AT&T Social Surprise Terms and Conditions
If a potential Gift Recipient cannot be contacted, or fails to reply within the required time period, the potential Gift Recipient forfeits his/her prize.
Individuals in the following categories may be legally prohibited from accepting gifts from AT&T and are therefore not able to receive a gift from us:
a) Employees, elected or appointed officials of any federal, state or local, government or body, or member of any board, commission, or agency;
b) Political candidates or political campaigns;
c) Board members, administrators or employees of any public school (including K through 12 schools, secondary schools and public colleges and junior colleges), libraries, or rural healthcare providers;
d) Employees of foreign governments and/or employees of companies owned in whole or in part by a foreign government;
e) Jurors/Grand Jurors currently serving on a Jury in the state of Texas;
f) Immediate family members, dependents or household members of anyone in category (a) through (e) above.
I, the Gift Recipient identified above, represent that I am of legal age of majority in my jurisdiction of residence (and at least 18 years of age or older) and have the right to contract in my own name, and I am submitting this Release (the "Release") to AT&T Mobility, LLC (''Sponsor"), its marketing agency, Team Epic ("Agency") with the understanding that it will be relied upon for my receipt of the Gift (as defined below) for which I have been randomly chosen to receive in connection with the AT&T MLS Soccer Everywhere ("Promotion").
Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree as follows:
1. I understand that I will be entitled to receive only the Gift described herein and I acknowledge and agree that substitutions will only be made at the sole discretion of the Sponsor and/or Agency.
2. I grant full right and permission to the Sponsor, Agency, and their respective officers, directors, affiliates, employees, agents, successors, and assigns, promotion agencies and anyone authorized by any ofthem (collectively, the "Released Parties"), to use my name, photograph, likeness, voice, biographical data, social media handles, social media profile photograph, and my other identifying attributes (collectively, my "Attributes") and my social posts on Twitter, lnstagram, and/or Facebook that contain "AT&T","@AT&T'',n#AT&T" "#ATT". "ATT", "@AIT', "Soccer Everywhere", "#SoccerEverywhere", "GOTW', "Goal of the week", "All star", "ASG", "concert" as of the date this Release is signed and as hereafter created ("Social Media Posts"), in whole or in part, in any and all media, including print and broadcast, now known or hereafter devised, throughout the world, in perpetuity, for the purposes of advertising, publicity and trade, without additional compensation, and, in connection therewith, I hereby release the Released Parties from any and all liability. For purposes of clarity and avoidance of doubt, and without limiting the foregoing. I grant the Released Parties full right and permission to use my Attributes and Social Media Posts, in whole or in part, (i) on any and all wireless, digital, mobile. And Internet media platforms, and (ii) on Sponsor's websites and social media websites, including, without limitation. Facebook, Twitter, Pinterest, Vine. Google +, lnstagram, including the right to (a) include my Social Media Posts and link. if applicable, to my Social Media page(s) in such Sponsor social media posts and (b) to whitelist (including, but not limited to, the inclusion of Sponsor branding on Sponsor retweets and/or repasts. and the like, of my Social Media Posts) my Social Media Posts on Twitter. lnstagram, and Facebook as it relates to the Promotion, including, without limitation, the right to repost, retweet, like, promote, reply, and comment with respect to my Social Media Posts. I further release the Released Parties from all liabilities arising out of any distortion, optical illusions or faulty mechanical reproductions of my Attributes or Social Media Posts. I acknowledge that I have no right to approve any advertising or promotional materials created pursuant to this release, which incorporate my Attributes and/or Social Media Posts.
3. The Gift ("Gift") I shall receive is:
4. In consideration of my receipt of the Gift listed above and for other good and valuable consideration, receipt of which is hereby acknowledged, I, for myself, my heirs, executors and administrators, hereby waive, release. discharge and agree to hold harmless the Released Parties from:
(A) any and all losses. damages, costs, expenses. rights, claims, demands and actions which I, my heirs. executors or assigns may now or thereafter have arising directly or indirectly out of my acceptance and utilization of said Gift, including but not limited to personal injuries, death, disability, property damages, and attorneys' fees and expenses for litigation and settlement, whether or not such losses, damages, costs, expenses, rights, claims, demands and actions are attributable to the actions, negligence or fault of the Released Parties: and
(B) any and all losses, damages, costs, expenses, rights, claims, demands, and actions which any other party may have against me arising directly or indirectly out of said Gift, including but not limited to personal injuries, death, disability, property damages, attorneys' fees and expenses of litigation and settlement.
5. I also ackhowledge that neither Sponsor nor Agency have arranged for or carry any insurance of any kind for my benefit or that of my heirs, executors and administrators relative to my use of the Gift; and that I am solely responsible for obtaining and paying for any life, travel, accident, property or other insurance relative to my use of the Gift.
6. I agree to indemnify and hold harmless the Released Parties from and against any liabilities, judgments, settlements, losses, costs or charges, including reasonable attorneys' fees, incurred by the Released Parties as a result of any claim, demand, lawsuit, arbitration or any other action relating to any bodily injury, death, property damage or other damage caused by, or arising out of, related to, or associated with my receipt of the Gift. I further agree to indemnify and hold harmless the Released Parties for any lawsuits or other claims for damages, including, but not limited to, personal injuries, wrongful death and property damage sustained by me, and agree to pay all costs and attorneys' fees associated with defending such lawsuits and claims.
7. I acknowledge and agree that I am responsible for any taxes that may become due because of my receipt of the Gift.
8. This Release shall be binding upon myself and my heirs, legal representatives and assigns.
9. I agree to return to the Sponsor or Agency the Gift, and to indemnify Sponsor and Agency for any damages or costs associated therewith, if any statement made by me in this Release is false.
10. I warrant and represent that I, nor my immediate family, are employees of AT&T Mobility, LLC, Team Epic, nor any of their parent companies, affiliates, and subsidiaries.