SKITTLES Roast The Rainbow Terms and Conditions
BY USING #SWEEPSTAKES AND #ROASTTHERAINBOW IN TWITTER COPY, I HEREBY ACKNOWLEDGE AND AGREE THAT I HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Grant, Release & Waiver
For good and valuable consideration, the receipt and sufficiency of which is acknowledged, I authorize WEBER SCHANDWICK (“Agency”, as agent for its client, Mars Wrigley Confectionery US LLC (“Mars”), and their respective affiliates, franchisees, licensees, agents, distributors, successors, and assigns, and others working for each of them or on their behalf (collectively, the “Released Parties”), the right to reproduce, distribute, display and otherwise use my social media profile name, user photograph, likeness (as embodied in the photograph) and posts concerning Skittles (“Content”), together or separately and combined with any other materials, in connection with the advertising and promotion of the Skittles “Roast The Rainbow” campaign (“the Campaign”), without territorial or time limitation in any media now known or hereafter devised. This grant of right shall continue regardless of whether I alter or delete the Content after granting such consent.
I waive any right I may have to inspect or approve the finished Campaign materials or any part or element thereof that incorporates the Content in connection with the Campaign. I understand and agree that all Campaign materials shall be and remain the exclusive property of Mars (including copyright). I warrant and represent that I have full authority to grant the right to use the Content and that such grant will not violate the rights of, require approvals from, or payments to any third party.
I, my heirs and successors, hereby release and forever discharge the Released Parties from any and all claims, liabilities and damages relating to the use of the Content. The Released Parties shall have no liability for the consequences of such use or posting. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ME FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CAMPAIGN. IN NO EVENT WHATSOEVER SHALL THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY DAMAGES WHATSOEVER EXCEED IN THE AGGREGATE THE SUM OF ONE DOLLAR ($1.00).
I understand that Mars will remove #Sweepstakes and #RoasttheRainbow within content of copy. No other alterations to copy will be made to my content by the Mars team.
I have agreed to the above in consideration of the opportunity given to me by Mars for the Content to appear in these materials. I acknowledge that I have fully read and understand this document and that I have had any questions regarding its effect, or the meaning of its terms answered to my satisfaction. I certify that I am at least 18 years of age or older. This release constitutes the entire agreement between the parties regarding the subject matter herein. This release shall be governed by and construed under Illinois law, without regard to its conflict of laws principles. Disputes arising out of or in connection with this release shall be settled by the courts of law in Chicago, Illinois.