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Submission Release and Grant of Rights

  1. Representations and Warranties. I represent and warrant that
    1. this Submission Release and Grant of Rights, when signed by me, and all provisions contained herein, will be fully binding on me;
    2. I identify as a woman;
    3. I am at least age 18 or the age of majority in the jurisdiction in which I reside, whichever is older, and have the legal right and capacity to enter into this Submission Release and Grant of Rights;
    4. I am a legal resident of one of the 50 United States (including D.C);
    5. any text or other material, ideas, known-how or information that I submit (each of the foregoing, a “Submission”) is my own original work, that I am the sole author of the Submission and have the right to make it available to Be Sunshine, LLC (“Sunshine”) and to grant to Sunshine the rights granted in this Submission Release and Grant of Rights, that no rights in the Submission have been granted to any third party and that the Submission has not previously have been published in any media or won any award;
    6. I have no affiliations with Be Sunshine — meaning neither myself nor my immediate family or household members are employed or affiliated with Be Sunshine;
    7. the Submission does not contain any material that violates or infringes upon the rights of any third party (including, without limitation, any copyright, trademark, patent or right of privacy or publicity), or that is unlawful, in violation of, or contrary to any applicable law or regulation, or whose use by Sunshine requires a license or permission from or payment to any third party;
    8. a. the Submissions does not contain any content that is untrue, obscene, explicit sexual material, nudity, profanity, commercial solicitations or commercial promotion, or that could be considered abusive, inflammatory, denigrating, and disrespectful to groups, individuals or institutions; and
    9. that if the Submission identifies or depicts any person other than me, I have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified or depicted is a minor) to the use by Sunshine of the Submission including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder, and shall provide such signed authorizations to Sunshine upon request.
  2. Submission Requirements. I acknowledge and agree that, in order to be considered for publication by Sunshine, my Submission must be:
    1. On the topic: “It’s never too late to do an activity, hobby, and/or life-change”;
    2. That submissions be about the author’s actual, personal experience
    3. Five hundred (500) words or less; and
    4. In English.
  3. Grant of Rights to Submission. For good and valuable consideration receipt of which is hereby acknowledged, I hereby grant to Sunshine and its affiliates, successors, agents and licensees, a six-month in perpetuity, an irrevocable, worldwide, royalty free, license, with the license to be exclusive license tofor a six (6) month period after your submission to Sunshine, to, publish, display, reproduce, modify, edit, create derivative works based on, exploit, develop, practice, implement and otherwise use my Submission and any components thereof and any ideas, information and/or know-how embodied therein, in whole or in part, for commercial purposes and any other purpose (including, without limitation, posting the Submission on Sunshine’s website, social media channels, and publishing the Submission in Sunshine’s newsletter), worldwide, in all media and formats whether now or later known or developed, without further notice, consideration, permission ,, or credit. Selected submissions will receive, other than nominal compensation. in an amount to be determined in Sunshine’s sole and absolute discretion. I waive any moral rights I may have to the Submission. I agree that if Sunshine elects to use the Submission for any purpose, (although it is not obligated to use the Submission), all rights under copyright and all other intellectual property rights that result from the same shall be the sole and exclusive property solely of Sunshine. I further agree that if Sunshine elects to use my Submission, I will execute any documents requested by Sunshine consistent with the grant of rights and release set forth herein. Submissions are not confidential. I agree that I have not provided and will not provide any materials or information that I do not want presented publicly.
  4. Grant of Rights to Use Name, Likeness, etc. I hereby grant permission to Sunshine, in perpetuity, to use my name, biographical information and likeness, in connection with my Submission, for purposes of advertising, trade and other commercial purposes and for any other purpose, worldwide, in all media and formats whether now or later known or developed, without further notice or compensation, unless prohibited by law. I further agree that if Sunshine elects to use my name, biographical information and likeness, I will execute any documents requested by Sunshine consistent with the grant of rights and release set forth herein.
  5. Consent to Contact. I hereby grant permission to Sunshine to contact me by mail, phone, electronic mail and / or by any media and in any format whether now known or developed, including but not limited to Facebook, Instagram, Twitter, and Snapchat. I understand that Sunshine may elect to contact me via private or direct messaging, or by posting or “tagging” my name on a more public forum or “wall”, on one or more social media platforms or websites.
  6. No Obligation to Use or Return. I acknowledge that Sunshine has no obligation to post my Submission online or to make any other use of the Submission or any ideas, information and/or know-how embodied therein. Without limitation of the foregoing, Sunshine will have the right not to post online any Submission, or to remove any Submission that Sunshine has posted online, for any reason or no reason, including if Sunshine determines in its discretion that the Submission does not comply with this Submission Release and Grant of Rights or with the Terms of Use applicable to the website or that the Submission is otherwise inappropriate for public display. I further acknowledge that my Submission will not be returned to me.
  7. Release. On behalf of myself and my successors, assigns and representatives, I hereby release, discharge and agree to hold harmless Sunshine and its affiliates, Facebook, Inc., Instagram, Inc., Twitter International Company, and each of their respective officers, directors, agents, attorneys, contractors, and employees (all of the foregoing, the “Released Parties”) from any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use by Sunshine of my Submission or any component thereof or my and any other party appearing in the Submission name, biographical information and/or likeness, including, without limitation, any and all claims for copyright infringement, patent infringement, invasion of privacy, unjust enrichment, misappropriation, breach of contract or confidence, conversion, violation of the right of publicity and/or defamation. I understand that Sunshine is relying upon the foregoing grant of rights and release in permitting me to submit a Submission. I acknowledge that I will not have any right to, and agree not to seek to, terminate or rescind the grant of rights and/or release contained herein.
  8. Indemnity. IF ANY USE BY SUNSHINE OF MY SUBMISSION CAUSES SUNSHINE OR ANY RELEASED PARTY TO BE LIABLE TO ANY THIRD-PARTY, I AGREE TO INDEMNIFY SUNSHINE, ALL RELEASED PARTIES AND ITSTHEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF SUCH USE OF MY SUBMISSION.
  9. Nature of Relationship/Waiver of Equitable Relief. I acknowledge and agree that:
    1. Sunshine has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Sunshine’s own employees;
    2. many ideas may be competitive with, similar or identical to my Submission and/or each other in theme, idea, format or other respects and that I will not be entitled to any compensation as a result of Sunshine’s use of any such similar or identical material;
    3. Sunshine does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission; and
    4. with respect to any claim I may have or make relating to or arising out of Sunshine’s actual or alleged exploitation or use of any Submission or other material I submit in connection with this promotion, the damage, if any, thereby caused to me will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and my rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
  10. Governing Law, Venue and Jurisdiction; Entire Agreement. This Submission Release and Grant of Rights shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of California, U.S.A., without regard to its choice of law provisions. I irrevocably agree that any disputes directly or indirectly arising out of or relating to this Submission Release and Grant of Rights and this promotion shall be resolved shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California, U.S.A. I hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute and waive any right to a trial by jury. If any provision of this Submission Release and Grant of Rights is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Submission Release and Grant of Rights sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties. In agreeing to this Submission Release and Grant of Rights, I am not relying on any promises, representations or other statements that are not contained in this release.
  11. Use of Information. I acknowledge and agree that Sunshine and its agents or contractors will collect personal information regarding persons providing Submissions. By providing a Submission, I expressly consent to Sunshine, and its agents, affiliates, subsidiaries, representatives or service provider’s use and disclosure of information submitted in connection with my Submission in connection with the marketing and promotions by Sunshine. In addition, I understand and agree that my information will be used in the manners described in the Privacy Policy.
  12. This promotion is administered by and on behalf of Sunshine, and is in not sponsored, endorsed or administered by Facebook, Instagram, Twitter or any other social media platform or other entity. If you provide a Submission, you are providing your information to Sunshine and not to any social media platform or other entity.