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RELEASE AND LICENSE

By submitting audiovisual footage and have it considered for use by NESN in connection with this project, the Entrant agrees to be bound as follows:

Personal information. Entrants will be required to provide first and last name, email address and telephone number. The information provided will be used only for administrative purposes and will not be used for any other purpose or shared with any party not affiliated with NESN or MLBP or their affiliates and designees. Prohibited content. Entrant may not submit any content that:

1. is sexually explicit or suggestive; is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane or pornographic; or contains nudity;
2. promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
3. is obscene or offensive; endorses any form of hate or hate group;
4. defames, misrepresents or contains disparaging remarks about other people or companies;
5. contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
6. contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
7. contains materials embodying the names, likenesses, voices, or other indicia identifying any person without permission;
8. communicates messages or images inconsistent with the nature of this initiative;
9. contains any background music to which Entrant does not hold sole rights;
10. violates any law.

Copyright. Entry must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. The entrant is responsible for obtaining, prior to submission of the Entry, any and all rights, permissions, releases and consents necessary to permit the use and exhibition of the Entry by NESN, Major League Baseball Properties (MLBP), and their affiliates and designees in the manner set forth in this Release and License, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. NESN reserves the right to request proof of these permissions in a form acceptable to NESN from any entrant at any time. By submitting an Entry, each entrant warrants and represents that (i) he/she owns all copyrights in the Entry or have all necessary authorizations from all copyright owners, and (ii) any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the project and to its use as otherwise set forth herein.

License. Except where prohibited by law, by submitting an Entry, entrant grants NESN, Major League Baseball Properties, and each of their respective affiliates and designees the royalty-free, unlimited, perpetual, irrevocable, non-exclusive right and license in perpetuity to reproduce, publish, distribute, display, use, edit, adjust, modify, duplicate, abridge, condense, create derivative works from, combine with other works, and excerpt such Entry in whole or in part in any way, in any and all media, and to sublicense such rights, without limitation and without compensation to entrant or his/her heirs and successors. Entrant agrees that the Released Entities are not responsible for any unauthorized use of Entries by third parties. NSEN and MLBP do not guarantee the use or broadcast of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of NESN in each instance. Further, by submitting footage, the entrant agrees and acknowledges that they may be contacted by the NESN for administrative purposes.

Release. By participating, each entrant agrees: (i) to abide by this Release and License and the decisions of NESN and MLBP, which shall be final and binding in all respects relating to this project; (ii) to release, discharge and hold harmless NESN, MLBP, and their respective parents, affiliates, subsidiaries, officers, employees, agents, and advertising and promotion agencies (the “Released Entities”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the project or any project-related activity; (iii) to indemnify and hold Released Entities harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of entrant’s Entry, the uploading, posting, displaying or exhibiting of the Entry, or entrant’s conduct in creating the Entry or other actions in connection with this project including but not limited to claims for trademark infringement, copyright infringement, violation of an individual's right of publicity or right of privacy or defamation; and (iv) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by project and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

Released Entities are not responsible for lost, late, incomplete, damaged, inaccurate, inaudible, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the project, including, without limitation, errors or difficulties which may occur in connection with the administration of the project, Released Entities are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the project. Released Entities are not responsible for injury or damage to any person's computer related to or resulting from participating in this project or downloading materials from or use of a website. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROJECT OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE PROJECT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NESN AND/OR MLBP RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Miscellaneous. By participating, each entrant further agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this project shall be resolved individually, without resort to any form of class action, and exclusively by the State of Massachusetts; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this project, but in no event attorneys' fees and (iii) under no circumstances will entrants be permitted to obtain awards for and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of this Release and License or the rights and obligations of the entrant and Released Entities in connection with the project, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.

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