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ENTRY RULES AGREEMENT By submitting this Agreement and/or submitting an entry in the Lasik Idol Competition (the “Competition”), Entrant agrees to all of the following: Entry Agreement Entrant agrees to comply fully and in all respects with the Official Rules of the Competition. Entrant agrees that the Competition Sponsor may contact Entrant for any reason. Entrant agrees to provide all information, documentation and materials requested by Competition Sponsor. Entrant agrees to use only the approved music (the “Approved Music”) and Entrant’s own original lyrics for the creation of Entrant’s music video submission(s) for the Competition. Entrant agrees to license the Approved Music as set forth in the Licensing Agreement which is part of this Official Entry Form. Entrant agrees to waive all of Entrant’s rights under the Health Insurance Portability and Accountability Act (“HIPAA”) and California Civil Code section 56.10 or other potentially applicable state law provisions or regulations of similar import, to the extent, if any, that such rights apply, as set forth in the Authorization for Use or Disclosure of Health Information which is part of this Official Entry Form. Entrant agrees that the Competition Sponsor may use his or her name and likeness for purposes of the Competition. Entrant agrees to permit the Competition Sponsor to have all ownership and publication rights to his or her music video entries. Entrant agrees to download only one selection of the Approved Music for purposes of his or her entry of a music video in the Competition. If Entrant is selected to be a Semi-Finalist in the Competition, Entrant will be permitted to download a second selection of Approved Music for purposes of creating a Semi-Finalist Music Video. Entrant agrees to upload only one music video to YouTube to enter in the Competition. Entrant agrees to list both Entrant’s name and the words Lasik Idol in the title, description, and tag as part of YouTube upload process. Entrant further agrees that his or her music video will be in full compliance with all instructions provided in the Official Rules and consistent in every respect with the rules and restrictions promulgated by YouTube. Entrant agrees that only Entrant will be the primary singer of lyrics in the music video(s) created for purposes of the Competition, and that any videos created by Entrant for the Competition will not display any copyright or trademark protected material, including, without limitation, brand names, logos or mottos. Entrant consents to the Competition Sponsor’s use of music videos submitted by Entrant for the Competition by posting links thereto on the internet (including, without limitation, the Official Web Site for the Competition), or otherwise, and the Competition Sponsor’s use and publication of music videos submitted by Entrant in promotional media of any type (including with the Competition Sponsor’s licensees, if any). Entrant represents and warrants that Entrant owns, controls or has licensed all necessary rights in the music video(s) created for the Competition (including, without limitation, the music, lyrics and likenesses) to grant the Competition Sponsor the rights described herein and in the Official Rules; Entrant further represents and warrants that any and all videos created by Entrant for purposes of the Competition do not infringe upon the rights of any person or entity, including but not limited to copyright, trademark, right of publicity, and right of privacy. Entrant agrees that Entrant owns, controls or has licensed all necessary legal rights in all intellectual property giving Competition Sponsor the right to use such intellectual property as contemplated by the Official Rules and, in particular, that Entrant either personally owns the copyright to any video(s) Entrant creates for the Competition, or that the respective copyright holders have granted Entrant the right to allow the Competition Sponsor to reproduce the video(s), and to publish the video(s) as set forth in the Official Rules. Entrant acknowledges that Entrant is responsible for any financial reimbursement to the original copyright or trademark holder for the rights to publish the video(s) created for purposes of the Competition, and all material contained therein; the Competition Sponsor will not be responsible for any such payment. Entrant agrees that the music video(s) created by Entrant for purposes of the Competition will not contain nudity (defined as exhibiting female Entrant’s nipples or any Entrant’s genitals), vulgarity, profanity or other illegal, offensive, or otherwise objectionable content, or show Competition Sponsor in a bad light, and that any music video(s) containing such material will be rejected and disqualified. Entrant acknowledges that the determination of whether any video exhibits nudity, vulgarity, profanity or other illegal, offensive, or otherwise objectionable content is in the sole discretion of the Competition Sponsor. Entrant further acknowledges that the Competition Sponsor reserves the right to disqualify any entrant whose video, or any part thereof, has been published, or during the course of the Competition is published, in any media (publications, World Wide Web, television, etc.) in a manner that is considered by the Competition Sponsor, in its sole discretion, to be pornographic, vulgar or obscene, to compete with Competition Sponsor, to create any form of potential liability for Competition Sponsor, or to potentially show Competition Sponsor in a bad light. Entrant agrees that the Competition Sponsor reserves the right to crop or otherwise alter videos. Entrant waives (or shall ensure that copyright holder waives if Entrant is not copyright holder) in favor of the Competition Sponsor and anyone authorized by him, any and all moral rights that Entrant (or copyright holder) may have in any video submitted. Entrant agrees that return of the documentation and material specified in the Official Rules within the allotted time shall be the sole responsibility of Entrant; the Competition Sponsor is not responsible for delays in delivery. Entrant acknowledges that the Competition winner will receive a Prize described as a certificate entitling him or her (one person) to receive Lasik eye surgery on both eyes (the “Prize”), which has a value of $6,700. Entrant agrees that if Entrant is the Competition winner, but is determined not to be a candidate for Lasik eye surgery, Entrant may elect to assign the Prize to another person who is a candidate for Lasik eye surgery. Entrant further agrees and understands that no other substitutions, transfers or assignments will be permitted, and no cash equivalent will be paid. Entrant acknowledges that, except as set forth in the Official Rules, in the event the Prize is purported to have been transferred or assigned, or any person or entity other than the Winner claims to have an interest in, or right to receive, the Prize, the Prize will be cancelled. Entrant agrees that the Competition winner and/or assignee of the Prize therefrom will be responsible for paying all Federal, State, Local, excise, sales or other taxes, if any, and that the Competition Sponsor will have no liability or responsibility for the payment of such taxes. Entrant agrees that Entrant does not have the right to license the Competition Sponsor’s name, copyrights or trademarks, including but not limited to “Lasik Idol”, to any other person or entity, and that any such license must be secured from the Competition Sponsor. Entrant agrees that any use of Lasik Idol or any reference thereto, in connection with any promotional event or advertising must first be approved by the Competition Sponsor in writing. Entrant agrees that all decisions of the Competition Sponsor shall be final and conclusive on all matters relating to the Competition. Entrant consents to the Competition Sponsor’s collection, use and disclosure to third parties of Entrant’s personal information for the purpose of administering this Competition and as otherwise set out in the Official Rules. Entrant consents to a background check that may be performed, at the sole discretion of the Competition Sponsor, to verify information provided by Entrant and compliance with the Official Rules, or for other reasons related to the Competition. Entrant agrees that the Competition and this Agreement shall be governed and construed by California law, and the exclusive venue for all controversies will be in state or federal court in Los Angeles County, California. Entrant agrees to hold the Competition Sponsor harmless and to indemnify and defend the Competition Sponsor from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys’ fees and expenses that may be incurred by the Competition Sponsor, arising out of or relating to breach of any covenant, representation or warranty, or any other violation of these Official Rules. ENTRANT AGREES TO THE FOLLOWING DISCLAIMER AND
RELEASE OF LIABILITY: THE COMPETITION SPONSOR AND ITS AGENTS, EMPLOYEES
AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS
COMPETITION ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY
INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION,
INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER
ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE,
INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS’ OR
ANY OTHER PERSON’S COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION
IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEB SITE OR ANY PAGES
THEREOF; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR
ALTERATION OF ENTRIES; AND/OR ENTRY SUBMISSIONS THAT ARE PROCESSED LATE
OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR
ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEB
SITE. PROOF OF ENTERING INFORMATION AT THE WEB SITE IS NOT CONSIDERED
PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES
ARE APPROXIMATE. THE COMPETITION SPONSOR RESERVES THE RIGHT TO EXTEND
ANY DEADLINES. ALL ENTRIES ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT
NOT LIMITED TO VIDEOS) BECOME THE SOLE PROPERTY OF THE COMPETITION SPONSOR
AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND OR DECEPTIVE ENTRIES
OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE. (HIPAA, Cal. Civ. Code § 56.10, Other Potentially Applicable State Law of Similar Import) I hereby authorize the use and disclosure of individually identifiable health information relating to me as may be necessary for my entry into the Lasik Idol Competition. The above information will be called “Authorized Information” throughout the rest of this form. I authorize Advanced Vision Education, LLC (“AVE”) and its authorized physicians, staff, agents, representatives, employees, officers, directors or any other persons assisting it with the Lasik Idol Competition (“Authorized Persons”) to make use or disclosure of Authorized Information, including, without limitation, my name and interest in Lasik eye surgery, as may be necessary for my entry into the Lasik Idol Competition. I understand that the Authorized Information may be used, disclosed and disseminated publicly on the internet or otherwise, and may be disclosed or disseminated to a wide range of people who have access to the internet or other media in which the Authorized Information may be disclosed. Authorized Information will be used, disclosed and/or disseminated at my request for the purpose of entering into the Lasik Idol Competition. I understand that if the person or entity receiving Authorized Information is not a health plan or health care provider covered by federal privacy regulations, the authorized information may be re-disclosed by the recipient and may no longer be protected by federal or state law. I understand that I may revoke this authorization at any time by notifying AVE in writing at info@lasikidol.com. However, if I choose to do so, I understand that my revocation will not affect any actions taken by Authorized Persons before AVE receives my revocation, and my revocation may also disqualify my entry, if any, in the Lasik Idol Competition, at the sole discretion of the Competition Sponsor. I understand that I may refuse to I agree to this authorization and that my refusal to agree in no way affects any treatment, payment, enrollment in a health plan, or eligibility for benefits, if any, which I may have. This authorization expires on 1/1/2015
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