Badoo Campaign Participant Agreement
For good and valuable consideration, including, without limitation, as a material inducement to enable Exposure Communications LLC ("Agency") and Agency's client Badoo Trading Limited ("Badoo") to allow me to participate in the Shoot (as defined below) and a multimedia project for the advertisement and promotion of Badoo (the "Campaign"), the receipt and sufficiency of which I hereby acknowledge, I agree as follows:
- I agree to participate in a photo and video shoot for the Campaign on such dates as reasonably designated by Agency in New York City, New York (the "Shoot") and to follow all directions and instructions of Agency and its designees in connection with the Shoot. The photographs and videos taken during the Shoot are referred to herein as the "Materials." Following the Shoot, in the event Agency provides me with a copy of any Materials, I agree that I may use such Materials only for my personal, non-commercial use. I agree that Agency may upload Materials to my account on Badoo.com. I hereby acknowledge that Agency does not screen any participants in connection with the Shoot and/or the Campaign, other than to require that such participants register as Badoo users. Notwithstanding the foregoing, I represent and warrant that I have not been convicted of, and am not subject to, any court order relating to assault, battery, violence, sexual misconduct or harassment and agree that Agency or its designee may perform a background check on me and that I will provide all necessary information and sign all necessary documents in connection therewith.
- I hereby grant to Agency, Badoo and their licensees, successors and assigns the irrevocable right to use my name, image, biography, likeness and appearance at the Shoot, in Materials, in and in connection with the Campaign and for any advertising, promotional or publicity purposes of Agency and/or Badoo, throughout the universe, in perpetuity, in all media now known or hereafter devised. Agency shall have the right to edit, modify or add to any or all of the Materials, in whole or in part, and to use any of the Materials with any editorial content as Agency may determine including, without limitation, any portrayal or fictionalization of me. I represent that I have the full right, power and authority to enter into this Agreement and that I am over eighteen (18) years of age. Nothing shall obligate Agency to produce the Shoot, the Campaign and/or use any of the Materials or my name or likeness.
- Following the Shoot, I understand that in Agency and Badoo's sole discretion I may be selected to be featured more prominently in the Campaign. If selected, I agree to perform all reasonable additional services requested by Agency, including, without limitation, to create additional Campaign materials, participate in press interviews and provide biographical and other materials, and that I will not endorse or appear in or in connection with any advertisements or promotions for any other dating, social media and/or social network service on a date earlier than six (6) months following notice to me of my selection.
- I hereby agree that I will not assert or maintain against Agency, Badoo, their subsidiaries, affiliates, related entities, licensees, successors or assigns, or any other persons or entities (collectively, "Releasees") any claims (including, without limitation, claims for invasion of privacy, violation of the right of publicity, defamation, presentation in a false light and use of my name and/or likeness for advertising and trade purposes), actions, suits or demands (collectively, "Claims") I and/or any person claiming through me may have against any of the Releasees at any time. I hereby release the Releasees from all liabilities and Claims which I had, have or in the future may have against any of the Releasees relating to the Shoot, the Materials, the Campaign, the use of my name and/or likeness and/or my use of the Badoo service. I agree that I will not, at any time, make unfavorable or derogatory statement or reference to the Campaign, Badoo or Agency.
- I hereby acknowledge and agree that I do not own or have any rights, under copyright or otherwise, in and to the Materials or any elements thereof. The results and proceeds of any services I perform for Agency and Badoo and/or in connection with the Campaign and any materials I provide and/or suggest shall also be deemed Materials hereunder and a work made-for-hire for Agency. Agency shall be entitled to the copyright in the Materials with the right to exploit all rights therein throughout the universe, in perpetuity, in all media now known or hereafter devised. To the extent the Materials are for any reason not deemed a work made for hire for Agency, I hereby assign and transfer to Agency all right, title and interest in same with the right to exploit all rights therein, throughout the universe, in perpetuity, in all media now known or hereafter devised, without payment to me. I acknowledge that I shall not be entitled to any compensation from Agency, Badoo or any other person or entity in connection with the Shoot, my appearance, the use of the Materials, the Campaign (and/or services I may perform in connection therewith) or any such exploitation.
- Agency may assign or license this Agreement and/or any rights hereunder, in whole or in part, to any third party. This Agreement will be governed by the laws of the State of New York applicable to agreements made and to be entirely performed therein, and may not be modified except in a writing signed by me and Agency. The rights granted by me hereunder are irrevocable; in no event shall I have the right to seek injunctive relief or to enjoin or restrain or otherwise interfere with the production, distribution or other exploitation of the Campaign or the use of the Materials. This Agreement shall not in any way constitute me and Agency as partners or joint venturers, nor principal and agent, nor employer and employee.
- I understand that Badoo will use the personal information that I provide on this form for the purpose of ensuring my eligibility to participate in, to administer, and otherwise in connection with, the Shoot and the Campaign. I agree that my personal information may be used by Badoo, Agency and their suppliers and contractors for such purposes. In addition, my personal information may be aggregated with that of others for the purpose of undertaking market research, facilitating reviews and/or developing future events.