Informed Consent, Release and Waiver of Claims

By participating in any of the Harmony Helper Contests (the “Contests”) hosted by Harmony Helper, LLC (“HH”) at the ACDA Conference 2019 from February 27, 2019 through March 2, 2019, each entrant, or his or her parent/legal guardian if he or she is below the age of 18, certifies that he or she (or his or her parent/legal guardian, as applicable) has read, understood, and agrees to all the terms and conditions set forth in this Informed Consent, Release and Waiver.

I HEREBY ASSUME ALL RISKS OF PARTICIPATING IN THE CONTEST. Without limiting the generality of the foregoing:

I, the participant, will be participating in one or more the following Contest(s).

1. Survey Contest
2. Harmony Helper Session Contest
3. Download Harmony Helper App Contest

I understand that the Survey Contest requires me to complete a survey at the Harmony Helper booth. I understand that I will be entered into a random drawing for a chance to win a $100 Visa gift card upon completion of the survey. I understand that the Contest will run from February 27, 2019 until March 2, 2019. I further understand that HH will, in their sole discretion, select one random winner for the Contest, who will be contacted via email during the week following the ACDA conference (the week of March 4, 2019).

I understand that the Harmony Helper Session Contest requires me to attend Andrew Goren’s session on Thursday, February 28, 2019 between 12:00 – 12:50pm CST. I understand that I am required to create a post of something that I learned from the session and post it for entry on social media via either Facebook, Instagram or Twitter, tagging HH by using @HarmonyHelperApp on Facebook, @HarmonyHelper on Instagram, or @Harmony_Helper on Twitter and the hashtag #ASingersBestFriend, by no later than 9:00pm CST on Saturday, March 2, 2019. I further understand that HH will, in their sole discretion, select one random winner for the Contest to win an iPhone XS, who will be contacted and announced via HH’s social media channels during the week following the ACDA conference (the week of March 4, 2019).

I understand that the Download Harmony Helper App Contest requires me to download the HH app on my mobile device and show the app to one of HH’s booth attendants. I understand that the HH booth attendant will collect my relevant contact information (name, email address) and I will be entered into a random drawing for a chance to win an Apple watch. I understand that the Contest will run from February 27, 2019 until March 2, 2019. I further understand that HH will, in their sole discretion, select one random winner for the Contest, who will be contacted via email during the week following the ACDA conference (the week of March 4, 2019).

I hereby (i) consent to be photographed, filmed, videotaped, have my voice recorded, and have my personal likeness recorded through other means (collectively, “Personal Material”, and together with the Recording, the “Personal Images”) by HH and its affiliates and companies with which it collaborates (collectively, the “HH Parties”), (ii) authorize the HH Parties to use, release, publish, copy, exhibit, post on the Internet (or any other medium now existing or hereafter developed), any of my Personal Images or other materials provided by me, and (iii) acknowledge and agree by participating in the Contest, to the following:

I hereby give permission to the HH Parties to use my Personal Images in whatever medium deemed appropriate by the HH Parties for any of the following purposes: (a) public relations; (b) training and education; (c) advertising; and/or (d) sales and marketing activities.

I waive the right to inspect or approve the finished product wherein my likeness appears.

I consent to the digital manipulation of my Personal Images, including without restriction, changes or alterations as to color, size, shape, perspective, context, foreground, background, sound and/or order of appearance of images or recordings.

I understand that certain forms of my Personal Images may include my name and other personal information and that the inclusion of my Personal Images in whatever medium deemed appropriate by the HH Parties may reveal information about me.

I waive all rights I may have to claims for payment or royalties in connection with any exhibition, televising, Internet posting, or other publication of my of Personal Images, irrespective of whether a fee for its use is charged by any third party.

In return for allowing me to participate in the Contests, I hereby waive, release, and discharge as to HH any and all claims for damages for death, personal injury, disability or property damage of any kind which may accrue to myself as a result of my participation in the Contest. This release is expressly intended to discharge in advance HH and its employees, agents, and volunteers from and against any and all liability arising out of or connected in any way with my participation in the Contests. THIS Informed Consent, Release and Waiver SHALL APPLY EVEN THOUGH LIABILITY MAY ARISE OUT OF CARELESSNESS, NEGLIGENCE, AND/OR GROSS NEGLIGENCE (EXCEPT TO THE EXTENT PROHIBIT BY APPLICABLE LAWS) ON THE PART OF HH, INCLUDING, WITHOUT LIMITATION, ITS EMPLOYEES, AGENTS, AND VOLUNTEERS. This Informed Consent, Release and Waiver shall apply to me, as well as any of my heirs, executors, or administrators.

I acknowledge that I am responsible for any injuries I may sustain, that I may cause to others, and damage I may cause to the facilities. I also acknowledge that HH shall have no responsibility for the actions or omissions of any participant in the Contest (including me).

I agree to indemnify, defend, and hold harmless HH from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys’ fees), from any responsibility or liability in case of personal injury, including death, sustained by me or caused by me, or damage to property of others caused by me during or because of my participation in the Contest. I release and discharge the HH Parties and their affiliates, officers, agents, and employees; and each and all persons involved in creating my Personal Images from any liability connected with the taking, recording, alteration, filming, use or publication of such interviews, photographs, slides, computer images, videotapes, or voice recordings.

I further acknowledge and agree that I may win a prize as result of the Contests (“Prize”). I understand that HH has not made, does not make, and expressly disclaims, any warranties, representations, covenants or guarantees, express or implied, or arising by operation of law, as to the merchantability, quality, suitability or fitness for any particular purpose or use of any Prize. I understand that if I win a Prize, I may be required to execute a liability release and any other instruments deemed necessary by HH in its sole discretion. Such documents and instruments must be signed and returned by the date and/or time indicated by HH. If I win a Prize and fail to sign and return such documents within such time, or if I do not comply with the general terms and conditions herein, then I will be disqualified and an alternate potential winner will be selected. I waive the right to assert as a cost of winning a Prize any and all costs of verification and redemption or travel to redeem any Prize and any liability which might arise from redeeming or seeking to redeem such Prize. Compliance with this Informed Consent, Release and Waiver is subject to verification prior to awarding of Prizes.

PRIZE for Survey Contest: a $100 Visa gift card.

PRIZE for Harmony Helper Session Contest: an iPhone XS.

PRIZE for Download Harmony Helper App Contest: an Apple watch.

I understand that I may ask any questions or request further explanation or information about the Contests at any time before, during, or after my participation. I understand that I am not required or entitled to participate in the Contests, and, therefore, understand that I do not have to agree to the terms and conditions of this Informed Consent, Release, and Waiver. However, I agree that I will not participate in any Contest activities unless and until I have agreed to the terms herein.