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1. To submit Material, you must be at least 21 years old and must live in the United States. By submitting any Material, you confirm that you are at least 21 years old and live in the United States.
2. You may only submit Material that you created, that is original to you and that you own (including the copyright in the Material). By submitting any Material, you confirm that you created the Material, that the Material is original to you (e.g., none of the Material is copied from anyone or anywhere else) and you own the Material.
4. The Material you submit must not contain anything that is offensive, disparaging, defamatory, threatening, indecent, violent, abusive or obscene, or that promotes a political agenda, violence, bigotry or discrimination. The Material you submit must not include the name of any person other than you, or any private, non-public, sensitive or confidential information. The Material you submit must not contain any material that violates or infringes upon anyone’s rights (including without limitation any copyright, trademark or right of privacy or publicity), or that violates the law, or whose use by Applebee’s would require Applebee’s to obtain a license or permission from or make any payment to any third party.
5. By submitting any Material, you irrevocably grant to Applebee’s and its parent companies, affiliates and subsidiaries, each of their successors and assigns and the agents and the licensees of each of the foregoing (all of the foregoing, including Applebee’s, the “Applebee’s Companies”) the right to reproduce, distribute, publicly perform, display and otherwise use the Material, in whole or in part, and your name, Instagram handle or username, likeness, voice and/or persona, and information about you to the extent contained or reflected in the Material, via social media and all other media and formats whether now or later known or developed, without any additional notice or compensation (except where prohibited by law), in perpetuity, throughout the world. The rights granted to the Applebee’s Companies include, without limitation, the unrestricted right to modify, excerpt, combine with other material and prepare derivative works based on the Material; to incorporate the Material, in whole or in part, in a song to be prepared by or for Applebee’s; to record, reproduce, distribute, publicly perform, display, adapt, edit, excerpt, prepare derivative works based on and otherwise use the song and/or recordings of the song; and to synchronize the Material with video or other content. The Applebee’s Companies also have the right to “tag” you in social media posts. The Applebee’s Companies are not obligated to use or promote any Material in any way.
6. By submitting any Material, you release and discharge, on behalf of yourself and your heirs, successors, assigns and representatives, the Applebee’s Companies and each of their respective officers, directors and employees from any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Material by any of the Applebee’s Companies, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity and/or defamation. Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Material or your name, likeness, voice and/or persona and information about you as permitted hereunder or the exploitation of any of the Applebee’s Companies’ rights hereunder.
7. By submitting any Material, you represent and warrant that you have the right to submit the Material to Applebee’s and to authorize the Applebee’s Companies to use the Material, and the Material and the use by any of the Applebee’s Companies of the material will not violate or infringe upon any copyright, trademark, right of publicity, right of privacy or other personal or proprietary right of any person or entity or violate any law or regulation.
8. You understand that Applebee’s is relying upon your agreement to and compliance with these terms and conditions in permitting you to submit Material. You acknowledge that you shall not terminate or rescind the grant of rights and release contained herein.
9. This agreement will be governed by and interpreted in all respects in accordance with the substantive laws of the state of New York, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this agreement shall be resolved exclusively in the state or federal courts located in New York, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. These terms and conditions set forth the entire agreement of the parties with respect to the subject matter hereof and can be amended only in a writing signed by both parties.