TTS Prize affidavit

AFFIDAVIT OF ELIGIBILITY AND LIABILITY / PUBLICITY RELEASE


This affidavit and release (the “Declaration”) will be relied upon to determine my eligibility to receive an award in the O Positiv Affiliate Sales Incentive Program (the “Program”) sponsored by O Positiv, Inc. (“Sponsor”).


1. I hereby represent to Sponsor, its respective partners, affiliates, parents, subsidiaries, related companies, agencies and any entities retained by Sponsor providing services with respect to the Program (collectively, the “Promotional Parties”) that I have complied with, and will continue to comply with, all of the rules and regulations of the Program and that I have perpetuated no fraud or deception in entering the Program or in claiming any award that may be awarded to me. I understand that I will be disqualified from receiving any award which may be awarded to me or will return immediately upon demand by Sponsor any award or the value of said award which has been awarded to me, if any statement made by me in this affidavit is false.


2. I warrant and represent that I am a legal resident of one of the fifty (50) United States or the District of Columbia and as of the date of my entry into the Program I was 18 years of age or older.


3. I also represent that neither I nor any member of my immediate family (spouse, parents, siblings, children and grandparents) or anyone living in my household, or the household of an immediate family member, is an employee of the Promotional Parties.


4. I understand that the Promotional Parties will not be responsible for any costs I may incur in connection with the Program or any award I may be awarded. I further understand that I am responsible for any and all Federal, state, local or other tax liabilities in connection with the acceptance of this award.


5. I understand and acknowledge that I may receive an IRS #1099 form for the value of the award and that I am responsible for paying all taxes relating to my receipt of the award.


6. In consideration of my participation in the Program, I hereby release and discharge the Promotional Parties, and each of their respective agencies, parents, subsidiaries, legal counsel, affiliates and all of their officers, directors, shareholders, members, employees, agents, successors and assigns (collectively, the “Released Parties”) from any and all claims, demands, losses and liabilities of any nature whatsoever which I may now have or hereafter be entitled to assert, including, but not limited to, any death, personal injury, loss of enjoyment or other harm or loss of any nature whatsoever caused by, contributed to, or arising out of my participation in the Program or out of any award awarded to me in connection with the Program.


7. I hereby agree that the Sponsor and its affiliates shall have the right to use in perpetuity my name, image, voice, likeness, social media handles, opinions and biographical information, and the Entry Materials (defined below), without notice to me and without further compensation or obligation, in any and all media now or hereafter known throughout the world, in any manner whatsoever, to advertise and promote the Sponsor and its affiliates, their respective products and services, the Program, and for any other purpose.


8. I agree that any and all information or materials submitted by me with my entry (the “Entry Materials”) are now the sole property of the Sponsor and its affiliates and can be used, published, modified, adapted, and otherwise exploited by the Sponsor and its affiliates in perpetuity in any manner whatsoever without further notice or compensation to me and without attribution to me, in any and all media now or hereafter known throughout the world. I represent and warrant that I am free to assign all the rights to the Entry Materials and such Entry Materials are not subject to the rights of any third party. I acknowledge that the Entry Materials will not be returned to me. I agree that no materials need be submitted to me for any approval and that the Released Parties shall be without liability to me for any editing or alteration or for any distortion, illusionary or other effect resulting from the publication or other use of my photograph and/or likeness.


It is understood and agreed that this is a complete RELEASE and DISCHARGE of all claims and rights against the Released Parties, and that no action will be taken by me or on my behalf with respect to any such rights, it being understood that this affidavit and release shall be binding upon my heirs, executors, and administrators.