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#HBYOUfie TERMS AND CONDITIONS

By submitting the content, each submitter (the “Submitter”):

  1. represents and warrants that (i) any material submitted to Holland Bloorview Kids Rehabilitation Hospital Foundation (“Holland Bloorview Foundation”) (including without limitation, the photo and captions, as applicable) (collectively, the “Material”) is original to him/her and that the Submitter has all necessary rights in and to the Material (including, but not limited to, releases from all individuals displayed in, or making up part of, the Material (the “Subjects”)) to submit the Material to the site, as set out below (the “Subject Releases”), which Subject Releases shall be substantially similar to this Submitter Release; and (ii) the Submitter, and each Subject, is of legal age, has the right to and is competent to contract and provide this Submitter Release and the Subject Releases respectively, in their own name (and in the case of a Subject who is not of legal age, as a parent or legal guardian of such Subject) on behalf of such Subject;
  2. grants Holland Bloorview Foundation the absolute right and permission and a royalty-free, non-exclusive, worldwide, unrestricted, irrevocable, sublicensable and transferable license to re-use, publish, display, produce, reproduce, modify, alter, edit, distribute, publish, transmit, broadcast or otherwise use and make available or the Material in whole or in part on any media whether now known or hereinafter devised in perpetuity for the purpose of advertising or promoting the Change for Kids program, Holland Bloorview Foundation, or any other activities related thereto (the “Purpose”), including without limitation placement of the Material (or extracts therefrom) on third party websites, for greater certainty, in each case without further compensation for or notice to the Submitter, the Subjects, or, in each case, their respective successors; the foregoing waive any right to inspect or approve the Materials or the eventual use that to which the Material might be applied in connection with the Purpose; and without limiting the foregoing, the Submitter expressly waives any moral rights in the Material;
  3. hereby provides, and represents and warrants that each Subject in their Subject Release has provided, their consent for the collection, use and disclosure of their personal information, as same is included in the Material, for the Purpose;
  4. and its successor, and pursuant to the Subject Releases, the Subjects and their respective successors (the “Releasors”) waive any rights that may exist regarding the Material, including the right to sue, and hereby release and forever discharge Holland Bloorview Kids Rehabilitation Hospital Foundation, Holland Bloorview Kids Rehabilitation Hospital, and their respective directors, officers, employees, personnel, agents, and representatives (collectively, the “Releasees”) of and from all manner of actions, causes of actions, suits, debts, dues, accounts, bonds, covenants, contracts, claims and demands whatsoever (collectively the “Claims”) which Releasors may now or hereafter have in connection with the Material (including without limitation as a result of any distortion, blurring, or alteration, optical or electronic illusion, or use in composite form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the finished product), and agree that Holland Bloorview Foundation is acting as agent and trustee for, and may enforce this release and indemnity for, in favour of, and on behalf of, the other Releasees in accepting this release;
  5. acknowledges and agrees that Holland Bloorview Foundation reserves the right to not consider, disqualify and/or remove any content of the Material in whole or in part, at any time, for any reason within its sole and absolute discretion, including without limitation (i) if it believes the content is not in the spirit of the Purpose or is not compliant herewith, or will have a detrimental impact on the achievement of the Purpose, Holland Bloorview Foundation or any of the Releasees or their respective brands, products or services, and (ii) for obvious lack of good faith, or obscene, offensive, sexually inappropriate, or otherwise unsuitable submissions, such as those depicting violence, nudity or explicit activity, or which are not an original creation of the entrant, or which are illegal, defamatory or in any way, for greater certainty, as determined by Holland Bloorview Foundation in its sole discretion). Material shall not be returned to Submitters by Holland Bloorview Foundation; and
  6. acknowledges and agrees that (i) once submitted, a submission cannot be modified by the submitting entrant, nor deleted or cancelled, and (ii) in the case of any dispute as to who has made the submission, on-line submissions will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Should you have any questions regarding this Submitter Release, please contact Holland Bloorview Foundation at [email protected], using “HBYOUfie Release” in the subject line.