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COSTUBE: COSPLAY VIDEO CONTEST
Limitations of Liability:
Participants hereby agree to release, indemnify and hold harmless the Cosplay Mania Organizing Committee (now known as “the Committee”), its parent organizations Cosplay.ph and Team Kyoudo, TV5 - MPB Primedia, Inc., Associated Broadcasting Company and all their affiliates, subsidiaries, divisions, related organizations and companies, advertising and promotions agencies, officers, and shareholders (collectively, the “Releasees”) from any claims, actions, injury, loss or damage of any kind, including, without limitations, to personal injury or death resulting from participating in this contest, inability to participate in this contest, or inability to participate in any other Cosplay Mania-related activity. This applies to damages of any kind including, without limitations, compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Participants agree that Releasees have not made nor are in any way responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the contest. The Committee does not make any express or implied warranties or representations with respect to its web sites, and the Committee shall not be liable for the consequences of any interruptions or errors related there to.
Releasees are not responsible for lost, late, illegible, damaged, or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Committee, its Releasees or by any of the equipment or programming associated with or utilized in this promotion or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the promotion. Entry materials that have been tampered with or altered after the Contest deadline are void.
Any attempt by a participant or any other individual to deliberately damage the web site or any online service related to this promotion, or to undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Use of automated entry devices or programs (such as but not limited to “bot” scripts) is prohibited. Should such attempts be made, the Committee reserves the right to seek damages (including attorney’s fees) from any such person(s) to the fullest extent permitted by law, including criminal prosecution.
The Committee reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest, or modify these official rules and mechanics at any time without notice, if in the Committee’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Cosplay Mania may void any entries they suspect are at issue and award the prize from among all other eligible entries received up to the date of cancellation.
Participants shall not receive any compensation or credit for use of entries, other than that disclosed in these rules and mechanics. Participants must agree to abide by all of the requirements, mechanics and rules stated above, by the End User and Image Release Agreement or “EUIRA”, as well as the terms and conditions of YouTube. Failure to comply will result in disqualification.
The Committee’s failure to enforce any term of these official requirements, mechanics, rules and EUIRA shall not constitute a waiver of that or any other provision. Cosplay.Ph, Team Kyoudo, and TV5 - MPB Primedia, Inc. reserve the right to disqualify entrants who violate the official requirements, mechanics, rules and EUIRA or interfere with this Contest in any manner. If a participant is disqualified, the Committee reserves the right to terminate that participant’s eligibility to participate in the Contest.
End User and Image Release Agreement:
We, the participants, hereby irrevocably consent to and authorize Cosplay Mania and TV5 - MPB Primedia, Inc. its designees to take, reproduce, display, publish or otherwise use, at any time and from time to time, our names, voices, likenesses, sounds, personas, signatures, biographical information and any statements made by ourselves, and any film, photographs or drawings of ourselves, or any part thereof, in any form (including, but not limited to, still and moving images, illustrations and animations), either alone or accompanied by other material, in any manner, throughout the world, for advertising, publicity, trade or any other lawful purposes, in any medium now known or hereafter developed (including, but not limited to, on the World Wide Web), without compensation to us.
We understand and agree that the consent and authorization we are giving in this Agreement extends to and includes Cosplay Mania and TV5 - MPB Primedia, Inc. their affiliates, subsidiaries, agents, legal representatives, assigns and those acting for Cosplay Mania and TV5 - MPB Primedia, Inc. or on its behalf including, without limitation, its advertising agencies, publishers and website developers.
We understand and agree that Cosplay Mania and TV5 - MPB Primedia, Inc. will be the exclusive owner of all rights, including, but not limited to, all copyrights, in and to such film, photographs or other recordings or renderings of my likeness or image (collectively, the “Images”), and may use those Images in whole or part, throughout the universe, in perpetuity, and license others to so use them in any manner Cosplay Mania may determine in its sole discretion, without any obligation to us. We understand and agree that we shall not receive any compensation or credit for the use of our entries, other than that disclosed in the rules and mechanics.
We hereby irrevocably release and discharge Cosplay Mania and TV5 - MPB Primedia, Inc., their affiliates, subsidiaries, agents, legal representatives, assigns and those acting for it or on its behalf from any claim or liability (including, without limitation, defamation, invasion of privacy or right of publicity) based upon any use of the Images or upon any alteration, blurring, distortion, optical illusion, retouching or other use of the Images in a composite form, whether or not intentional, or based upon any other circumstance in the production, dissemination or use of the Images or any part thereof.
In connection with the foregoing, we hereby irrevocably waive any right to inspect or approve the Images or the use of the Images by Cosplay Mania and TV5 - MPB Primedia, Inc..
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