#iTANfan Search Rules

 

TERMS AND CONDITIONS

To compete you must:

Eligibility Requirements:

iTAN Sun Spray Spa employees are not eligible to enter the competition. Any partner or associate of iTAN Sun Spray Spa is not eligible to enter the competition. Must be at least 18 years old to enter. All Contestants must execute all consents and/or waivers of liability and releases presented as conditions. Contestants must not have ever been convicted of a crime.

2017 #iTANfan Responsibilities:

 

RELEASE AND WAIVER OF LIABILITY FORM

This Release and Waiver of Liability Form (“Release and Waiver”) is entered into by and between iTAN Franchising, Inc., a California corporation (“iTAN”), and the undersigned participant (“Participant”), effective immediately upon acceptance. In consideration of iTAN accepting Participant’s entry submission and permitting Participant to participate in the #iTANfan Search (the “Contest”), Participant agrees as follows:

  1. Acknowledgement and Assumption of Risks. Participant acknowledges she/he is aware the Contest is a competition, and may require physical and mental exertion that may be strenuous and may cause physical injury, and Participant acknowledges that she/he is fully aware of the risks and hazards involved. Participant fully accepts and assumes all such risks and all responsibility for losses, costs, and damages that may result from competing in the Contest.  
  2. Representation of Ability to Participate. Participant represents that she/he is eighteen (18) years of age or older and in satisfactory physical condition and has no medical condition that would prcontest Participant from participating in the Contest. Participant affirms she/he has read and accepts the Contest “Terms & Conditions” and has had the opportunity to ask any questions she/he may have regarding the Contest. If necessary and in the contest of an accident, and at Participant’s sole expense, Participant hereby authorizes medical transportation to a medical facility or hospital.
  3. Release. By entering the Contest, Participant agrees to release, discharge, and hold harmless iTAN, its owners, officers, administrators, employees, instructors, and/or agents, as well the owners, distributors, manufacturers, wholesalers, and any other entity affiliated with iTAN, and any other person or entity connected with the Contest, their heirs, executors, successors, assigns, and administrators (collectively “Released Parties”) from any and all liability, claims, losses, and damages arising out of Participant’s participation in the Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder, including, without limitation, all liability for injuries, including but not limited to, personal injury, bodily injury, property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery/non-delivery, acceptance, use or misuse of the prize or from participation in the Contest or any Contest-related activity. Participant further releases, acquits, covenants not to sue and therefore discharges the Released Parties of and from any and all actions, and knowingly, voluntarily, and expressly waives any claim Participant may have against the Released Parties for any injuries or damages (known or unknown), property damage or loss of any kind, including death, whether such injury, damage, loss, or death was caused by the alleged negligence of iTAN, another participant, or any other person or cause, which Participant may sustain as a result of participating in the Contest.
  4. Indemnification. Participant further voluntarily defends, indemnifies, and holds harmless the Released Parties from any and all liabilities or claims made as a result of or relating to Participant participating in the Contest, including attorney’s fees, for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant participating in the Contest, whether such injury, death, loss, or damage was caused by the alleged negligence of iTAN, another participant, or any other person or cause.
  5. Severability. Participant further expressly agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
  6. Data Privacy. Participant agrees that personal data, specifically name and address, may be processed and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in the “Terms & Conditions” and iTAN’s privacy policy.

This Release and Waiver is governed by the laws of the State of California, and exclusive jurisdiction shall be in San Diego County, California. This Release and Waiver shall be binding on the Participant’s assignees, heirs, next of kin, executors, and personal representatives.

Participant understands that acceptance of this Release and Waiver enters Participant into the online voting portion of the Contest. Acceptance of this Release and Waiver does not guarantee Participant of becoming a finalist in the Contest, nor award of any prize.

PARTICIPANT REPRESENTS THAT THEY HAVE CAREFULLY READ AND UNDERSTAND THE CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY FORM. BY CLICKING THE “ACCEPT” BUTTON, PARTICIPANT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

 

 

MODEL RELEASE AND AGREEMENT FORM

This Model Release and Agreement (“Agreement”) is entered into by and between iTAN Franchising, Inc., a California corporation (“iTAN”), and the undersigned participant (“Participant”), effective immediately upon acceptance. In consideration of iTAN accepting Participant’s entry submission and permitting Participant to participate in the #iTANfan Search (the “Contest”), Participant agrees as follows:

  1. Acknowledgement. Participant understands iTAN intends to have its annual contest, the Contest, to find its fresh, new face to represent the iTAN brand. Participant understands photographs and videos, or any reproduction (full or partial) thereof, in any form, style, or color, of participants will comprise a significant portion of the Contest. Participant hereby acknowledges that iTAN is interested in acquiring the right to utilize Participant’s “Likeness”, which is made and/or obtained during any part of the Contest, for advertising, publicity, commercial, or other iTAN business purposes. “Likeness” shall mean Participant’s name, picture, signature, autograph, facsimile signature, likeness, voice, character, identity, initials, photograph, video, or film portrayals, image, and biographical information. Participant has agreed, subject to the terms and conditions set forth herein, to authorize the use of her Likeness by iTAN (“Participant Media”).
  2. Use of Media. Participant understands that iTAN owns all right, title, and interest to the Participant Media in perpetuity. Participant further understands that the Participant Media is the sole property of iTAN free and clear from all claims of any nature relating to Participant’s contributions and other efforts, including the right to register all copy, trade, and service mark rights therein in iTAN’s name as author in the United States of America and in all foreign countries.
  3. Assignment of All Rights to iTAN. Participant agrees that iTAN shall have full ownership of the Participant Media with no rights of ownership in Participant. Participant agrees that this Agreement shall operate as an irrevocable assignment by Participant to iTAN of the copy, trade, and service mark rights to the Participant Media, including all rights thereunder, in perpetuity. Under this irrevocable assignment, Participant hereby assigns to iTAN the sole and exclusive right, title, and interest in and to the Media, without further consideration, and agrees to assist iTAN in registering and from time to time enforcing, at iTAN’s expense, all copyrights and other rights and protections relating to the Media in any and all countries.
  4. Release. Participant hereby releases, discharges, and agrees to save harmless iTAN, its owners, officers, administrators, employees, instructors, and/or agents, as well the owners, distributors, manufacturers, wholesalers, and any other entity affiliated with iTAN, and any other person or entity connected with the Contest, their heirs, executors, successors, assigns, and administrators (collectively “Released Parties”) from all actions, claims for relief, and causes of action that Participant may have against the Released Parties by reason of this Agreement. Participant further releases, discharges, and agrees to save harmless the Released Parties from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the creation of the Participant Media or in any subsequent processing thereof, as well as any publication thereof, including, without limitation, any claims for libel or invasion of privacy.
  5. No Joint Venture, Partner. Nothing contained in this Agreement shall be construed as establishing an employee/employer, partnership, or joint venture relationship between iTAN and Participant.
  6. Severability. Participant further expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

This Model Release and Agreement is governed by the laws of the State of California, and exclusive jurisdiction shall be in San Diego County, California. This Model Release and Agreement shall be binding on the Participant’s assignees, heirs, next of kin, executors, and personal representatives.

PARTICIPANT REPRESENTS THAT SHE/HE HAS CAREFULLY READ AND UNDERSTOOD THE CONTENTS OF THIS MODEL RELEASE AND AGREEMENT FORM. BY CLICKING THE “ACCEPT” BUTTON, PARTICIPANT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.