any ongoing obligations resulting from the use, exhibition or other
exploitation of the Submission.
3. NO PAYMENT FOR SUBMISSION: You understand that you will not be paid any money
for submitting your Submission, for granting the rights to your Submission set
forth in this Agreement to the Foundation or for agreeing to the terms and
conditions set forth herein.
4. RIGHTS GRANTED TO THE FOUNDATION:
(a) RIGHTS IN SUBMISSION: By sending the Foundation your Submission, you hereby
acknowledge and agree that you are granting the Foundation, its successor and
assigns, the perpetual and irrevocable, non-exclusive right and license to (a)
reproduce, distribute, display, exhibit, host, cache, store, archive, index,
categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify,
synchronize with visual material, create algorithms based thereon, and transcode
the Submission to appropriate media formats, standards or mediums; and (b)
otherwise use, exhibit, exploit, sell, license, assign and otherwise transfer to
third parties the right to use, exhibit and otherwise exploit the Submission
throughout the world in perpetuity, in any and all media, whether now existing
or hereafter devised, including, without limitation,
www.one-in-a-million-rescued.org..
You grant the rights hereunder whether or not your Submission or any part
thereof is actually used by the Foundation. You acknowledge that your
consideration for the rights you grant the Foundation in your Submission is the
possibility that the Foundation or its designees' will review or use your
Submission. You acknowledge and agree that your Submission is being sent
voluntarily, and not in confidence, and that no confidential relationship is
intended or created between the Foundation and you by your submission of the
Submission.
In addition to all of the legal and equitable rights and remedies available to
the Foundation in connection with this Agreement or your Submission, you
acknowledge and agree that the Foundation shall have the right, in its sole
discretion, not to post the Submission on any website, to remove the Submission
from any website on which it has been posted, and not to use, exhibit or
otherwise exploit your Submission in any manner whatsoever.
(b) USE OF NAME AND LIKENESS: By sending the Foundation your Submission, you
also consent to the recording, use and reuse by the Foundation, its successors
and assigns, of your name, voice, actions, likeness, appearance, performance,
biographical material, and any other identifying information, including, without
limitation, any information contained in your Submission (collectively,
"Personal Elements"), as edited, altered, fictionalized or modified by the
Foundation, in its sole discretion, in any and all media now known or hereafter
devised, throughout the world, in perpetuity, including, without limitation, in
and in connection with one-in-a-million-rescued.org or related website, in and
in connection with any television programs and other productions, and in
connection with advertising, promotion and publicity. You acknowledge and agree
that the Foundation, its successors and assigns, may use all or any part of your
Personal Elements, and may make any changes that any of them may deem necessary,
in their sole discretion, including altering, fictionalizing or modifying them
regardless of whether or not you are recognizable.