CONSENT AND RELEASE
This Consent and Release is by and between the Hershey Company (“Hershey”) and all those working for it or on its behalf (collectively, the “Permitted Parties”) and the athlete (“I,” “me,” or “Participant”) that will participate in the Olympic Winter Games PyeongChang 2018 (“the Games”).
As a member of the U.S. Team, if I win a gold medal at the Olympic Winter Games, I, will participate in the U.S. Olympic Committee’s (“USOC”) Managing Victory Tour. As a participant of the Managing Victory Tour, I will participate in an on-air interview, a photo shoot, and other related activities conducted by NBC where videographers and photographers will film, record, videotape, photograph and make audio recordings of myself and my property (collectively, the “Footage”). The Footage may include a highlight roll, a 1-2 minute “parent” long-form video, :20 second “child” short-form video and images of me with (or without) Hershey products, and Hershey would like to use the Footage in, among other things, promoting and advertising Hershey and its products in digital, electronic, and social media, including, without limitation, the Internet and all social media sites (such as Facebook, Twitter, Instagram, YouTube, etc.). Hershey would also like to use my name, likeness, voice, and persona on Hershey’s digital, electronic, and social media sites to congratulate me (a “Congratulation Message”) on winning a gold medal(s) during the Games. Hershey will be solely responsible for and shall obtain USOC approval and any Rule 40 waivers that may be required for use of the Footage and any use of my name, likeness, voice, and persona in a Congratulation Message posted by the Permitted Parties during the Games. I acknowledge that use of the Footage and the posting of a Congratulation Message(s) by the Permitted Parties is extremely time constrained and hereby consent to such usage of the Footage (including any associated Bumper Material) and my name, likeness, voice, and persona in the Congratulation Message(s) by the Permitted Parties without my prior review and agree that my execution of this Consent and Release will be deemed approval of such materials. Therefore, I agree to the following:
Usage: I hereby grant to the Permitted Parties the irrevocable, unrestricted, absolute, royalty free, worldwide rights to use, reproduce, exhibit, exploit, broadcast, post, repost, copy, modify, alter, create derivative works of, and otherwise commercialize the Footage, along with my name and biographical information, worldwide: (i) on Hershey owned and controlled websites and social media pages; (ii) in social media posts by the Permitted Parties; and (iii) in any other form of digital, electronic and social media, now known or hereafter developed, for the period of time beginning on the date that I win a gold medal at the Games to which this Consent and Release applies and ending sixty (60) days after the last day of the 2018 Winter Paralympic Games (the “Term”); provided that, the Footage will be utilized by Hershey no earlier than 24 hours after I win a gold medal and any proposed usage shall be subject to the prior review and approval of the USOC, and provided further that such usage rights shall continue in perpetuity, without territorial restrictions, for internal, non-consumer facing, and archival purposes. Notwithstanding anything to the contrary in this Consent and Release, I agree that at any time during and after the Term: (i) the Permitted Parties are not obligated to remove social media posts on Hershey’s social media properties that were posted during the Term in accordance with the terms of this Consent and Release; and (ii) the use by third parties of materials posted or otherwise disseminated by the Permitted Parties during the Term that have been approved by the USOC in accordance with this Consent and Release shall not constitute a breach of this Consent and Release by the Permitted Parties.
Compensation:In full consideration for the rights granted by me under this Consent and Release, Hershey shall compensate me as set forth in (a) and either (b)(i) or (b)(ii) below for each gold medal I win:
(a) Two limited-edition gold-style medals made entirely of HERSHEY’S GOLD caramelized creme; and
(b) A one-time payment, made on or prior to April 1, 2018:
i. in the amount of $5,000 for each gold medal I win in any event of the Games as an individual or as a member of a team with four or less members; or
ii. in the amount of $25,000 divided by the total number of members of my team that have signed and returned this Consent and Release to Hershey for each gold medal I win in any event of the Games as a member of a team with five or more members.
Hershey shall be solely responsible for any expenses and costs (including union payments if required and as outlined) for the usage described in this Consent and Release. I acknowledge and agree that I have sole and exclusive responsibility for the making of all reports and contributions, withholding payments and taxes to be collected, withheld, made and paid with respect to the compensation that I receive from Hershey under this Consent and Release.
Scope of Consent and Release:The usage rights I grant under this Consent and Release and Hershey’s obligation to pay compensation hereunder only apply if I win a gold medal at the Games and participate in the Managing Victory Tour.
Release of Claims: I hereby waive all rights to inspect or to approve the Footage and any editorial, text, copy, or any other material (collectively, “Bumper Material”) that is used in connection with the Footage and any Congratulation Message. I understand that I will have no claim to compensation (other than as set forth above) and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, biographical information, picture, likeness, voice, and persona in accordance with the terms of this Consent and Release.
No Conflicts: I have the full right and authority to grant the rights granted hereunder and I agree that this Consent and Release does not in any way conflict with any existing commitment on my part.
Union: If any use of the materials in which the Footage is used falls under the jurisdiction of any union or guild (e.g., SAG-AFTRA), I agree to accept the minimum scale payments with respect to such use and to execute any applicable union or guild contracts. If the applicable union or guild agreement does not set forth a minimum scale payment with respect to a particular use, this Consent and Release shall constitute my agreement that no additional compensation is necessary for such use or for unlimited editing rights in connection with such use.
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I represent and warrant to Hershey that I am at least eighteen (18) years of age and have the full right, power, and authority to enter into this Consent and Release and grant the rights hereunder. If I am under eighteen (18) years of age, I understand this Consent and Release must be signed by a Parent or Legal Guardian below.