Odyssey’s Shipwreck! Pirates & Treasure Treasure Hunt Participant Release
In consideration of my participation in Odyssey’s Shipwreck! Pirates & Treasure Treasure Hunt Promotion” (the
“Promotion”) sponsored by TSX Operating Co. (the “Sponsor”), I warrant, represent, covenant, undertake, acknowledge
and agree as follows:
1. Release of Liability: I, being at least 18 years of age (19 if a resident of AL or NE), for myself, my heirs, executors and
administrators, do hereby release and forever discharge Sponsor, its parent companies, divisions, affiliates, subsidiaries,
agents, promotional partners, advertising/promotion agencies, event staff, and prize suppliers, together with the
respective directors, officers, employees and assigns of each (aforementioned individuals and organizations collectively,
the “Releasees”), from any and all liability, claims, illness, personal injury or death which may result from the Promotion.
I further agree not to sue or otherwise assert any Claim (as defined below in Section 2) against the Releasees for my
injury or death or for damage to my property, arising out of or in any way related to my participation in the Promotion.
By electronically signing this document (in the form of my initials provided on the online Promotion registration form),
I fully recognize that if anyone is injured or if any property is damaged while I engage in this Promotion, I will have no
right to assert a Claim or to file a lawsuit against the Releasees, even if they or any of them negligently caused the injury
or property damage. I further understand and acknowledge that none of the Releasees has arranged for or carries any
insurance of any kind for my benefit or for that of my heirs, executors and administrators relative to my participation in the
Promotion; and I am solely responsible for obtaining and paying for any life, travel, accident, property or other insurance
relative to my participation in the Promotion.
2. Indemnification: I hereby agree to indemnify and hold the Releasees harmless from and against any and all claims,
liabilities, actions, suits, damages, injuries, losses, or expenses, including the Releasees’ court costs and attorney’s
fees, arising from, in connection with, or incident to: [a] any claim, action, or other proceeding (“Claim”) made, brought, or
prosecuted, or caused or permitted to be commenced or prosecuted, by me or any of my successors or assigns contrary
to the provisions of this agreement; [b] any Claim brought or asserted by any third party against any of the Releasees
due to or arising out of my entry or any aspect of my participation in the Promotion; [c] any aspect of my participation in
the Promotion, including, without limitation, any activities incident to the Promotion; [d] my acts, omissions, negligence,
or wrongdoing; or [e] any breach or violation of any of the representations, warranties, or covenants contained in this
release. My indemnity obligations herein shall survive indefinitely.
3. Publicity/Entry Release: In exchange for the opportunity to participate, hereby acknowledged as good and valuable
consideration received, I, the undersigned, do hereby grant to Sponsor the irrevocable right and license to use: [a] my
name and biographical material concerning me; [b] any videotape, motion picture and/or still photographs made by
Sponsor or its designee of my likeness, poses, acts and appearances; [c] any sound recordings made by Sponsor or
its designee of my voice in any such videotape and/or motion picture; and [d] any quotes I may give (collectively, the
“Recordings”); without additional compensation to me, in any manner or medium, throughout the world and in perpetuity.
In addition, I, the undersigned, release the Releasees from any and all claims that I have or might have by virtue of
Sponsor’s use of the Recordings, whether now known or hereafter discovered, including without limitation, any claim
for defamation, slander or invasion of privacy. The results and proceeds of such taping, filming, photography and/or
recording shall be deemed as a “work made for hire”, as such term is defined under the copyright laws of the United
States, with Sponsor as the author and exclusive owner thereof. By signing this agreement (in the form of my initials
provided on the online Promotion registration form) I hereby assign and transfer to Sponsor any rights Sponsor may have
or acquire in such Recordings, whether published or unpublished. I further agree that Sponsor and its successors and
assigns shall be the sole owner of all patents, trademarks, copyrights and other rights in connection with such Recordings.
The foregoing permission and release is given for Sponsor’s benefit and for the benefit of each of its successors,
licensees and assigns, and any persons, firms or corporations which, through Sponsor, shall have the right to promote,
distribute and/or exhibit the Recordings, as set forth herein including on YouTube.com and Facebook.com.
4. Effect Of This Agreement: I understand and acknowledge that by signing this document (in the form of my initials
provided on the online Promotion registration form) I will give up certain legal rights and/or possible claims which I might
otherwise assert or maintain against the Releasees, including but not limited to rights and/or claims arising from the
negligent acts or omissions of the Releasees. I further understand and acknowledge that by signing this document (in the
form of my initials provided on the online Promotion registration form) I assume responsibility, and possible legal liability,
for third-party claims that may be asserted against me as a result of my participation in the Promotion. I understand that
this is the entire agreement between myself and Releasees (with the exception of the Promotion Official Rules which shall
also remain in full force and effect, unless in the case of conflict between such rules and this agreement, the terms and
provisions set forth herein shall control), and I enter into this agreement freely and voluntarily. My electronic signature (in
the form of my initials provided on the online Promotion registration form) indicates that I have read this entire document,
that I understand it completely, and that I agree to be bound by its terms. I further agree that a copy (electronic or
otherwise) of this document is as valid as the original.