Mother's Day Terms

 

Pura Scents, Inc. – Mother’s Day 2024 Campaign Terms and Conditions

By submitting a photograph, drawing, illustration, or other work (“Image”) to Pura Scents, Inc. (“Pura”) in response to Pura’s solicitation for images to use in its Mother’s Day 2024 advertising campaign (“Campaign”), and in consideration of the mutual covenants, terms, and conditions set forth herein, the parties agree to the following terms and conditions.

You hereby grant to Pura and its affiliates, and each of their respective successors and assigns (each, a "Licensee") the nonexclusive, perpetual, irrevocable, fully paid-up, and royalty-free right and license to use the Image in any and all formats and media, whether now or hereafter known or devised, by any and all technologies and means of delivery, whether now or hereafter known or devised, for any and all purposes whatsoever including, but not limited to, publication, commerce, and trade and in connection with or as part of Licensee's trade name or any goods, services, package, container, label, trademark, logo, trade dress, or advertising, promotional, marketing, or sales materials. Licensee shall have the rights (a) not to use or exploit the Image and (b) to exercise its rights under this license though any of its employees, agents, and independent contractors. For purposes of clarity and without limiting the foregoing, you acknowledge and agree that the rights and license granted to Licensee hereunder include Licensee's rights: (a) to modify, edit, combine with other materials (including, but not limited to, in combination or conjunction with Licensor's name or any other name, or no name), translate, include in collective works, and create derivative works of the Image in whole or in part (collectively, "Adapt," "Adapted," and "Adaptation" have correlative meanings); and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise) and transmit the Image, in whole or in part, as provided by Licensor or as Adapted for such purposes and uses.

You further grant to Licensee the perpetual and worldwide right to use your name, image, likeness, and biographical and professional information (including information you provide to Pura and any other information about you that is publicly available) in any and all media in connection with the Image and any Adaptations without further consent from, or any payment or other compensation to you. You further release Pura, along with its agents, employees, licensees, and assigns, from any and all claims, including those for invasion of privacy or defamation, arising from the production, distribution, broadcast, or exhibition of the Image.

By submitting an Image in connection with the Campaign, you hereby represent and warrant that:

• the Image is your sole and original creation or you have obtained all permissions, including the permission to use the name, image, likeness, and biographical and professional information of any other persons appearing in the Image, as are necessary for you to grant the license and rights hereunder;
• the image does not, and use thereof as permitted hereunder will not, violate any law or regulation or infringe or otherwise violate any right of any third party, including, but not limited to, any copyright, trademark, patent, trade secret or other intellectual property right, any right against defamation, or any right of publicity or privacy.

You shall indemnify, defend, and hold harmless Licensee and Licensee's respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, arising out of or in connection with any third-party claim, suit, action, or proceeding relating to any actual or alleged breach by you of your representations, warranties, covenants, or other obligations hereunder.