By submitting a video to Monkey Business Prank Wars, (the “Video Submission”), Entrant grants to Company and its parents, subsidiaries, affiliates, successors, licensees, assigns, advertising and promotional agencies, and media partners, the unrestricted, perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, edit, adapt, modify, publish, distribute, publicly perform, publicly display, transmit, broadcast, promote, advertise, and otherwise exploit Participant’s Likeness as embodied in the Video Submission, in whole or in part, in any and all media now known or hereafter developed, for any lawful purpose, including without limitation advertising, marketing, promotion, publicity, trade, and commercial purpose.

Representations, Warranties

Entrant represents, warrants, and covenants that the Video Submission, and Company’s exercise of its rights as permitted herein, does not and will not violate any applicable law or regulation, nor infringe or misappropriate any copyright, trademark, or other intellectual property right, nor violate any privacy, publicity, contractual, or other third-party right, nor constitute libel, slander, or defamation. To the extent that Entrant requires the permission from the owners of any trademark, copyright, music, or other intellectual property included therein for Company to exercise its rights under the license, Entrant represents and warrants it has obtained such permission, waiver, releases, and consents.

Entrant further represents and warrants that if any person other than Entrant appears, is identifiable, or is otherwise depicted in the Video Submission, Entrant has obtained all necessary written consents, releases, and permissions from each such individual sufficient to permit Company to exercise all rights granted under this Agreement without liability or obligation.

If any individual appearing in or identifiable in the Video Submission is under the age of eighteen (18), Entrant represents and warrants that (a) Entrant is the parent or legal guardian of such minor and has full legal authority to grant the permissions and releases contemplated by these Terms and Conditions on the minor’s behalf, or (b) Entrant has obtained consent from the minor’s parent or legal guardian granting all permissions and releases necessary to permit Company to exercise its rights herein. Entrant further represents that any such consent is valid, binding, and enforceable under applicable law.

Release and Indemnification.

To the fullest extent permitted by law, Entrant hereby RELEASES AND FOREVER DISCHARGES Company and its affiliates, officers, directors, employees, agents, successors, and assigns from any and all claims, demands, causes of action, damages, liabilities, costs, and expenses of any kind, whether known or unknown, arising out of or relating to: (i) the recording, creation, submission, use, display, publication, distribution, or other exploitation of the Video Submission, (ii) the use of name, image, likeness, voice, or other identifying attributes of any individual appearing or identifiable in the Video Submission; and (iii) any claims for invasion of privacy, misappropriation of name or likeness, right of publicity, false light, emotional distress, or similar claims, except to the extent resulting from Company’s willful misconduct.

Entrant further agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, demands, causes of action, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Entrant’s breach of theseTerms and Conditions or representations made herein, (ii) Entrant’s violation of any law or the rights of any third-party, or (iii) any third-party claims arising from or related to the recording, creation, submission, use, display, publication, or distribution of the Video Submission or the use of Entrant’s or any other identifiable individual’s name or likeness as permitted under these Terms and Conditions, except to the extent such claims result from the Company’s willful misconduct.

Entrant acknowledges that Entrant has carefully read this Release, understands its contents, and understands that by agreeing to these Terms and Conditions Entrant is giving up substantial legal rights under Massachusetts law. Entrant further acknowledges that Entrant has had the opportunity to consult with legal counsel prior to agreeing to this Release.