Each Participant, upon submission of any photographs through this portal (each an “Submission”), irrevocably grants to McDonald’s USA (“McDonald’s”), a perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages. McDonald’s will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with the Submission. Participants further represent and warrant that their Submissions and all materials and matter therein: (1) are wholly original to such Participant and are not a copy or imitation of any other material, and Participant owns or holds all rights in and to the Submission; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights or any property rights of any person or entity (including trademark, copyright, right of publicity, or privacy rights) and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Participant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Participant represents and warrants that McDonald’s use of any Submission in any visual work shall not violate any agreement or the rights of any third-party. Participants agree to indemnify and hold McDonald’s harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Participant in connection with his or her acceptance of these terms.
Participant represents and warrants that Submissions will not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or promotes any activities that may appear unsafe of dangerous; (d) promotes any particular political agenda or message; (e) invades the privacy or publicity rights of any person, living or deceased, (f) is unlawful, (g) contains any branded clothing, and/or (h) is disparaging to McDonald’s or is inconsistent with the positive images and/or goodwill with which McDonald’s wishes to associate.