For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by replying #YesMoneybyQB in response to a post on my social media page(s) by Intuit Inc. and all its affiliates, subsidiaries, and related companies (“Company”), I grant to TBWA\Chiat\Day Los Angeles (“Agency”), Company, and their respective subsidiaries, affiliates, licensees, successors, agents and assigns (collectively “Licensees”), the absolute and irrevocable right and permission to reproduce, publish, display, distribute and/or otherwise use my social media post referenced in the post on my social media page(s) by Company (including any photographs, videos and/or other materials included therein), as well as my name, likeness, image, statements, user name, social media handle, profile image or photo, and/or avatar to the extent included therein (collectively, my “Social Media Post”), in any manner, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or hereafter invented, including but not limited to Licensees’ websites and social media pages (e.g. Facebook, Twitter, YouTube, Instagram, Company and Agency websites), worldwide, in perpetuity, for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of Company and/or its products and services. This right to use my Social Media Post also includes the right to change, edit and/or modify my Social Media Post and any element and/or component thereof in any way without my permission or approval.
I represent and warrant that (i) I own all rights in and to my Social Media Post and all elements and/or components thereof; and (ii) Licensees’ use of my Social Media Post as permitted herein will not violate any applicable laws or violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, right of privacy/publicity or other personal or proprietary right. I further represent and warrant that any testimonials or statements contained in my Social Media Post are given by me voluntarily, are true and accurate, and reflect my honest opinions, findings, beliefs, experiences and sentiments.
Nothing in this release shall obligate Licensees to make any use of my Social Media Post or any of the rights granted herein. If my Social Media Post or any element and/or component thereof is used, I hereby waive any right to inspect and approve the finished product, its use and/or any text, image and/or other creative element that may be used in conjunction with my Social Media Post. I agree that all right, title and interest in and to the finished product in which my Social Media post may appear, including the copyrights therein, shall vest exclusively in Company.
I hereby agree to release, hold harmless and not assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder, including, but not limited to, any claim of copyright infringement, libel, slander, defamation, invasion of privacy or right of publicity or any other right, and I waive all claims against Licensees and indemnify them from any and all claims arising out of my breach or alleged breach of any of the above representations and/or warranties.
This release contains the entire understanding between the parties regarding this subject matter and supersedes all prior understandings. No waiver, modification or additions to this release will be valid unless in writing and signed by me and Agency and/or Company. I am over the age of majority in my state of residence and have the right to make this agreement and grant the rights granted herein. This release shall be governed and construed in accordance with the laws of the State of California without giving effect to conflict of laws principles.