Feature Description: How to Cake It x American Attendee Release
Feature: Virtual Bday Party Livestream
AGREEMENT, RIGHTS, AND RELEASE – FOR ATTENDEES
How to Cake It Inc. (“How To Cake It”) and its affiliates and promotional partners, including American Girl Brands LLC (“American Girl”) create, market, promote, and sell various products, services and digital experiences, such as livestreams. In connection with these efforts, How To Cake It desires to include you and your child in and in connection with the Feature defined above.
You, the parent/legal guardian of the child listed below, desire for the child to voluntarily participate in the Feature. By signing up to participate in the Feature, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, you acknowledge, represent, warrant and agree to the following:
You acknowledge that, unless you are selected as a Contest Winner, your participation will be as an observer of the Feature, and you and your child will not be shown on camera or have microphone access to actively participate in the Feature. If you and your child are selected as a Contest Winner, you and your child will be shown on camera and have microphone access, and the name of your child, and your child's age, voice, and image may be shared with other participants, including observers via Zoom during the Feature. If you are a Contest Winner, your name and state as the parent/legal guardian will also be included on the Winners list available on HTCI’s its official website [www.howtocakeit.com] following notification to the winners. You are responsible for managing the display name that may be shown to other participants based on your Zoom settings. You will not have access to Zoom recording features and you agree not take any steps to record the Feature or any information regarding other participants in the Feature. Zoom comment features will be limited to comments for HTCI and its employees and contractors.
You acknowledge that How to Cake It will not be recording any attendees during the Feature or collecting any audio, video or images of attendees via the Zoom Platform. Only How To Cake It employees and contractor will be recorded during the Feature. You understand that certain information may be accessible to How to Cake from Your use of Zoom, such as your account contact information, device information and usage data.
You hereby acknowledge that How to Cake It has used its best efforts to implement appropriate security measures to ensure the safety and security of the Feature, including without limitation, pre-screening all attendees and featured guests in the Feature, obtaining signed releases from all participants and attendees, password protect the Feature, monitor the Feature in real-time, and operating/monitoring/censoring the camera, audio and chat settings of the Feature.
To the extent you post public photos, images, videos or other material to social media referencing the Feature and/or How to Cake It, you hereby grant How to Cake It and its affiliates and American Girl, the right to repost such materials in connection with the promotion and marketing of the Feature.
You hereby agree to release, indemnify and hold harmless How To Cake It, its affiliates, promotional partners (Including American Girl), assigns, officers, directors, licensees, licensors, contractors, agents and employees, and those acting under How To Cake It’s authority, against loss from any claim, action or demands or liabilities that may be brought at any time by you or by anyone acting on your behalf for the purpose of enforcing a claim for damages on account of the Feature, and from all claims and liabilities of any kind, including but not limited to claims based on invasion of privacy or other privacy rights, defamation, or rights of publicity, copyright, or arising out of or in connection with the Feature.
How to Cake It may assign this Agreement and sublicense all or any portion of the rights and releases granted in this Agreement to any party without restriction.
By agreeing to this release, you certify and represent that you are authorized to enter into this Agreement on behalf of the child and that you have read the foregoing and fully understand the meaning and effect thereof. Also, by agreeing to this release, you intend to be legally bound by it. This Agreement shall be interpreted under the internal, substantive laws of the State of California without regard to any conflicts of law provisions.
I hereby warrant that I am the parent and/or legal custodian of the child, and that, knowing of your reliance hereon, I understand and acknowledge the terms and conditions of the this Agreement, and I hereby expressly agree and consent to this Agreement on behalf of myself and my child and will not revoke my consent at any time.