By
completing this form and submitting the link to his or her video (hereinafter,
“Submission Materials”) each submitter represents and warrants that: (A) all
contents of Submission Materials are wholly original, with the exception of any
content provided by Sony Music Entertainment in connection with Kelly
Clarkson’s single, “What Doesn’t Kill You” (“SME Content”), have been created
entirely by entrant, have not been taken in whole or in part from any source
other than entrant and do not incorporate or include anything that is owned by
any third party or would require the consent of any third party; (B) you own
and/or control 100% of all right, title and interest in and to the Submission
Materials, as well as all elements contained therein; (C) the Submission
Materials do not and shall not violate any law or the copyright, trademark,
publicity right, privacy right, or any other right of any third party; (D) the
Submission Materials, or any part thereof, have not been commercially released;
and (E) you have the written consent, release and/or permission of each and
every participant in the Submission Material to participate in the Submission
Materials as contemplated herein; and (ii) you agree that the Submission
Materials shall be a "work made for hire," with all rights therein,
including, without limitation, the exclusive copyright, being the property of
Sony Music Entertainment (“SME”). In the event the Submission Materials are
considered not to be a "work made for hire," you irrevocably assign to
SME all right, title, and interest in your entry (including, without
limitation, the copyright) in any and all media whether now known or hereafter
devised, in perpetuity, anywhere in the world, with the right to make any and
all uses thereof, including, without limitation, use in the official music
video for Kelly Clarkson’s single, “What Doesn’t Kill You” (“Video”).
The Submission Materials may not and do not contain references which are
obscene, crude, vulgar or defamatory; contain gang identification, references
to commercial products, license plate numbers, phone numbers, personal
addresses (physical or email), Web site URLs, derogatory characterizations of
any ethnic, racial, sexual or religious groups; contain references to illegal
or inappropriate activity, behavior or conduct; or contain any other references
that could be considered inappropriate, unsuitable or offensive, as determined
by SME, in its sole discretion.
By providing Submission Materials in connection herewith, you grant to SME and
its affiliated companies the right, except where prohibited by law, to use your
Submission Materials, or any portion thereof, as part of or in connection with
the Video without compensation to you unless required by law. You shall
have no right of approval, no claim to compensation, and no claim (including,
without limitation, claims based on invasion of privacy, defamation, or right
of publicity) arising out of any use, blurring, alteration, or use in composite
form of the Submission Materials. The rights granted under this paragraph shall
extend to SME and its affiliated companies and agents with respect to all
participants. SME is under no obligation to use the Submission Materials for
any purpose.
You hereby represent and warrant that you are at least nineteen (19) years of age and that you have read and agree to the foregoing and are fully familiar with its contents. By continuing, you agree to be bound by the decisions of SME and to comply with all federal, state, and local laws and regulations.