AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY,
AND PUBLICITY RELEASE
- I execute this Affidavit of Eligibility/Release and of Liability/Publicity Release of El Patio Designs, LLC (“Sponsor”) on my behalf to establish that I am eligible to participate in the receipt of the prize (“Prize”) in the Promotion described in the Official Rules (the “Promotion”), and to release its respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, assigns, prize suppliers, independent contractors, legal advisors, and advertising and promotion agencies (“Promotion Entities”), and any entity or person connected with this Promotion from any and all liability.
- I am a legal resident of the United States (or the District of Columbia).
- I am 18 years of age or older as of today, or I am between the ages of 16–18 years of age and have the right to contract or have the permission of a parent, legal guardian or legal custodian to participate in the receipt of a prize.
- I have a valid Social Security Number.
- I understand that all expenses associated with the Prize including but not limited to federal, state and local sales or other taxes are my responsibility, unless otherwise set forth in the Official Rules. I understand that I must complete this Affidavit of Eligibility/Release of Liability/Publicity Release in order for me to accept the Prize. I agree to execute any additional documents required by suppliers or governmental authorities in connection with the Prize.
- I, as Winner, understand that my refusal to accept or failure to timely select the Prize will fully release Promotion Entities from any and all further obligations to me in connection with the Prize or Promotion.
- I agree to return, upon Sponsor’s request, my pro-rata share of the Prize awarded, or, after use, to reimburse the fair market value thereof, if any statement made in this Affidavit of Eligibility/Release of Liability/Publicity Release is false, fraudulent, or deceptive.
- I understand that Promotion Entities will not be responsible for any costs which I may incur in connection with this Promotion or the Prize, or portion thereof that I may be awarded or in which I may participate.
- Unless otherwise prohibited by law or regulation, I agree to allow Promotion Entities to use my name and any images I may choose to submit for and in connection with this Promotion and for advertising, promotion, publicity unless and until I instruct otherwise. I also release Promotion Entities from all claims, liabilities and obligations whatsoever in connection with their use of my name and image(s) and agree and acknowledge that the Prize constitutes valuable, sufficient and complete consideration for the rights granted therein to Sponsor and Promotion Entities and that there shall be no payment of any monetary compensation.
- I represent that I am not bound by any contract or agreement with any person or entity that prohibits me from granting use of my likeness that could be used in the manner described above. I represent that no other consents, authorizations or payments are necessary to permit the full use by Promotion Entities of the rights granted herein; I represent that the use or any part thereof, will not violate or infringe upon the trademark, trade name, service mark, copyright, patent, artistic, personal, private, civil or property right, right of privacy, right of publicity and that any other right of any person or entity will not constitute a libel or slander of any person, and that I will indemnify Promotion Entities from and against, and save and hold each of the foregoing harmless from all claims, all alleged claims, actions, alleged actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorney’s fees and costs, resulting from any breach or alleged breach of the foregoing representations and warranties.
- In consideration of my acceptance of the Prize awarded, I do for myself, my next of kin, my heirs, my assigns, executors and administrators, and agents hereby fully release and forever discharge the Promotion Entities from any and all liabilities for any actions, cause of actions, claims, damages, debts, duties, expenses, injuries, liabilities, liens, losses, promises, quality, use or misuse of any kind or nature whatsoever, whether foreseen or unforeseen, now known or unknown, suspected or unsuspected, in any way caused, connected, contributed directly or indirectly with any prize, or any portion and/or parts thereof, as a result of my acceptance, participation in and possession of the Prize, including but not limited to, death, loss of enjoyment, personal injury, or other harm or loss of any nature whatsoever, except such action, claims, and/or damages caused only and directly by the gross negligence of Promotion Entities.
- If the presentation, award of or the actual fulfillment of the Prize awarded to me, as stated in the Official Rules, is hampered, interrupted or prevented due to an event of force majeure, or otherwise rendered impossible of performance, the fulfillment of the Prize shall be automatically suspended immediately upon, and for the duration of, such event and Sponsor have the right to continue to suspend or terminate the fulfillment of the Prize by notifying me to this effect. In the event the fulfillment of the Prize is so terminated, Sponsor and Promotion Entities shall be relieved of their executory obligations with regard to the award of the Prize or any portion thereof. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; war, riot or civil commotion; terrorism; fire; casualties; utility failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authorities; or any other similar or dissimilar act beyond Sponsor’s and Promotion Entities’ reasonable control.
- I acknowledge that Sponsor has made no express or implied representations or warranties with respect to the Prize. Any liability (including but not limited to any liability for death, personal injury or property damage) which may arise out of my acceptance or use of any component of the Prize as Winner lies solely with the providers of any services or the manufacturer of goods comprising the Prize. I further understand and agree that all rights under Section 1542 of the Civil Code of California, or any similar law of any state or jurisdiction that may be applicable, are hereby expressly waived. Said Section 1542 reads as follows: “1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- I understand that if I fail to return this Affidavit of Eligibility/ Release of Liability/Publicity Release, completed and signed to Sponsor within twenty-eight (28) calendar days of my receipt of this Affidavit of Eligibility/ Release of Liability/Publicity Release, I will irrevocably forfeit my eligibility as Winner of the Prize without further compensation from any Promotion Entity.
- I represent and warrant that I have read and understand fully the Official Rules and this Affidavit of Eligibility/Release of Liability/Publicity Release and am familiar with their contents and meaning. I further represent and warrant that I am 18 years or older and competent to sign this release. I further warrant and represent that I have requisite capacity to, and am legally competent to, execute this Affidavit of Eligibility /Release of Liability/Publicity Release. Before executing this Affidavit of Eligibility/ Release of Liability/Publicity Release, I acknowledge that I have read and understood the same, and that I have had an opportunity to consult with legal counsel and will sign below with full knowledge of its content and meaning.
- It is understood and agreed that this Affidavit of Eligibility/Release of Liability/Publicity Release will remain in effect for perpetuity and that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the aforementioned parties to be released, and that no action will be taken by or on behalf of the undersigned with respect to any such rights. It also is understood that this release shall be binding upon the heirs, assigns, legal representatives, executors, and administrators of the undersigned.