Publicity release and waiver for Hawaii News Now’s ‘Million Mahalos!’ campaign

Published: Jul. 29, 2019 at 10:05 AM HST
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HONOLULU, Hawaii (HawaiiNewsNow) - Aloha! Beneath are the terms of the waiver for permission to use information from Facebook for Hawaii News Now’s ‘Million Mahalos!’ campaign.

By replying ‘YES’ to our post on Facebook, you hereby authorize and grant to Gray Television Group, Inc. d/b/a Hawaii News Now KGMB/KHNL in Honolulu, Hawaii (“Company”) and its successors, licensees and assigns, in connection with the production or promotion of our ‘Million Mahalos’ campaign (“Program”) the irrevocable right to use, re-use, adapt, modify, exhibit, distribute, edit and otherwise exploit, my name, likeness, image, photograph, voice, biography, interview, statements and/or performance live and recorded (“Contributions”) together with all music, photographs, video clips, sound recordings, writings or other materials (“Materials”) I submit to Company. I agree that, in addition to use in connection with the Program, Company, its licensees or assigns, retains sole discretion to use my Contributions and Materials, without further payment or consideration, in any and all manner, media or formats now known or hereafter devised, in whole or in part, as edited and otherwise altered, throughout the world, in perpetuity.

I acknowledge that Company shall be the owner of the Program, and any other program, posting, or other use to which the Contributions or Materials are added and all rights thereto for all purposes and that I have no rights to Company’s uses and no right to receive any compensation or consideration for any uses. I agree that Company may use my Contributions and Materials in any advertising, promotion or marketing of the Program or of any other program, posting or use to which the Contributions or Materials are added without obtaining my additional consent.

I agree to indemnify and hold harmless Company from and against all claims, losses, expenses and liabilities of every kind, including reasonable attorneys’ fees, arising out of the inaccuracy or breach of any provision of this agreement. I also agree to waive any equitable remedies against Company.

I expressly release Company from any and all claims arising out of the use as described above by Company for use of my Contributions and Materials, including but not limited to claims for blurring, distortion, or editing. I further expressly release and discharge Company of and from any and all claims arising from my participation, including, without limitation, any claims for defamation, false light, invasion of privacy, violation of the rights of publicity, breach of confidence, trademark infringement, unfair competition, and copyright infringement.

This agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State or Commonwealth where Company is incorporated or is conducting business, without regard to conflict of law principles, and I submit to the jurisdiction of the courts within the same State or Commonwealth and waive all objections to the jurisdiction or venue of such courts. If any provision in this agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this agreement, which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law.

This agreement represents the entire understanding of the parties, and I am not relying on any other promises or statements made by anyone other than this agreement, which may not be amended unless mutually agreed to by both Company and myself in writing.

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