FEATURED INNOVATOR

Crowdsourcing General Terms By submitting the above requested information and material (the “Submittal”) to #GoBeyond, You agree to this website's Crowdsourcing General Terms, the Terms of Service, and Privacy Policy. You must also abide by any posted guidelines, rules, and policies, which are also hereby incorporated into these Crowdsourcing General Terms as if fully set forth herein. If You are making a Submittal on behalf of an entity, You represent and warrant that You have authority to bind that entity to these Crowdsourcing General Terms, and by accepting these terms, You are also doing so on behalf of that entity. Screening and Selection Submittals must be from the United States, and You must be at least 18 years old. You agree that #GoBeyond will have sole discretion in selecting and determining the extent and manner of use of, and that is not #GoBeyond obligated to use any material in Your Submission, including but not limited to the Likeness and/or Submittal Content (as those terms are defined below). You further agree that #GoBeyond is not obligated to submit to You for approval any of the Submittal Content or the Materials (as defined below) before use, including but not limited to any alterations, changes, or modifications thereto. Representations and Warranties You represent and warrant that: 1) You are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations, and warranties; 2) You are a resident of the United States of America; 3) All information provided as part of the Submittal is truthful and accurate; 4) You own all Submittal Content (as defined below) and/or You have the right and authority to submit such content to #GoBeyond for the uses described in these Crowdsourcing General Terms; 5) The Submittal Content (as defined below) does not infringe any third party’s intellectual property or other rights, including but not limited to any such rights of Your current or past employer; 6) You are not violating any agreement You have with a third party, including but not limited to Your current or past employer; and, 7) Your Submittal including but not limited to the Submittal Content (defined below) does not violate any laws and/or regulations. Intellectual Property You hereby grant and assign to #GoBeyond, its affiliates and their respective successors and assigns, the worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up right to use Your appearance, name, performance, likeness, movements, personal characteristics, biographical data, image and voice (collectively, the “Likeness”), rendered or performed by You on film, video, motion pictures, photographs and by any other means of fixation or recording in any media formats, and any and all other film, video, motion pictures, photographs, recordings, digital media, slogans, taglines, or other information or content in any format submitted by You in a Submittal (collectively, “Submittal Content”). If You are an individual and the Submittal includes the name and/or logo of Your employer, the term “Submittal Content” shall also include such name and/or logo, except with respect to retail merchandise. Without limiting the foregoing, You (on Your own behalf, and if applicable, on behalf of Your employer) hereby grant to #GoBeyond the worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up right to use the Likeness and Submittal Content, in whole or in part (including as modified by or for #GoBeyond in its discretion), alone or in combination with other materials, an unlimited number of times, on any retail merchandise for sale by or on behalf of #GoBeyond, and in any publications, commercials, films, documentaries, social media posts, newsletters, brochures, recruitment materials and any other promotional materials (whether internal or external, and whether in electronic, digital, print or any other form) (the foregoing, collectively, “Materials”). You understand that the Likeness, Submittal Content and Materials may be accessible to anyone worldwide. You also understand that certain third-party providers (e.g., printing companies, broadcasters and PR/advertising/marketing/creative agents) may have access to and use the Likeness and Submittal Content in order to assist #GoBeyond in creating Materials, including for #GoBeyond promotional/marketing/advertising and communications purposes. Upon use or incorporation of the Submittal Content in whole or in part in any retail merchandise for sale by #GoBeyond, #GoBeyond shall have an exclusive license to use the Submittal Content as described above for a period of 10 of years. You hereby waive any “moral rights” and any similar rights with respect to attribution of authorship or integrity that You may have in the Submittal Content, either now or in the future anywhere in the world. You acknowledge and agree that You have received full consideration for the rights You have granted in these Crowdsourcing General Terms. Fees In consideration of the Submittal and the grants of rights to outlined in these Crowdsourcing General Terms, #GoBeyond agrees to pay You 10% of profits actually received by #GoBeyond from sales of retail merchandise that incorporates Your Submittal Content, less all expenses and amounts for any returned retail merchandise. Such payment(s) shall be paid in the U.S. Dollars, on a yearly basis and will be paid by direct deposit to You. You are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with such payment. #GoBeyond is under no obligation to compensate You for materials/ideas developed by #GoBeyond independent of the materials/ideas You submit to #GoBeyond. #GoBeyond is under no obligation to compensate You for materials/ideas developed by #GoBeyond independent of the materials/ideas You submit to #GoBeyond. Release of Liability TO THE EXTENT PERMISSIBLE BY LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY: TO THE EXTENT PERMISSIBLE BY LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY: (A) RELEASE #GOBEYOND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, REPRESENTATIVES AND LICENSEES [Collectively, “RELEASED PARTIES”] FROM ANY CLAIM, ACTION, SUIT OR DEMAND OF ANY KIND OR NATURE WHATSOEVER ARISING FROM THE USE OF THE LIKENESS, SUBMITTAL CONTENT OR MATERIALS AS PERMITTED HEREIN, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS, “MORAL RIGHTS” AND SIMILAR RIGHTS WITH RESPECT TO ATTRIBUTION OF AUTHORSHIP OR INTEGRITY, AND OTHER CIVIL, PERSONAL AND PROPERTY RIGHTS; (B) WAIVE ALL RIGHTS TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THE SUBMITTAL AND THE CORWNDSOURCING GENERAL TERMS, THE LIKENESS, MATERIALS AND/OR SUBMITTAL CONTENT; AND (C) WAIVE ALL RIGHTS TO ROYALTIES, FEES [EXCEPT AS STATED UNDER THE FEES SECTION] AND OTHER COMPENSATION FOR ANY EXPLOITATION OF THE LIKENESS, MATERIALS AND/OR SUBMITTAL CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES ARE NOT RESPONSIBLE FOR INCOMPLETE, DAMAGED, INACCURATE, STOLEN, MISDIRECTED, OR UNDELIVERED SUBMITTALS; OR FOR INTERRUPTED OR UNAVAILABLE NETWORK, SERVER, INTERNET SERVICE PROVIDER, WEBSITE, OR OTHER CONNECTIONS, OR FAILED COMPUTER, SATELLITE, TELEPHONE OR CABLE TRANSMISSIONS, LINES, TECHNICAL FAILURE OF COMPUTER HARDWARE, SOFTWARE MALFUNCTIONS, FAILURES OR DIFFICULTIES, OR OTHER ERRORS OR DIFFICULTIES OF ANY KIND IN CONNECTION WITH THE SUBMITTAL. Indemnity To the extent permissible by law, You agree to defend, indemnify and hold harmless the Released Parties from any and all liability, loss, damage, cost or claim related to any allegation arising from, in whole or in part, directly or indirectly, the Submittal, Likeness and/or Submittal Content, including but not limited to any allegation of intellectual property infringement. Privacy You acknowledge that the Submittal, Submittal Content and Materials may contain personal data protected under applicable data protection laws. The Submittal Content and Materials will be processed and used by #GoBeyond for the purposes described in these Crowdsourcing General Terms and as permitted under applicable law and agreement, and may be accessed by #GoBeyond affiliates/subsidiaries, branch offices, and their respective service providers, including from countries where data protection laws differ from the country of Your employment and/or residency. Miscellaneous These Crowdsourcing General Terms are to be construed in accordance with and governed by the laws of the State of New York, excluding its conflict of laws rules. Any legal suit, action or proceeding arising out of or relating to these Crowdsourcing General Terms shall be commenced in a federal court or state court in the State of New York and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. You acknowledge that these Crowdsourcing General Terms, website Terms of Service and Privacy Policy constitutes the entire understanding between You and #GoBeyond regarding the subject matter hereof and cannot be terminated, rescinded or amended, except by written agreement signed by both You and #GoBeyond. In the event of any inconsistency between these Crowdsourcing General Terms, the website Terms of Service and Privacy Policy, the Crowdsourcing General Terms shall prevail. No amendment modification or waiver of any provision of these Crowdsourcing General Terms, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by the parties hereto. Do You agree to the Crowdsourcing General Terms, and the website Terms of Service and Privacy Policy?