AFSCME S GOT TALENT: the Lip Sync & Karaoke Competition

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AFSCME’S GOT TALENT: The Lip Sync & Karaoke Competition

PARTICIPANT CONSENT AND RELEASE

AND

OTHER IMPORTANT INFORMATION

TERMS AND CONDITIONS:

By PARTICIPATING IN AFSCME’s Got Talent: The lip sync & karaoke competition (AGT), you agree to the following terms, conditions and/or rules. Any violation of the following terms, conditions, and/or rules will result in disqualification and your entry not being eligible for selection as a Finalist or a Prize. Violations of any of the terms, conditions, and/or rules by entrants who have already been selected as a Finalist will result in disqualification and that entrant not being eligible for a Prize.

PLEASE READ CAREFULLY

1. Eligible Entrants. Only individuals 18 years of age or older who are AFSCME members duly elected as a Delegate or Alternate to the 2016 AFSCME International Convention (“Convention”) are eligible to enter the AGT competition (“Competition”). No employee or household member of an employee of AFSCME International is eligible to enter the Competition, even if elected as a Delegate or Alternate to the 2016 AFSCME International Convention.

1. Certain Performances Not Permitted. Only family-friendly entries will be accepted. Entries with obscene language or behavior are NOT permitted and will be disqualified. Dangerous acts or props are NOT permitted. For instance, flames or flammable liquids, explosive materials, fireworks, metal swords or knives, firearms or similar weaponry are NOT permitted. Any substances that will affect the performance surface are NOT permitted. Live animals are NOT permitted. Acts featuring more than four (4) individuals are NOT permitted. Entries using copyrighted works not licensed for performance by either ASCAP or BMI are NOT permitted. AFSCME reserves the right, in its sole discretion, to determine whether a performance is “family friendly.”

1. Entry Submissions. To enter the Competition, you must obtain contributions for AFSCME PEOPLE from eligible contributors using AGT Pledge Form(s) and/or by collecting such contributions during your scheduled performances at the AGT Stage during Convention week. All entrants must complete an Entrance Form and sign a statement that you agree to the AFSCME’s Got Talent Terms & Conditions and the Participant Consent and Release which will be available at the AGT Stage. Entries must be received at the AGT Stage by 5 p.m. (Las Vegas Time) on July 20, 2016.

1. This Is A Fundraising Event for AFSCME PEOPLE. Funds raised as a result of the Competition are contributions to AFSCME PEOPLE, AFSCME’s Federal Political Committee. All funds will be used to help elect candidates who support public policies that benefit working families. All contributions are voluntary, and only AFSCME members and their family members are eligible to contribute. All participants are encouraged to raise funds using the AGT Pledge Form. The amount of funds raised prior to and during the competition may affect your ability to win a prize (as explained below).

Persons soliciting funds for AFSCME PEOPLE must inform them that: Contributions or gifts to AFSCME PEOPLE are not deductible for federal income tax purposes. All contributions to AFSCME PEOPLE are voluntary and will be used for political purposes. Contributions are not a condition of membership or employment and refusal to contribute is free of reprisal. In accordance with federal law, AFSCME PEOPLE accepts contributions only from AFSCME members, executive and administrative personnel, and their families. Contributions from other persons will be returned.

Original Pledge Forms and money should be turned in at the AGT Stage no later than 5 p.m. (Las Vegas Time) on Wednesday, July 20, 2016.

1. Selection of Finalists. Five (5) acts will be selected from all Entries as Finalists to perform during the Competition at the Convention on Thursday, July 21, 2016. The Finalists will be selected based entirely on the amount of funds raised for AFSCME PEOPLE. The five (5) acts which have raised the most funds will be selected as Finalists and will be eligible to perform at the Finals on Thursday, July 21, 2016.

All Finalists will be notified on or before July 21, 2016 that they have been selected as Finalists and are eligible to compete for the Grand Prize at the Competition.

1. Entrants Must Pay Own Travel Costs. Neither AFSCME International nor AFSCME PEOPLE will pay travel or lodging costs or other expenses for Finalists or other entrants to travel to the Competition.

1. Entrants Must Provide Their Own Props. A sound system will be available for all Finalists; however, guitars, other musical instruments and any props or costumes accompanying an act are solely the responsibility of the Finalists and will not be provided by AFSCME or AFSCME PEOPLE.

1. Talent Showcasing and Fundraising at Convention. During the Convention, Entrants will have the opportunity to raise additional funds by showcasing their talent on a mini-stage (4’x8’ platform) (AGT Stage) near the PEOPLE Booth. Entrants will be assigned times to promote their performance and raise additional pledges for AFSCME PEOPLE contributions.

9. The Competition. The Finalists will compete in the AGT competition on Thursday, July 21, 2016. Finalists will be called to the stage in a randomly selected order for their performances. Performances will be judged by the audience members. The audience will be asked to vote for their highest scorer by making contributions to AFSCME PEOPLE by dropping their money in a container bearing the name of the Finalist. In the event of a tie, the amount of funds raised by Finalists prior to Thursday, July 21, 2016 will serve as a tie-breaker.

1. Winner. The winning act will be selected from among the Finalists. The Grand Prize Winner will be the Finalist who raises the most money for AFSCME PEOPLE from audience members.

1. Prizes. The Grand Prize Winner will receive a two (2) night stay at a Hyatt or Hilton hotel in any city in the 48 contiguous states. (Hotel stay is subject to room availability, blackout dates, and other restrictions imposed by hotel.)

1. Decisions are Final and Binding. All decisions relating to the selection of Finalists and awarding of prizes by judges and voting audience members and AFSCME are final and binding and may not be appealed. AFSCME reserves the right to disqualify or exclude, at its sole discretion, any person from AGT for any reason or no reason at all, including, without limitation, violation of any portion of these rules, or tampering with the entry process or the selection process, or for submitting false or forged contribution pledges. AFSCME reserves the right to alter the rules and procedures at any time. Being selected as a Finalist does NOT ensure that you will be selected as the Grand Prize Winner.

1. All Entrants Agree to Be Bound by the Participant Consent and Release. By submitting an entry for AGT, you agree that you have read and specifically agree to be bound by the Participant Consent and Release (“Release”) portion of this document set forth below. THE RELEASE IS A LEGAL DOCUMENT THAT REQUIRES YOU TO GIVE UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO SUE AFSCME OR AFSCME PEOPLE OR CERTAIN OTHER PERSONS FOR ANY INJURY OR OTHER DAMAGES RELATED TO OR ARISING OUT OF YOUR ENTRY INTO OR PARTICIPATION INAGT. PLEASE DO NOT SUBMIT YOUR ENTRY UNTIL YOU HAVE COMPLETELY AND CAREFULLY READ THE RELEASE.

1. All Finalists Must Read and Sign the Participant Consent and Release. Upon arrival at Convention, all Entrants must check in at the AGT Stage and obtain a hard copy of the Participant Consent and Release (“Release”). All Entrants will be required to read and sign the Release before being permitted to compete in the Competition. No Entrant will be permitted to compete in the Competition if they have not read and signed the Release prior to talent showcasing and Competition portions of AGT.

PARTICIPANT CONSENT AND RELEASE (“RELEASE”)

DO NOT SUBMIT YOUR ENTRY UNTIL YOU HAVE COMPLETELY AND CAREFULLY READ AND AGREE TO THE FOLLOWING. BY SUBMITTING AN ENTRY YOU AGREE TO THE FOLLOWING:

In full and complete consideration of AFSCME possibly including me as a participant in AFSCME’s Got Talent (“Competition”), including by any of the following: accepting my entry and/or Pledge Forms; selecting me as a Finalist; by permitting me to showcase my talent at the 2016 AFSCME International Convention (“Convention”); by permitting me to compete in the Competition; and/or by permitting the audience to select me as a Prize Winner (collectively, the “Process”), and without any further consideration due from AFSCME or any third party (including, but not limited to, AFSCME PEOPLE) to me, and with the understanding that AFSCME, in its sole discretion, may choose whether or not to include me in the Process, I hereby agree as follows:

1. I hereby represent and warrant that I meet all of the following eligibility requirements:

(i) I am at least 18 years old, and I have the full, complete and unrestricted right and authority to enter into this Agreement.

(ii) I am an AFSCME member, and have been duly elected as a Delegate or Alternate to the 2016 AFSCME International Convention.

(iii) I am not an employee of AFSCME International.

(iv) No one living in my household is an employee of AFSCME International.

I understand and agree that AFSCME has the sole discretion to make determinations of eligibility, and that AFSCME reserves the right to change any of the eligibility requirements at any time.

1. I hereby grant to AFSCME and its successors, licensees and assigns, without charge or other compensation, the irrevocable exclusive right, but not the obligation, with or without my knowledge, in perpetuity and throughout the universe, to film, tape, and/or photograph, perform, record, exhibit, display, edit, distribute, sell and otherwise (in whole or in part) use my appearances during the Process and/or Competition, name, likeness, voice, singing voice, appearances, conversations, sounds, biographical data, and any information or materials provided by me to AFSCME in connection with and ancillary to the Process or otherwise in any and all media, whether now known or hereafter devised including, without limitation, in the Process, motion pictures, television, on the Internet, publishing, and recordings in connection with the advertising, sale, promotion, marketing, merchandising, distribution, publicizing and all other types of exploitation thereof, or in any manner whatsoever in AFSCME’s sole discretion, or to refrain therefrom. AFSCME shall also have the unrestricted right to edit the content and text of the Process as well as all film, tape, photography, recordings and my appearances thereon, in any manner or form. I further agree that AFSCME is the sole owner of and may freely assign all results and proceeds of such film, tape, photography, recordings and my appearances thereon.

1. In the event I perform any original music during the Process, including musical arrangements, titles, lyrics, music and all other elements of such songs (“Music”) or submit any original photographs (“Photos”), or original audio and/or video recordings (“Recordings”) to AFSCME, I hereby represent and warrant that I own, control or have obtained all rights (including, without limitation, all copyrights) in and to any and all such Music, Photos and Recordings, and I hereby grant to AFSCME, without charge, the rights necessary to use such Music, Photos and Recordings on and in connection with the Process and the rights required to exploit the Process and the ancillary rights therein as described anywhere in this Release (including, without limitation, in advertisements, promotions and publicity), in any and all media now known or hereafter devised, or for any purpose, throughout the universe in perpetuity. I hereby represent and warrant that I have obtained all of the rights, clearances, and releases necessary for AFSCME to exploit said Music, Photos, and Recordings in connection herewith. I understand that all submissions of Music, Photos, Recordings, or other materials become property of AFSCME and will not be returned to me.

1. I understand that AFSCME has obtained licenses for the performance at Convention of works licensed through ASCAP and BMI. I understand that I may search the ASCAP and BMI catalogues of music at and respectively. I understand that I may use my original works, as described in Section 3 of this Release, above, or works that are licensed for performance by ASCAP or BMI. I understand that if my performance involves the use of works other than my original works or works licensed through ASCAP or BMI, my entry will not be accepted.

1. I agree to follow all of AFSCME’s rules, directions and instructions in all matters relating to the Process, which rules are subject to change at AFSCME’s sole discretion. I will accept and all decisions of AFSCME on all matters, including, without limitation, discretionary matters (including, but not limited to, the AFSCME PEOPLE contribution and contribution pledge accounting processes, the selection of Finalists, the showcasing and Convention fundraising processes, and the Competition) as final and not subject to challenge or appeal, and acknowledge that the interests of the Process shall override those of any participant. I agree that my selection as a Finalist is within AFSCME’s sole discretion and that AFSCME is not obligated to select me as a Finalist. In the event that I am selected as a Finalist, I agree that my selection as a Prize Winner is within AFSCME’s sole discretion and that AFSCME is not obligated to select me. I acknowledge that AFSCME reserves the right, exercisable at any time in its sole discretion, to disqualify me from the Process should I at any stage supply untruthful, inaccurate or misleading information, fail to abide by the Terms and Conditions or Rules of the Competition, or for any other reason or for no reason at all.

1. I acknowledge that participation in the Process shall include my own act or performance, which I created or selected for the Process. I also represent and warrant that I am in a state of physical, emotional, psychological, and mental health that renders me capable of performing my act during the Competition and otherwise participating in the Process. I shall notify AFSCME immediately of any physical, emotional, psychological, or mental conditions that might affect me or my performance during the Process. I understand that since this is my own act that I am solely responsible for determining whether I am capable of performing the act during the Process; provided, however, AFSCME may, at its sole discretion, refuse to allow me to participate in the Process if AFSCME reasonably believes I am not capable of performing the act.

1. I hereby indemnify, defend, release, discharge, and hold harmless AFSCME, its affiliated organizations, connected organizations, subordinate bodies, partners, officers, employees, agents, members, assignees and licensees, all venues and locations used in connection with the Process, and any and all others connected with the Process, and their related parent organizations or companies, subsidiaries and/or affiliated organizations or companies, and the officers, directors, employees, agents, partners and representatives of each of the foregoing (collectively, the “Released Parties”), from any and all liability or claims arising out of or in any way resulting from my participation in the Process or in any aspect or phase thereof (including, without limitation, submission of an Entry, Finalist selection process, and the Competition), the use or reuse of my appearance, name, voice, singing voice, likeness, biographical information, Music, Photos, and/or Recordings, or the breach or alleged breach of any provision hereof and I agree not to make any claim against AFSCME or any of the Released Parties as a result of my participation or non-participation in the Process or in any aspect or phase thereof (including, without limitation submission of an Entry, Finalist selection process, and the Competition) and in connection with any use or reuse of my appearance, name, voice, singing voice, likeness, biographical information, Music, Photos, and/or Recordings (including, without limitation, any claim based upon defamation or invasion of privacy and/or publicity). I AND MY HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS (“RELEASING PARTIES”) HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL INJURY, ILLNESS, DAMAGE, EMOTIONAL DISTRESS, LOSS OR HARM TO ME OR MY PROPERTY, OR MY DEATH, HOWSOEVER CAUSED, RESULTING OR ARISING OUT OF OR IN CONNECTION WITH MY PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ACTIVITIES ASSOCIATED WITH THE PROCESS, AND WHETHER OR NO CAUSED BY OR ARISING OUT OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR ANY OF THE CONTESTANTS IN THE PROCESS. I hereby represent and warrant that I have the right an authority to grant the rights granted to AFSCME hereunder, that any Music, Photos, and Recordings that I submit to AFSCME are my original works of authorship and that I am the sole owner of such Music, Photos, and Recordings. In addition, I agree to indemnify AFSCME and each of the Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense, and loss of any kind (including outside attorney’s fees) caused by or arising out of AFSCME’s use of the Music, Photos, and Recordings, and arising out of any breach or alleged breach of any provision hereof or any statement, action or failure to act by me during or in connection with my participation in the Process, or any aspect or phase thereof. Without in any way limiting the foregoing, in no event shall I have any right to seek injunctive or other equitable relief against any of the Released Parties.

1. I acknowledge that there is a possibility that after entering into this Agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time I entered into this Agreement and which, if known by me at that time, may have materially affected my decision to agree to this Release. I acknowledge and agree that by reason of this Release, I am assuming any risk of such unknown facts and such unknown and suspected claims. I have been advised of the existence of Section 1542 of the California Civil Code (which may or may not be applicable to me) which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.