By checking the appropriate box on the Application Form, I declare and say: I understand that this Affidavit of Eligibility & Liability/Publicity Release (“Affidavit & Release”) I submit will be relied upon to determine my eligibility to receive scholarship money in the “Make your Mark” scholarship contest (the “Promotion”), sponsored by The Lewer Agency, Inc. (“Sponsor”).
1. I hereby represent to Sponsor, its respective advertising and promotion agencies, parent corporations, subsidiaries, affiliates, agents, assigns, and any other entity or person connected with the Promotion (collectively, the “Licensed Parties”), as well as their respective directors, shareholders, officers, and employees, that:
a. I have complied with, and will continue to comply with, all rules of the Promotion, and;
b. I have perpetuated no fraud or deception in entering the Promotion or claiming the scholarship money awarded to me, if any.
2. I understand that if I make any false statement in this affidavit or in connection with my Application or Submission, I will be disqualified from consideration and from receiving any award, or will be required to forfeit or return, immediately upon demand by Sponsor, any money awarded to me.
3. I represent that neither I, nor any member of my immediate family or anyone living in my household, or the household of an immediate family member, is an employee of Sponsor.
4. In consideration for my participation in the Promotion, I forever release and discharge Sponsor, its employees, officers, directors, parent companies, shareholders, affiliates, subsidiaries, advertising and promotion agencies and any other companies or schools participating in the design, promotion, administration or fulfillment of this Promotion (collectively, the “Releasees”) from any and all claims, demands, losses and liabilities of any nature whatsoever which I may now have or hereafter be entitled to assert, including, but not limited to, any death, personal injury, loss of enjoyment or other harm or loss of any nature whatsoever caused by, contributed to, or arising out of my participation in the Promotion or out of any monies awarded to me in connection with the Promotion. I understand that the Releasees will not obtain insurance on my behalf, and I am fully responsible for obtaining my own insurance.
5. I agree that Sponsor shall have the right to use in perpetuity my name, likeness, voice, photograph, biographical and prize information, and the Entry Materials (defined below), without notice to me and without further compensation or obligation, in any and all media now or hereafter known throughout the world, in any manner whatsoever, to advertise and promote Sponsor, their products and services, the Promotion, and for any other purpose. I agree that if I'm selected to receive a Scholarship, as a condition of receiving that Scholarship, I must provide Sponsor a high-quality headshot photograph for use in accordance with this paragraph.
6. I agree that upon submission, all information and materials I submit with my entry in the Promotion (the “Entry Materials”) become Sponsor’s sole property and Sponsor can use, publish, modify, adapt, and otherwise exploit the Entry Materials in perpetuity, in any manner whatsoever, without further notice or compensation to me and without attribution to me, in any and all mediums now or hereafter known throughout the world. I represent and warrant that I am free to assign all the rights (including, but not limited to, moral rights and intellectual property) in and to the Entry Materials and such Entry Materials are not subject to the rights of any third party. I acknowledge that the Entry Materials will not be returned to me. I agree that no materials need be submitted to me for any approval and that Releasees shall have no liability resulting from any editing, alteration, distortion, illusionary or other effect resulting from publication or other use of my photograph and/or likeness and/or Entry Materials.
7. I understand the winners’ school(s) will be notified in the middle of January 2026, and the scholarship funds will be sent or delivered directly to the school for delivery to the winner. Should I be selected as a winner, I understand I must be enrolled in and attending classes on a full-time basis at the school and must enroll and attend classes on a full-time basis for the Spring 2026 semester at the school. If I fail to properly enroll or attend classes, I will be considered ineligible and will be disqualified.
8. I affirm that all content submitted to Sponsor regarding the promotion is original content developed by me (the "Content"). In the event any individual asserts a claim of ownership to the Content or any footage included in the Content, I agree to indemnify, defend, and hold harmless the Sponsor (including its officers, directors, managers, employees, and agents) from and against any such claims, suits, liabilities, damage, indictments, costs, and expenses (including reasonable attorney fees.
9. I understand and agree that this is a COMPLETE RELEASE and DISCHARGE of all claims and rights I might have against the Releasees, and that no action will be taken by me or on my behalf with respect to any such rights. This Affidavit and Release shall be binding upon the parents or guardians of a minor winner, and the heirs, executors, and administrators of any winner.