Sports Illustrated Swim Search 2025 Entrant Release

SI Staff | 5 Hours Ago

SI Swimsuit

This entrant release, effective as of December 13, 2024, shall confirm the agreement (the “Agreement”) between me and Sportority Inc. (“Sponsor”) in connection with my participation in the 2025 Sports Illustrated Swim Search Contest (the “Contest”).  

I represent that I have read, understand and have fully complied with the Official Rules of the Contest (“Official Rules”), which are incorporated herein by reference, and that I have committed no fraud or deception in entering the Contest. I AGREE TO HOLD IN CONFIDENCE ALL INFORMATION LEARNED ABOUT THE CONTEST AND SPONSOR (AND ITS SPONSOR ENTITIES, CONTENT, SERVICES, OPERATIONS AND PERSONNEL), AND I WILL NOT DISCUSS OR OTHERWISE DISCLOSE ANY SUCH INFORMATION TO ANY THIRD PARTIES WITHOUT SPONSOR’S PRIOR WRITTEN CONSENT.

I represent and warrant that the Entry, the Application Materials and the Social Posts (all the foregoing as defined in the Official Rules) I submitted in connection with the Contest (collectively, the “Entry”) are my own original work product, have not been previously published, have not won previous awards, and do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by me, and/or which are subject to the rights of third parties, I represent and warrant that I have obtained all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in the Official Rules and this Agreement. I understand that Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor at any time and that failure to provide such proof may, if requested, render my eligibility in the Contest to be null and void.  

I grant Sponsor and it’s parents, affiliates, licensors, licensees, subsidiaries, advertising and promotion agencies, and each of their officers, directors, shareholders, employees, agents and representatives (collectively, the “Sponsor Entities”) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully paid-up license to the Entry (including all rights embodied therein) and that Sponsor and the Sponsor Entities may print, publish, reproduce, distribute, publicly display, exhibit, exploit, broadcast, edit, modify, create derivative works from and otherwise use the Entry and all elements of such Entry (including, without limitation, the Application Materials, the Social Posts and my Likeness (as defined below)) embodied therein, in whole or in part or together with other materials, including, without limitation the Recordings (as defined below), in any and all media now known or hereafter devised, and in all languages, for any purpose as determined by Sponsor or the Sponsor Entities in its/their sole discretion, including, without limitation, for any public relations, commercial or editorial purposes and in connection with the advertising, promotion and marketing of the Contest, Sponsor, or Sponsor Entities without compensation or notification to, or permission from, me or any third party (collectively, the “License”). 

I hereby agree that Sponsor and Sponsor Entities may (and may authorize or permit others to) photograph, film, tape and/or record me (including without limitation, my name, voice, likeness, any biographical or personally identifying information which Sponsor and the Sponsor Entities may gather, voice conversations and/or any sounds I make) (collectively, the “Likeness”) in connection with the Contest. Sponsor shall be the sole and exclusive owner of the results and proceeds of such filming, taping, photography and recording (including without limitation, my name, voice and Likeness in such) (the “Recordings”). In consideration of my appearance in and in connection with the Contest, and without any further consideration from Sponsor or the Sponsor Entities, Sponsor will own all copyrights and other intellectual property rights in all content created by Sponsor or the Sponsor Entities featuring my Likeness, including the Recordings and/or my Entry, in whole or in part.  

My Likeness and participation in the Contest and all the results and proceeds of my participation hereunder (collectively, the “Proceeds”) will be deemed “work-made-for-hire” for Sponsor within the meaning of copyright laws of the United States and Sponsor will be the sole and exclusive owner thereof. If and to the extent necessary, I irrevocably assign to Sponsor, in perpetuity and throughout the universe, all of my rights of every kind and nature in and to the Likeness, Recordings, and the Proceeds (the “Rights”) and waive any and all so-called moral rights of authors. The License and Rights granted herein include without limitation the right for Sponsor and the Sponsor Entities to edit, delete, and/or dub my Likeness for technical, formatting and other purposes consistent with industry standard. I represent and warrant that (i) I have the full right and authority to grant the License and Rights and to enter into this Agreement and no third party consents are necessary to grant the License and Rights and/or any rights hereunder; (ii) I am not subject to any obligation which will or might conflict with the full completion and performance of my obligations hereunder; and (iii) I am twenty-one (21) years of age or older. I hereby waive any moral rights, right of inspection, and approval of my Likeness or the uses to which such Likeness may be put. I understand that nothing contained herein will require Sponsor or the Sponsor Entities to use my Entry, Likeness, Recording or the License or Rights in connection with the Contest or otherwise.

On behalf of myself, my family, heirs, successors, assigns and anyone claiming any interest through me, or on my behalf, I knowingly, intentionally and voluntarily, unconditionally and absolutely from now until the end of time, waive, release, discharge and agree to hold harmless Sponsor and the Sponsor Entities from any and all claims, demands, damages, rights of action or causes of action, including without limitation, reasonable attorneys’ fees and expenses (collectively “Claims”) whatsoever, present or future, whether the same be known or unknown, anticipated or unanticipated, that may result from or arise out of (i) my participation in the Contest, or (ii) the use of my Entry, Likeness, Recordings or the License and Rights as authorized herein, in each case including, without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright. I agree to indemnify the Sponsor and Sponsor Entities from and against all Claims resulting from any breach or alleged breach by me of my representations, warranties, covenants or agreements hereunder. In the event of a claim or controversy arising out of, from or in connection with this Agreement, the Contest or my involvement therein, I agree that my rights and remedies will be limited as set forth in the Official Rules and in no event will I be entitled to rescind or terminate the License and Rights granted herein to Sponsor and the Sponsor Entitles, or to seek to enjoin or restrain the production, advertising, promotion or running of the Contest. 

I acknowledge and agree that: (i) I am an independent contractor, not an employee of Sponsor or the Sponsor Entities, and I will not be eligible for nor receive any employee benefits and (ii) my appearance in the Contest shall not be subject to any union, guild or collective bargaining agreement. I understand that I have no right receive any payments for or additional consideration or accounting in connection with Sponsor’s or the Sponsor Entities use of the Entry, Likeness, Recordings or the License and Rights. I acknowledge that no additional payments, royalties or consents of any party are required in connection with Sponsor’s or the Sponsor Entities use of my Entry, Likeness, Recordings or the License and Rights. The Entry and Recordings and the License and Rights shall be freely assignable by Sponsor. I acknowledge and agree that Sponsor or Sponsor Entities may share and use the personal information I provide in my Entry and through my participation in the Contest as set forth in the Official Rules. I acknowledge and agree that any personal information I provide in my Entry and through my participation in the Contest may also be used by Authentic Brands Group, LLC and its licensees and their parents, subsidiaries, licensees, affiliated companies, agents, retailers, distributors, representatives, partners and subcontractors for marketing and commercial purposes. 

This Agreement shall be governed by, and construed in accordance with, the internal law of the State of New York, applicable to contracts entered into and to be fully performed therein, without giving effect to New York’s principles of conflicts of law. I EXPRESSLY AGREE THAT ALL DISPUTES BETWEEN SPONSOR AND I WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE OFFICIAL RULES, AND I HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This Agreement supersedes all prior agreements, oral and written, between Sponsor and me with respect to the subject matter hereof, and may only be modified by a writing signed by Sponsor and me. In the event that any part of this Agreement is deemed invalid, illegal, or unenforceable, all other terms, conditions, and provisions of this Agreement shall nevertheless remain in full force and effect.