This Consent and Release Agreement (“Agreement”) is made on (Date) [ ] by and between (Full Name) [ ], a citizen of (Country) [ ] with Identity Card No. [ #] ("Participant") and Papaya Gaming Ltd. ("Company"), collectively, the "Party(ies)".
WHEREAS, Participant has been selected to participate in Company's "World Solitaire Championship - Miami Event" ("Miami Event"), taking place between February 20, 2026 - February 22, 2026, subject to execution of this Agreement and Participant’s compliance with Company’s Miami Event Terms, WSC Terms, Promotion Terms, Privacy Policy, and Terms of Use. Hyperlinks to these terms/policies referenced herein have been provided to the Participant by separate email. Such terms/policies form an integral part of this Agreement; and
WHEREAS, Company wishes to film, photograph, record and otherwise capture and use content and information relating to Participant and Participant’s involvement in the Miami Event, whether created before, during or after the Miami Event for publicity and marketing, and Participant wishes to grant Company the right to use such content and information, in each case, based on the terms and conditions set forth herein.
IT IS THUS HEREBY agreed between the Parties as follows:
- PARTICIPATION IN THE MIAMI EVENT. Participant represents and warrants that -
All information provided by Participant in connection with the Miami Event is true and accurate, and Participant agrees to promptly update Company if any such information becomes incorrect.
The participation in the Miami Event and any travel in connection with such participation is at Participant's own risk. Participant is fully and solely financially responsible for all costs and expenses related to his/her participation in the Miami Event that are not expressly covered by Company under the Miami Event Terms, including any applicable taxes arising from such participation. Unless otherwise agreed in writing by Company, Participant acknowledges that he/she is responsible, at their sole cost and expense, for all related expenses outside of travel and lodging (meals, airfare, ground transportation, and hotel accommodations) incurred in connection with participation in the Miami Event. Participant is responsible for obtaining and maintaining, at his/her own expense, travel insurance and medical or health insurance that is valid in Miami for the duration of the Miami Event, and acknowledges that Company does not procure, subsidize or provide any such insurance on Participant’s behalf.
All information, visuals, and content relating to the Miami Event Tournament are confidential. Participant is strictly prohibited from recording, disclosing, or publishing any video, audio, images, or information relating to the Miami Event Tournament, including, without limitation, gameplay, results, winners, or Participant identities, prior to the first airing of the official broadcast of the Miami Event. Company may, at its discretion, require the Participant to surrender or store outside the Miami Event Venue any recording or electronic devices. Any breach of this obligation may result in the breaching Participant’s immediate disqualification, forfeiture of prizes, Participants’ obligation to repay all costs and expenses paid by Papaya for the Participant’s participation in the Miami Event, and any other remedies available to Company under applicable law.
- RELEASE OF FUTURE CLAIMS.
Participant, on his/her own behalf and on behalf of Participant’s next of kin, heirs, assigns, executors, administrators and agents, hereby fully irrevocably releases and forever discharges Company and Lunchtime LLC DBA Estars Studios, and each of their respective parents, subsidiaries, affiliates, distributors, suppliers, advertisers, promotional organizations, judging organizations, employees, officers, directors, shareholders, and agents (collectively, the “Releasees”), from any and all claims, actions, damages, fees, losses, liabilities, costs, expenses, injuries, or causes of action of any kind, whether foreseen or unforeseen or now known or unknown, arising from or related to the Miami Event, or the Releasee’s use of the Data (as defined below), as contemplated herein. Participant further understands and agrees that all rights under Section 1542 of the Civil Code of California, or any similar law of any state or jurisdiction that may be applicable, are hereby expressly waived. Said Section 1542 reads as follows: “1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Participant acknowledges and agrees that he/she has reviewed the terms of California Civil Code section 1542, and that Participant expressly waives and relinquishes any and all rights and benefits provided by that section, as well as any similar law in any jurisdiction in which Participant may have similar rights and benefits with respect to claims against Company and its affiliates and individuals.
Participant hereby irrevocably and forever waives all rights they may have arising under the law of any jurisdiction with respect to the Miami Event.
Participant acknowledges and agrees that there are foreseeable and unforeseeable risks and hazards directly or indirectly involved in Participant’s participation in the Miami Event, that Company has no control over such dangers, and that Company does not make any representations of safety regarding the Miami Event. Participant also acknowledges that he/she has full knowledge of the facts and circumstances associated with his/her participation in the Miami Event. If Participant chooses to participate in the Miami Event, Participant voluntarily assumes all responsibility and risk associated with the Miami Event, including, but not limited to, all risk of loss of life, physical or emotional injury, serious illness arising from (or exacerbated by) Participant’s participation in the Miami Event, accidents, property damage, injury to others, and other hazards.
Participant acknowledges and agrees that the Releasees assume no liability whatsoever for personal injuries or property damage to Participant or to third parties arising out of Participant’s participation in the Miami Event.
In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, other than Participant’s actual out-of-pocket expenses arising out of participation in the Miami Event. Without limiting the foregoing, any items, benefits or arrangements made available in connection with the Miami are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to Participant. In such cases, Company liability will be limited to the fullest extent permitted by applicable law.
- PUBLICITY AND COPYRIGHTS.
By participating in the Miami Event, Participant consents to (i) any filming, photography or other recordings of Participant made at any time in connection with or in the course of the Miami Event, whether at the Miami Event venue, at Participant’s residence or elsewhere (any such resulting materials, the “Data”), and (ii) Company’s use and publication of the Data for promotional, advertising and public-relations purposes.
Participant hereby grants to Company a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sublicensable (through multiple tiers), transferable right and license to (i) use Participant’s name, visual, audio, voice, actual or simulated likeness (including avatar), photograph, personal characteristics, biographical data and statements as taken or recorded by Company and/or its permitted designees in connection with the Miami Event (“Traits”), and (ii) create, copy, modify, distribute, publish, make available, display and otherwise use the Data (featuring the Traits or otherwise), for marketing, promotional or other commercial purposes, in any and all languages, formats and media now known and later devised throughout the universe and in perpetuity, regardless of whether the Traits or Data are used in connection with the Miami Event. Participant releases Company and any of its licensees and sublicensees from all claims, liabilities and obligations whatsoever in connection with the use of the Traits and Data and agrees and acknowledges that the publicity and exposure received constitutes valuable, sufficient and complete consideration for the rights granted herein. In no event shall Participant have any right to seek or obtain injunctive or other equitable relief in connection with the use of the Traits or Data or any other production, or the production, distribution, exhibition, advertising, promotion or publicizing thereof.
Participant will not be entitled to any payment or other acknowledgement in relation to any use of the Data by Company.
By signing this Agreement, Participant irrevocably and unconditionally waives the benefits of any and all existing and future moral rights, performers' rights, publicity or personality rights, copyrights and any similar rights in any and all of Company's past and future use of the Data, which arise under any laws of any jurisdiction, to the fullest extent permitted under applicable law.
Participant acknowledges that the Data may be processed, stored, and transferred in accordance with Company’s Privacy Policy and applicable laws.
- NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
- VENUE. This Agreement and the interpretation of the terms shall be governed by and construed in accordance with the laws of the State of New York. Any claims relating to the Agreement shall be explicitly submitted to the personal jurisdiction of the competent courts located in New York, New York, U.S.
- INTERPERTATION. Capitalized terms used in this Agreement but not defined herein shall have the meaning assigned to them in the Miami Event Terms, unless expressly provided otherwise.
| Participant |
Full Name:
Date:
Signature: