Indianapolis Motor Speedway
“#500inSpirit” Fan Photo Promotion Release
INDIANAPOLIS MOTOR SPEEDWAY, LLC (“IMS”) “#500INSPIRIT” FAN PHOTO PROMOTION ACKNOWLEDGEMENT AND AUTHORIZATION FORM in connection with the opportunity to join the “#500INSPIRIT” FAN PHOTO PROMOTION to take place during the 2020 Indianapolis 500 Mile® Race on August 23, 2020 in Indianapolis, Indiana ( “Promotion”), I, on behalf of myself, my participant child or my ward (as applicable) (the “Participant”), and Participant’s personal representatives, heirs, and assigns, hereby acknowledges and agrees to the following:
1. Participant is not promised any benefit in exchange for participation in the Promotion. The Promotion, either in whole or with respect to Participant, may be discontinued or modified in the sole discretion of IMS or its telecast and technology service providers and partners (collectively, the “IMS Entities”). The Promotion may be sponsored by a third party designated by IMS or any IMS Entity in their sole discretion and the Participant’s name, voice, image and other attributes may be used in connection with, and alongside, such sponsor branding without notice to Participant or further consent.
2. Participants must comply with the following rules:
1. You must be at least 13 years of age or older to submit Content. If you are under 18 years of age you must have permission from your parent or legal guardian to submit Content. If anyone else under 18 years of age appears in the Content, you must have permission from that person's parent or legal guardian to submit the Content and to grant the rights set forth herein.
2. Content may not include any brand names, logos, advertising or other commercial elements.
3. Content must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement.
4. Content may contain multiple people, provided you have consent from each person who may appear in the Content. The Content must be your own Content.
5. Content must not contain material that is inappropriate, indecent, obscene, offensive, sexually suggestive, defamatory, slanderous, or libelous in nature. Content must not contain material that promotes bigotry, racism, or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
6. Content must not contain material that is unlawful or in violation of or contrary to the laws or regulations in any jurisdiction where the Content is created or submitted.
You understand and agree that IMS nor the IMS Entities are under any obligation to use your submission in any way. IMS and the IMS entities reserves the right in its sole discretion to use, or not use, any submission, for any reason or no reason..
3. Participant grants permission to IMS and the IMS Entities, and each of their designees, agents and licensees, with no obligation to compensate or provide royalty to Participant, the right to utilize Participant’s name, statements, image, likeness in any live or recorded audio, video, film or photographic display or other transmission, exhibition, publication or reproduction (or any derivative works thereof) made of, prior to, during, or after the Event in any medium whether now known or hereafter created, or context (collectively, the “Materials), in perpetuity.
4. Participant hereby voluntarily agrees to RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE IMS, the IMS Entities, INDYCAR, LLC, IMS Productions, Inc., Hulman Motorsports Properties, LLC, Penske Entertainment Corp., PMCH Corp. (f/k/a Hulman Motorsports Corporation), Indianapolis Motor Speedway Foundation, Inc., any sponsor of the Promotion and each of any of their respective affiliates, administrators, designees, licenses, agents, officers, directors and employees (collectively, the “Released Parties”) harmless from and against any and all claims or liabilities of any kind arising out of or in connection with any information, photographs, video or images provided by Participant as part of the Promotion to any of the Released Entities.
5. This ACKNOWLEDGEMENT AND AUTHORIZATION is governed by the laws of the State of Indiana and Participant (or guardian if Participant is under 18) expressly submits to the exclusive jurisdiction of all federal and state courts located in the State of Indiana.
6. PARTICIPANT (or guardian if Participant is under 18) HAS READ AND, BY CHECKING THE BOX PROVIDED, VOLUNTARILY AGREES TO THIS ACKNOWLEDGEMENT AND AUTHORIZATION, understands its terms, including that Participant is hereby giving up substantial legal rights, and further agrees that no oral representations, statements or inducement contrary to anything contained herein have been made IMS or any of its employees or agents or any of the other IMS Entities.