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FLAVOR UNDERGROUND - CASTING CALL

TERMS AND CONDITIONS

Soy Vay Flavor Underground


By submitting your Soy Vay Flavor Underground (the “Program”) casting video (a “Video”) to Soy Vay Enterprises (“Soy Vay”), you hereby irrevocably agree to these Terms and Conditions and represent that you are at least eighteen (18) years old and a resident of the United States of America.

Submission Guidelines: The Video must (i) be in video format; (ii) not exceed five minutes ; and (iii) be in English.  The Video must not (i) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (ii) disparage Soy Vay Enterprises, its subsidiaries or affiliates, or any other person or party affiliated with the Program and administration of this Program; (iii) feature brand names or trademarks other than those owned by Soy Vay Enterprises, which you have a limited license to use to incorporate into his/her Tip for this Program; (iv) contain text that has been plagiarized or is not created by you; (v) contain text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; (vi) contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (vii) contain any names or descriptions that personally identify a specific individual or (viii) contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Video is created.

Grant of Rights: By uploading a Video, you hereby irrevocably and unconditionally grant your consent to give Soy Vay Enterprises, Swirl, Current Lifestyle Marketing and their respective subsidiaries, parents, affiliates, suppliers, distributors, advertising and creative agencies, service providers and business partners (the “Companies”) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your Video in whole or in part, on a worldwide basis, and to incorporate it into Soy Vay digital and social media properties, including the Flavor Underground campaign  (the “Campaign”), and any other works or media venues selected by Soy Vay, in any form, media or technology now known or later developed, including for marketing purposes. If requested, you will sign any documentation required for Soy Vay or its designees to make use of the non-exclusive rights you are granting to use the Video.

You irrevocably waive any right that you may have to inspect or approve any use of the Video, and  recognize that the Companies will rely on this release in creating and using the Campaign and that the Companies may incur substantial expense in doing so. You acknowledge and agree that you are not entitled to any compensation or other consideration for any such use of the Video, and you hereby waive any present or future claim for any consideration. You understand that the Companies are not obligated to make any use of the Video and may exercise any of the rights granted herein in their sole and absolute discretion.  You agree to not make a claim of moral rights with respect to the Video or the Campaign. 

Release: By being selected for participation in this campaign, you agree to release and hold harmless the Companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all past, present, or future  claims, demands, actions, liabilities, damages, costs, and expenses, known or unknown, including without limitation claims based upon any rights of publicity or privacy, defamation, false light, emotional distress, and/or copyright, arising directly or indirectly from, or in any way related to, any use of the Video.   You agree not to make or bring any claim against any of the Released Parties, arising directly or indirectly from, or in any way related to, any such use of the Video.  If, nevertheless, you are at any time permitted to bring any such claim, you agree that your exclusive remedy (if any) for any such claim (whether based on breach of contract, tort, or any other legal theory) shall be limited to an action at law for damages; you shall not be entitled to any injunction or other equitable remedy.

Publicity: Except where prohibited, by submitting a Video you irrevocably and perpetually agree to the Companies’ use of your name, likeness, hometown, state and any pictures or other biographical information you provide for promotional, marketing, research and editorial purposes in any media, worldwide, without further payment or consideration.

General:  You agree that these terms and conditions contain your entire understanding and agreement with the Companies, and supersede all prior or contemporaneous statements, agreements, or understandings between you and the Companies, regarding its subject matter.  No waiver, modification, or addition to these terms shall be valid unless in writing signed by you and one of the Companies.  If any portion of these terms is deemed invalid or unenforceable in any jurisdiction, such portion shall be deemed modified so as to achieve its original intent to the maximum extent possible under applicable law, and such invalidity or unenforceability shall not affect any other portion of these terms or invalidate or render unenforceable such portion in any other jurisdiction. These terms bind you and your heirs, executors, successors, and assigns. These terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of laws rules.  Any claim or cause of action arising under these terms shall be brought only in the federal and state courts located in Oakland, California.  You hereby irrevocably consent to the exclusive jurisdiction of such courts and waive any objection thereto on any basis, including without limitation improper venue or inconvenient forum. 

Personal Information: Information collected from you on this webpage is subject to The Clorox Company’s Privacy Policy.

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