AFFIDAVIT OF ELIGIBILITY; LIABILITY AND PUBLICITY RELEASE
I (the “Releasor”) am submitting this Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) to Cleveland Browns Football Company LLC, Cleveland Browns Stadium Company LLC, and/or the Cleveland Browns Foundation (“Browns”), with the understanding that the Browns and/or Partner will rely upon this Affidavit to award me the Prize (defined below) in the Monday Night Football Giveaway (the “Sweepstakes”). The Prize consists of: (i) one Jarvis Landry autographed football, (ii) one Baker Mayfield holiday ornament, (iii) one Cleveland Browns puzzle (total ARV = $150).
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 the Browns 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 the Browns or Partner. 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 the Browns or Partner. I have not participated in the Sweepstakes on behalf of any employee or agent of the Browns or Partner;
- I understand that the Browns or Partner 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 Browns and/or Partner;
- I hereby represent that I will not use the Prize or any materials associated with the Prize to disparage the Browns or Partner or its employees or agents or otherwise take action that may reflect negatively on the Browns or Partner;
- I state that all information I have submitted is true and accurate. I agree to return to the Browns and/or Partner 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 the Browns, Partner, the City of Cleveland, the National Football League (“NFL”) and its member clubs and each of their respective parent companies, subsidiaries, affiliates, and advertising and promotional agencies, and each of their respective officers, directors, employees, agents, shareholders, and advisors (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 BEREA, 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.