Waiver and Release Agreement
This Waiver and Release Agreement (the “Agreement”) is made on [Fill in date] by and between [Fill in Name], a citizen of [Fill-in Country and State] (the "Participant") and Papaya Gaming Ltd. (the "Company"), collectively, the "Party(ies)".
WHEREAS, the Customer is an active player of the Company’s games and has been selected for its social media campaign (“Campaign”), where the Company wishes to feature the Customer on its social media channels (including but not limited to Facebook, Instagram, and other platforms) and
WHEREAS, the Company wishes to use certain content and information provided by the Participant for publicity and marketing purposes, and the Participant wishes to grant the Company the right to use such content and information, in each case, subject to the terms and conditions set forth herein.
IT IS THUS NOW HEREBY agreed between the Parties as follows:
1. ELIGIBILITY. The Participant represents and warrants that they have read and understood the Company's Terms of Use, and they comply therewith (including the eligibility requirements specified therein). The Participant confirms that they are at least 18 years of age or the age of majority in their jurisdiction.
2. PARTICIPANT SUBMISSION.
a. The Participant agrees to provide the Company with certain personal content for use in the Campaign, which may include: (i) the Participant’s first name; (ii) a photograph of the Participant; (iii) a personal story, quote, or statement; and (iv) gaming-related information such as game achievements, statistics, or milestones (collectively, the “Submitted Content”).
a. The Participant represents and warrants that: (i) they own or have all necessary rights to the Submitted Content; (ii) the Submitted Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party; and (iii) the Submitted Content does not contain any unlawful, defamatory, or objectionable material.
3. RELEASE OF FUTURE CLAIMS.
a. The Participant, on their own behalf and on behalf of the Participant’s heirs, assigns, executors, administrators and agents, hereby fully irrevocably releases and forever discharges the Company from any and all liabilities for actions, causes of action and claims, whether foreseen or unforeseen or now known or unknown, arising from or related to the Campaign or the Company’s use of the Submitted Content and Data (as defined below). The 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.”
b. The Participant hereby irrevocably and forever waives all rights they may have arising under the law of any jurisdiction with respect to the Campaign or the Company’s use of the Submitted Content.
4. PUBLICITY AND COPYRIGHTS.
a. By participating in the Campaign, the Participant consents to the Company creating promotional materials using the Submitted Content and any additional content created by or on behalf of the Company in connection with the Campaign (together with the Submitted Content, the “Data”).
b. The Participant hereby grants the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sublicensable (through multiple tiers), transferable right and license to (i) use the Participant’s name, visual, audio, actual or simulated likeness, photograph, personal characteristics, biographical data and statements (“Traits”), and (ii) create, copy, modify, distribute, display and otherwise use the Data (featuring the Traits or otherwise), for promotional purposes, including but not limited to social media posts, advertising, and marketing campaigns, in any and all languages, formats and media now known and later devised throughout the universe and in perpetuity. The Participant releases the 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 participation in the Campaign and the publicity and exposure received constitutes valuable, sufficient and complete consideration for the rights granted herein. In no event shall the 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.
c. The Participant will not be entitled to any payment or other acknowledgement in relation to any use of the Data by the Company.
d. By signing this Agreement, the Participant irrevocably and unconditionally waives the benefits of any and all existing and future moral rights, performers' rights and copyright 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.
e. The Participant acknowledges that their Data and Submitted Content may be processed, stored, and
transferred in accordance with the Company’s Privacy Policy and applicable laws.
5. NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
6. 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.