AFFIDAVIT OF ELIGIBILITY; LIABILITY AND PUBLICITY RELEASE
I (the “Releasor”) am submitting this Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) to Deestination Cleveland, its prize providers and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “released parties”), with the understanding that the released parties will rely upon this Affidavit to award me the Prize (defined below) in the “On the Clock in CLE” Round 2: CEDAR POINT LIFETIME PASS SWEEPSTAKES (the “Sweepstakes”). The Prize consists of one (1) LIFETIME PASS to Cedar Point granting one (1) person, plus three (3) guests, free admission and parking to Cedar Point and Cedar Point Shores for the rest of their lives.
In consideration for the Prize and any related award, and intending to be legally bound herein, I represent and agree as follows:
I have read, complied with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Official Rules of the Sweepstakes. I am eligible to claim the Prize in accordance with the Official Rules. All of the information I have and will provide to Destination Cleveland is true, accurate, and complete. I have not perpetrated any fraud or deception, nor have I influenced the outcome of the Sweepstakes with the exception of my lawful participation in the Sweepstakes. I am not an employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies. I am not an immediate family member (spouse, mother, father, sister, brother, daughter, or son) or member of the same household (whether related or not) of any employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies. I have not participated in the Sweepstakes on behalf of any employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies;
- I understand that Destination Cleveland may be required to advise the Internal Revenue Service of the value of the Prize awarded to me in the form of a Form 1099, and, I will provide all information necessary to complete any form required by the IRS and/or Destination Cleveland;
- I hereby represent that I will not use the Prize or any materials associated with the Prize to disparage Destination Cleveland, its prize providers or their parent and affiliate companies, their employees or agents, or otherwise take action that may reflect negatively on Destination Cleveland, its prize providers or their parent and affiliate companies;
- I state that all information I have submitted is true and accurate. I agree to return to Destination Cleveland immediately upon demand any Prize or the value of said Prize awarded to me if any statement made by me in this affidavit is false or should be shown to be false;
- I grant the Released Parties (defined below) the absolute right and permission to make, reproduce, broadcast, or otherwise use my name and likeness, any photographs, films, videos, recordings, or other depictions or images of me and/or other information or materials provided by me in connection with this Prize or Sweepstakes throughout the universe and in any and all advertising and promotion materials, in any manner or media whatsoever for purposes of art, advertising, editorial, trade, commercial or promotion or any other purpose whatsoever, without further compensation;
- I, on behalf of myself, my heirs, assigns and successors, and any other person(s) who may take by or through me, hereby unconditionally and forever RELEASE, WAIVE ANY CLAIM, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY Destination Cleveland, its prize providers and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, “Released Parties”), from and against any liability for any and all claims, demands, losses and liabilities of any nature whatsoever which I may now or hereafter be entitled to assert, including, but not limited to: death, injury, loss of enjoyment, property damage, or other harm or loss of any nature, libel, copyright, invasion of privacy or rights of publicity, and other claims based on publicity rights; privacy rights; personality rights; “moral rights”; and defamation, and any and all taxes levied, assessed or collected in connection with the Sweepstakes, the prize, or my possession, acceptance, use, or misuse thereof, or my other acts or omissions in connection therewith; and
- I understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and agree that if any portion of the agreement is held invalid, the remainder will continue in full legal force and effect. I further agree that ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY ARBITRATION SHALL TAKE PLACE IN THE CITY OF CLEVELAND, OH.
I HAVE CAREFULLY READ THIS AFFIDAVIT AND AM SIGNING IT VOLUNTARILY. IN SIGNING THIS AFFIDAVIT, I UNDERSTAND THAT I AM GIVING UP MANY LEGAL RIGHTS THAT MAY OTHERWISE BE AVAILABLE TO ME. THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ME AND THE RELEASED PARTIES REGARDING ITS TERMS.