NBC10 Philadelphia (“NBC10 Philadelphia”) located at 1800 Arch Street, Philadelphia, PA, invites you to join in the fun with Philly Live (the “Philly Live Program ”) by giving you the opportunity to submit a photo of yourself posing with Vizzy Hard Seltzer (the “Submission”) through your personal social media account(s) including, without limitation, Twitter, or Instagram (“Social Media”) using the hashtag #ToastWithVizzy”. Your Submission should be original. You must have the permission of any person who appears in your Submission or who you identify in your Submission. In order to participate, you must be at 21 years old.
- Your Submission must not contain or reference any brand names, products or services of any company or any third-party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service, other than “Vizzy” as noted above.
- Your Submission must not contain any personal information (e.g., your name, e-mail address or phone number); if Submission contains personal information, it is your sole responsibility to remove all such personal information before posting it on Social Media.
- Your Submission must not contain content, images or other material that is misleading, indecent, offensive, sexually explicit, tortious, disparaging, defamatory, slanderous, or libelous, or depicts an unsafe practice.
- Your Submission must not contain content, images, or other material that reflect, advocate, or promote bigotry, racism, hatred, harm, or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- Your Submission must not contain content, images, or other material that is in violation of any applicable federal or state laws or regulations.
- Your Submission must be submitted in compliance with the format and other terms and conditions set forth on the Website (defined below) and applicable Social Media accounts used to submit your Submission; such requirements being made a part of these Submission Terms and incorporated herein by reference.
By submitting your Submission, you hereby agree to the following terms and conditions:
Your Submission may be broadcast on-air, on the Program’s website located at NBC10.com (the “Website”), on the Program’s social accounts including, but not limited to, Facebook, Twitter and Instagram, and in advertising for the Program on-air and off-air and on the Website (together, the “Materials”), and you grant NBC10 Philadelphia, its licensees, successors and assigns the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission and to incorporate your Submission in the Materials and any other works in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation.
You warrant that you have the sole and exclusive right to grant such rights to NBC10 Philadelphia, its licensees, successors and assigns and that the reproduction, publishing, displaying, and/or other use of your Submission by NBC10 Philadelphia, its licensees, successors and assigns will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
By submitting your Submission, you consent to the recording, airing, use and reuse by NBC10 Philadelphia, its licensees, successors and assigns, and the sponsors, of your Facebook, Instagram, or Twitter username, your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission or Social Media profile], as used, edited, altered, fictionalized or modified by NBC10 Philadelphia, its licensees, successors and assigns, and the sponsors, in its/their 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 NBC10 Philadelphia, sponsors, or related sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity for NBC10 Philadelphia and for the sponsors.
You acknowledge and agree that NBC10 Philadelphia its licensees, successors and assigns, and the sponsors will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission or the Materials. Nothing in these Submission Terms obligates or may be deemed to obligate NBC10 Philadelphia or any other person or entity to exercise any of the rights granted by you under these Submission Terms. NBC10 Philadelphia, its successors, licensees and assigns, and the sponsors will have the unlimited right to assign these Submission Terms and the rights granted by you under these Submission Terms at any time, in whole or in part, to any party. You agree that NBC10 Philadelphia, its licensees, successors and/or assigns, and the sponsors shall have no obligation to give you credit for your Submission, but in their sole discretion may elect to do so.
Your Submission will not be acknowledged or returned. You acknowledge and agree that you are sending your Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between NBC10 Philadelphia and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of your Submission.
You understand that there will be no payment for your Submission or the use of your Submission. You understand that no industry custom or practice applies to your agreement and that you will not be paid for your Submission. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity. If you do not want your Submission to be used and broadcast by NBC10 Philadelphia, its licensees, successors and assigns, and the sponsors, then please do not participate.