Gradient Gives Back Foundation

Application Terms and Conditions

By submitting an application to be considered to participate in the applicable Gradient Gives Back Foundation program (the "Program"), I represent and warrant that the answers provided by me to the submitted application are true, complete and correct, that I have completed the application honestly and accurately, and I understand, acknowledge and agree that if any of the information in the application is found to be false or incomplete, this will be grounds for dismissal of myself and any other persons applying to participate with me (including minor children) from the participant selection process and/or from the Program. If I am a head of my household and authorized to grant permission to enter upon the premises of my home, I further agree to sign any necessary authorizations permitting the listed entities to videotape/photograph at my home in the event they elect to do so in connection with my application and the participant selection process.

In addition, on behalf of myself, my family, and on behalf of my minor children, if any, agree as follows:

I acknowledge that Gradient Gives Back Foundation, a Minnesota non-profit corporation ("GGB"), may or may not select me for further consideration to be part of the Program in their sole and absolute discretion. GGB may use the information in the application for any purpose in their sole discretion, including making such information public as part of the Program or otherwise.

By signing below, in connection with my application to participate in the Program, I hereby acknowledge, represent and warrant that: (i) GGB has no obligation to interview me, and/or select me as a participant, and may choose participants in its sole and absolute discretion; (ii) I am not an employee, officer, or director of GGB or any of their respective affiliates, subsidiaries, consultants, contractors, advertising, public relations, promotion, fulfillment, and marketing agencies; (iii) I agree to keep strictly confidential all information about the Program that I acquire during the participant selection process and/or my participation in the Program; (iv) my name, voice, actions, and likeness may be recorded on audiotape, videotape, or otherwise as a part of the application and participant selection process, and I understand that regardless of whether I am actually selected to participate in the Program, GGB and its successors, assigns, and licensees may, but are in no way obligated to, actually use such media and / or recordings and the contents of the application within or in connection with the Program, including, without limitation, in advertisements, promotions, publicity, marketing, merchandising, or in any other manner, in any and all media now known or hereafter devised, worldwide in perpetuity, and I hereby authorize them to do so; (v) even if I am selected as a participant, GGB has no obligation to broadcast or exploit the Program; (vi) all decisions by GGB concerning selection of participants and all other matters relating to the Program are final and not subject to challenge or appeal; and (vii) GGB does not have an obligation to return any materials submitted by me (including without limitation the application and any documents, photographs, and videotapes submitted by me) as part of the participant selection process whether or not I am selected as a participant, and GGB may, but is in no way obligated to, use any such materials in connection with the Program, including, without limitation, in advertisements, promotions, publicity, marketing, merchandising, or in any other manner.

I hereby consent to the recording, use and reuse by GGB, any of its respective licensees, and each of their respective employees, contractors, agents, officers, and directors (collectively, the "Releasees") of my voice, actions, likeness, name, appearance, biographical material, any information contained in or derived from my application(s) to be a participant in the Program, including without limitation, any photos or videotapes submitted by me, editorial comments made by me or about me, and any audio, video, or other recordings or still pictures of me taken during the participant selection process or contained in any materials or documents submitted by me in connection with my application (collectively, my "Likeness") as such may be edited, altered, or modified by any of the Releasees in their sole discretion, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program, including, without limitation, in advertisements, promotions, publicity, marketing, merchandising, or in any other manner. I agree that the Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that Releases exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any recordings made by any of the Releasees as well as any video I have provided in connection with my application and any other materials that I have provided or my provide in connection with the Program (collectively, the "Materials") including, without limitation, the right to edit, alter, or modify the Materials and to use all or part of the Materials and my Likeness in any manner and in any and all media now known or hereafter devised worldwide, in perpetuity. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release, hold harmless, and indemnify the Releasees from any and all liability arising out of their recording or use of my Likeness and/or the Materials. I agree not to make any claim against the Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity).

I hereby release, hold harmless, and indemnify the Releasees, as well as any television station or channel, cable network, or satellite network that highlights or exhibits the Program, the other participants in the Program, the advertisers connected with the Program, each of their respective parent, subsidiary, and affiliated companies, all other persons and entities connected with or engaged in connection with the Program, and each of their respective officers, directors, agents, representatives, employees, contractors, successors, assignees, and licensees (herein the "Released Parties") from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys" fees) arising out of or resulting from or in connection with my application for or participation in the Program, including, without limitation, my participation in the participant selection process of the Program, any exploitation of the Program or my appearance on the Program, the failure of GGB to select me as a participant, the cancellation or modification of the Program, any use of my Likeness or the Material, the entry onto my residential property or into my home by GGB, or the use by GGB of my residential property and home, in connection with the Program, and of any rights granted by me hereunder, on any legal theory whatsoever (including, but not limited to, personal injury, property damage, rights of privacy and publicity, false light, or defamation) (collectively the "Released Claims"). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind resulting from the actions of another participant or any other third party at any time.

I understand that the above release is a material requirement for me to proceed with my application and the Program, and that GGB and the other Released Parties may rely on this release in proceeding with the Program. I further understand and agree that all rights under any applicable law of any State or territory of the United States regarding the Released Claims are hereby expressly waived by me.

I understand that neither I nor anyone else will be paid for my granting the above rights, or for agreeing to these terms and conditions. My participation in the Program, and in the Program itself, does not constitute a performance and will not entitle me to wages, salary, or other compensation. I agree and acknowledge that no one (including GGB) has asked me for any money or other consideration to be considered for participation in the Program.

I authorize GGB to investigate, access, and collect information about me, about any of the statements made by me in my application, any supporting documents or any other document that I have signed or do sign in connection with my application to be selected as a participant in the Program, or about any other written or oral statement I make in connection therewith, and hereby waive all rights of privacy or confidentiality that I might otherwise have in such information. I acknowledge and agree that any such information obtained by GGB pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program, and may be described or otherwise related in and in connection with the Program, including, without limitation, in advertisements, promotions, publicity, marketing, and merchandising, and in any other manner.

I have read and fully understand the terms outlined in this release form, and I agree to abide by and be bound by them and by any eligibility requirements determined by GGB in its sole discretion.

By submitting an application, I acknowledge and certify that all of the information provided in relation to my application is true. I understand that any false statement or material omission by me may lead to my disqualification from participation in the program and/or the participant selection process for the program.