Rules

By submitting a photograph, each participant grants Delaware North Companies, Incorporated (“DNC”) and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right and license to publish, print, reproduce, edit, modify, adapt, create derivative works of, and otherwise use the participant’s submitted photograph and name and likeness, in whole or in part, for any purpose, both commercial and non-commercial, and in any manner or media throughout the world and to license others to do so, all without limitation or further compensation and without additional review or approval from participant or any other party.

If a submitted photograph includes the image and/or likeness of any persons where the person is recognizable, the participant must obtain a photo release form from the person appearing in the photo (or in case of a minor, from the minor’s parent or guardian). Signed photo releases must be provided to DNC within seven (7) days of date of written request from DNC. Similarly, if a statue, painting, sculpture, artwork or any other copyrightable material appears in the submitted photograph, the participant must obtain a copyright license from the copyright owner of such statue, painting, sculpture, artwork or any other copyrightable material. Signed copyright licenses must be provided to DNC within seven (7) days of date of written request from DNC.

By submitting a photograph, each participant represents, warrants, and agrees that: (a) the photograph submitted by the participant is a single original work created by the participant alone; it is not copied from any other material; participant owns all right, title and interest in and to the photograph submitted by participant to enable participant to grant the rights granted herein; and the photograph submitted by the participant does not infringe upon the rights of any third party, including without limitation, copyrights, trademark rights, any rights of publicity or privacy, or any other intellectual property or proprietary rights; and (b) the photograph submitted has not been previously exhibited or displayed publicly through any means, published or submitted in any other contest or competitions and/or to any media, including, without limitation, any newspapers or magazines. Submissions must not contain or depict any defamatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by DNC in its sole discretion. Submissions must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. The submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the photograph is created.

By submitting a photograph, all participants understand and agree that such photograph may be posted on the internet (and other media as designated by DNC in its sole discretion) for public view and any such posting will be deemed made at the direction of the participant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.

By submitting a photograph, each participant agrees to defend, indemnify and hold harmless DNC and their respective parent, subsidiaries, affiliates and/or related companies and each of their officers, directors, shareholders, employees, agents, and representatives from any and all damages, injuries, claims, causes of action, or losses of any kind (including but not limited to reasonable attorney’s fees) arising out of or relating to participant’s submission of the photograph; participant’s violation of any term of these rules; participant’s violation of any third-party right, including without limitation any copyright, trademark right, property, or privacy right; or any claim that the photograph submitted caused any type of damage to a third party.
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