Harmony Helper Rising Stars: Singing Contest
Informed Consent, Release and Waiver of Claims
By participating in the Harmony Helper Rising Stars: Singing Contest (the “Contest”) hosted by Harmony Helper, LLC (“HH”) at BroadwayCon 2019 from January 11, 2019 through January 13, 2019, each entrant, or his or her parent/legal guardian if he or she is below the age of 18, certifies that he or she (or his or her parent/legal guardian, as applicable) has read, understood, and agrees to all the terms and conditions set forth in this Informed Consent, Release and Waiver.
I HEREBY ASSUME ALL RISKS OF PARTICIPATING IN THE CONTEST. Without limiting the generality of the foregoing:
I, the participant, will be participating in the Contest. I understand that the Contest is a performance contest in which I will sing 32 bars of a song of my choice, not to exceed 2 minutes in total, on HH’s Contest stage. I understand that I am required to make an audiovisual recording of my performance (“Recording”) and submit it for judging to social media via either Facebook, Instagram or Twitter, tagging HH by using @HarmonyHelper and the hashtag #ASingersBestFriend, by no later than the following times on the following Contest dates, as applicable: 4 pm ET for January 11, 2019; 3 pm ET for January 12, 2019; and 1 pm ET for January 13, 2019. I further understand that HH’s judges will, in their sole discretion, select a daily winner for each day of the Contest, and select an overall Contest winner, each of whom will be announced via HH’s social media channels and confirmed via email to the respective winner.
I hereby (i) consent to be photographed, filmed, videotaped, have my voice recorded, and have my personal likeness recorded through other means (collectively, “Personal Material”, and together with the Recording, the “Personal Images”) by HH and its affiliates and companies with which it collaborates (collectively, the “HH Parties”), (ii) authorize the HH Parties to use, release, publish, copy, exhibit, post on the Internet (or any other medium now existing or hereafter developed), any of my Personal Images or other materials provided by me, and (iii) acknowledge and agree by participating in the Contest, to the following:
I hereby give permission to the HH Parties to use my Personal Images in whatever medium deemed appropriate by the HH Parties for any of the following purposes: (a) public relations; (b) training and education; (c) advertising; and/or (d) sales and marketing activities.
I waive the right to inspect or approve the finished product wherein my likeness appears.
I consent to the digital manipulation of my Personal Images, including without restriction, changes or alterations as to color, size, shape, perspective, context, foreground, background, sound and/or order of appearance of images or recordings.
I understand that certain forms of my Personal Images may include my name and other personal information and that the inclusion of my Personal Images in whatever medium deemed appropriate by the HH Parties may reveal information about me.
I waive all rights I may have to claims for payment or royalties in connection with any exhibition, televising, Internet posting, or other publication of my of Personal Images, irrespective of whether a fee for its use is charged by any third party.
In return for allowing me to participate in the Contest, I hereby waive, release, and discharge as to HH any and all claims for damages for death, personal injury, disability or property damage of any kind which may accrue to myself as a result of my participation in the Contest. This release is expressly intended to discharge in advance HH and its employees, agents, and volunteers from and against any and all liability arising out of or connected in any way with my participation in the Contest. THIS Informed Consent, Release and Waiver SHALL APPLY EVEN THOUGH LIABILITY MAY ARISE OUT OF CARELESSNESS, NEGLIGENCE, AND/OR GROSS NEGLIGENCE (EXCEPT TO THE EXTENT PROHIBIT BY APPLICABLE LAWS) ON THE PART OF HH, INCLUDING, WITHOUT LIMITATION, ITS EMPLOYEES, AGENTS, AND VOLUNTEERS. This Informed Consent, Release and Waiver shall apply to me, as well as any of my heirs, executors, or administrators.
I acknowledge that I am responsible for any injuries I may sustain, that I may cause to others, and damage I may cause to the facilities. I also acknowledge that HH shall have no responsibility for the actions or omissions of any participant in the Contest (including me).
I agree to indemnify, defend, and hold harmless HH from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys’ fees), from any responsibility or liability in case of personal injury, including death, sustained by me or caused by me, or damage to property of others caused by me during or because of my participation in the Contest. I release and discharge the HH Parties and their affiliates, officers, agents, and employees; and each and all persons involved in creating my Personal Images from any liability connected with the taking, recording, alteration, filming, use or publication of such interviews, photographs, slides, computer images, videotapes, or voice recordings.
I further acknowledge and agree that I may win a prize as result of the Contest (“Prize”). I understand that HH has not made, does not make, and expressly disclaims, any warranties, representations, covenants or guarantees, express or implied, or arising by operation of law, as to the merchantability, quality, suitability or fitness for any particular purpose or use of any Prize. I understand that if I win a Prize, I may be required to execute a liability release and any other instruments deemed necessary by HH in its sole discretion. Such documents and instruments must be signed and returned by the date and/or time indicated by HH. If I win a Prize and fail to sign and return such documents within such time, or if I do not comply with the general terms and conditions herein, then I will be disqualified and an alternate potential winner will be selected. I waive the right to assert as a cost of winning a Prize any and all costs of verification and redemption or travel to redeem any Prize and any liability which might arise from redeeming or seeking to redeem such Prize. Compliance with this Informed Consent, Release and Waiver is subject to verification prior to awarding of Prizes.
PRIZE for each daily winner: congratulatory video post from winner’s chosen celebrity HH ambassador.
PRIZE for Contest winner: pair of house seat tickets to Beetlejuice and a backstage tour with Beetlejuice star, Rob McClure (to be arranged at a later time).
I understand that I may ask any questions or request further explanation or information about the Contest at any time before, during, or after my participation. I understand that I am not required or entitled to participate in the Contest, and, therefore, understand that I do not have to agree to the terms and conditions of this Informed Consent, Release, and Waiver. However, I agree that I will not participate in any Contest activities unless and until I have agreed to the terms herein.