BOWTECH FAMILY OF BRAND’S USE OF SOCIAL MEDIA IN ADVERTISING AND PROMOTIONS TERMS AND CONDITIONS AND RELEASE
MUST BE 18 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE UNITED STATES
By replying to the request to use your designated social media post, your name, handle, image, video or other attached media (collectively, your “Content”) in advertising and promotion of Bowtech Archery, Diamond Archery, Stryker Crossbow, Excalibur Crossbow, and its parents’, subsidiaries’ (collectively, “Bowtech”) and affiliates’ products and services (the “Promotion”), you:
(i) represent and warrant to Bowtech that you are a legal resident of the 50 United States and the District of Columbia, and you are 18 years of age or older. All federal, state and local laws and regulations apply.
(ii) represent and warrant to Bowtech that (a) your Content is wholly original and does not infringe upon or otherwise violate any right of any third party or contain any third party material, whether protected by copyright or otherwise, (b) you have all rights necessary to grant the right for Bowtech to use your Content, and (c) no party other than you has any right, title or interest in and to your Content.
(iii) hereby grant Bowtech all rights to use your Content, including the right to, or the right not to, edit, publish, use, adapt, exploit, or modify any Content online, in print, film, video, on television, or in any other media for advertising and promotional or any other purposes without compensation or notification to you of any kind, except as prohibited by law.
(iv) agree that Bowtech is not liable for losses or injuries of any kind resulting from your granting of rights to Bowtech or your participation in this Promotion.
By opting in for the opportunity to participate in any of Bowtech’s promotions, you also agree to (a) release and hold harmless Bowtech, Wayin, Inc., Facebook, Instagram, YouTube and Twitter and their respective parents, subsidiaries, officers, directors, and employees (collectively, “Released Parties”), from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from your opting in for the opportunity to participate in any Promotions; (b) indemnify Released Parties from any and all liability resulting or arising from the Promotions and the use of your Content, and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Promotions.
Participant hereby waives any and all rights under the provisions of California Civil Code section 1542, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release which if known by him must have materially affected his/her settlement with the debtor.”
This Agreement shall be construed in accordance with the laws of the State of California applicable to contracts made and fully to be performed therein. All actions, proceedings or litigation brought by either party against the other party shall be arbitrated by, and under the rules of JAMS in binding arbitration in Los Angeles, California and before a panel of three mutually selected arbitrators with experience in the field of Media and Entertainment.