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IMPORTANT! By checking this box, you confirm that you have read, understood, and agree to the below VIRTUAL AUDIENCE PARTICIPANT RELEASE AGREEMENT*
VIRTUAL AUDIENCE PARTICIPANT RELEASE AGREEMENT (the “Agreement”) THIS AGREEMENT CONTAINS A COMPLETE RELEASE AND WAIVER OF CLAIMS. BY AGREEING TO THESE TERMS YOU GIVE UP LEGAL RIGHTS. PLEASE READ CAREFULLY. As consideration for your participation in the Marilyn Denis Show (“MDS” or the “Program”) as a member of the virtual audience, 1. You acknowledge and agree that Bell Media Inc. (“BMI”) and MDS are under no obligation to allow you to appear on the Program and that BMI has the sole and exclusive authority over the Program content and broadcast; 2. You acknowledge, agree and accept that your participation is subject to any and all terms and conditions communicated to you in any manner and at any time by MDS and/or BMI; 3. You grant to BMI the non-exclusive right in and to your likeness and the depiction of your location to be used in connection with MDS and as follows: (i) the use of recordings, filming, photographs, and stills from your participation as a virtual audience member (your “Appearance”) and the use of your name, likeness, location, performance, voice, conversation, statements, opinions, ideas, contributions and sounds, including any instrumental or vocal musical performances and compositions (collectively, “Recordings”); (ii) to edit the Recordings for use in and/or in connection with MDS; and (iii) to exploit the Recordings, or elements thereof in MDS for any purpose, including the broadcast, exploitation, reproduction, distribution, advertising and promotion of MDS on all BMI-owned, operated, and/or branded platforms in any language, media or manner of communication now known or developed later, worldwide and forever, without further notice or consideration to you; and (iv) to authorize, permit, assign and/or license others (including to any parent, affiliate or subsidiary company), to do any of the foregoing; 4. You waive any moral or similar rights you may have in your Appearance, the Recordings and/or in MDS and acknowledge that BMI has no obligation to use your Appearance and the Recordings in any way; 5. You confirm that you are at least 19 years of age as of the date of your participation and that you will be alone during your Appearance; 6. You acknowledge and agree that if you authorize and allow a minor to appear in or during your Appearance, you are that minor’s parent or legal guardian and you are fully responsible for the minor and further agree that the terms, rights and releases contained in this Agreement bind you and your minor now and after the minor becomes the age of majority in his/her province/state of residence; 7. You acknowledge, understand and agree that should you be eligible to receive a gift as a member of the MDS audience, then a. the gift must be accepted as awarded; b. the gift may not be sold and is not convertible to cash; c. any refusal to accept, use, redeem, or complete (as applicable) the gift as awarded shall constitute a forfeiture of the gift and shall fully, unconditionally and irrevocably release BMI and all persons and entities connected with the gift, from any and all obligations whatsoever in connection with the gift; d. you shall be solely responsible for any and all costs and expenses related to the gift not expressly included in the gift; e. you are under no obligation to use, redeem, accept, or complete any gift; f. your decision to use, redeem, accept, enjoy, or complete the gift is entirely your own; g. in order to redeem certain gifts, you will be required to interact, contract, and deal with, and provide personal information to, the gift provider, and not BMI, in order to accept, use, redeem, or complete (as applicable) the gift; h. you will be subject to any and all policies, terms, standards, and requirements imposed by the gift provider when using, redeeming, or completing (as applicable) the gift; and i. you agree BMI is merely distributing the gift and is in no way responsible for any aspect of the gift itself; and j. you will fully acquaint yourself with the gift, gift provider, and gift terms prior to gift usage, redemption, or completion (as applicable); 8. You release and hold harmless BMI, its parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies, and each of their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, “Releasees”) from (i) all liability including any claims, demands, actions, causes of actions, including but not limited to any injury, death, accident, loss or damage to you or your property or any other person or entity or to any personal or real property with respect to MDS and/or your participation; and (ii) all liability related to garbled, illegible, lost, late, delayed, destroyed or misdirected electronic communications, mail, voice messages, or e-mails, incorrect or inaccurate capture of information, human or technical error, seeding or printing errors, failure of the internet, any operating system, app or website connected to MDS, for any problems or technical malfunction of any telephone or data network or lines, computer line or network systems, servers, access providers, computer or mobile device equipment, software, failure of any email or traffic congestion on the internet, mobile data network, or at any website or app, or any combination thereof including any injury or damage to you or any other person’s computer or other device related to or resulting from using, accessing, playing or downloading any material in relation to your participation and/or if applicable, arising out of the use or misuse of products, services or information acquired as part of a gift; and 9. You acknowledge that you have read this Agreement prior to participating in the Program and that you are fully familiar with its content and agree that this Agreement shall apply to and be binding on you and your heirs, executors, administrators, personal representatives, successors and assigns.