AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FOR PARTICIPATION, PUBLICITY AND USE
I, the undersigned submit this Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (this “Affidavit”) on behalf of myself and my heirs, executors, and administrators with the understanding that it will be relied upon to determine my eligibility to receive, through the college at which I use the Scholarship (as defined below) referenced below (the “College”), and a condition to my acceptance and use of, one (1) One Thousand Five Hundred Dollar ($1500.) Scholarship (the “Scholarship”), which Scholarship will have a value of not more than $1500, in the “Caring.com Student Caregiver Scholarship” opportunity (the “Opportunity”). Note: Failure to complete this Affidavit may result in forfeiture of the Scholarship.
I am submitting this Affidavit to Caring, LLC (“Caring”), as the sponsor of the Opportunity, with the understanding that this Affidavit will be relied upon by Caring in connection with my eligibility to participate in the Opportunity and my interest in accepting and using the Scholarship. I consent to my participation in the Opportunity (which participation in the Opportunity includes, without limitation, my application to receive the Scholarship) and my acceptance and use of the Scholarship. Capitalized terms used but not otherwise defined in this Affidavit shall have the meanings given to such terms in the Caring.com 2020 Student- Caregiver Scholarship Agreement (“Agreement”), which Agreement is posted to https://www.caring.com/caregivers/scholarships-for-student-caregivers/agreement/.
Representations and Warranties
In order to induce Caring to permit me to accept and use the Scholarship, I hereby represent, warrant, covenant and agree that:
1. I am currently, and was at the time of my application for the Opportunity, a legal United States citizen and resident (and not a resident of any jurisdiction in which my participating in the Opportunity would be prohibited by law) and at least eighteen (18) years of age or had, at the time of my application for the Opportunity, reached the age required, by all states and territories in which I have resided from the date I submitted my application for the Opportunity (including such date) through the date of this Affidavit, to be reached in order to participate in opportunities such as the Opportunity, if any such age is greater than eighteen (18) years of age, or I was age sixteen (16) or seventeen (17) at the time of my application for the Opportunity, but had a parent or legal guardian agree to the Agreement on my behalf and such parent or legal guardian is signing this Affidavit on my behalf, in addition to my signing this Affidavit;
2. I am not, and no member of my immediate family and/or household is, an employee and/or agent of Caring LLC, and/or any of their respective affiliates, subsidiaries and/or divisions, or of any agent of Caring (and/or any of their respective affiliates, subsidiaries and/or divisions) or any affiliate, parent organization, subsidiary, division, trade partner, advertising and/or promotional agency and/or associated marketing firm and/or any other vendor of any such agent); 3. I have complied with, and will continue to comply with the Agreement, and I have not perpetrated fraud or tampering in participating in the Opportunity or in claiming the Scholarship; 4. I have had the opportunity to consult with legal counsel and other advisors with regard to this Affidavit, and have either done so, or knowingly declined to do so; and
3. My and, if applicable, my applicable parent’s or legal guardian’s name, home street address, home telephone number, date of birth, social security number, and email address listed below my signature are correct and current.
I agree to immediately return to Caring the Scholarship or the financial equivalent of the Scholarship ($1500) if any statement made in this Affidavit is false, fraudulent or deceptive.
I agree that the Scholarship is being awarded “as is” and without any warranty of any kind, expressed or implied.
Release of Liability for Participation, Publicity and Use; Ownership
Without further notice or consideration to me, I irrevocably grant to Caring, and their respective subsidiaries, affiliates and assigns the absolute and worldwide right, license and permission and my consent to use, in any manner or media whatsoever my name, voice, photographs (including, without limitation, all photographs I have submitted in connection with participating in the Opportunity), biographical information (including, without limitation, hometown and state), e-mail address and/or likeness for any promotional and publicity purposes (which use may include, without limitation, use by Caring, and/or any of their respective subsidiaries and/or affiliates). I understand and agree that I have no right of approval, no claim to any compensation, and no Claim (as defined below) arising out of the use, alteration, distortion or illusionary effect or use in any composite form of my name, voice, photograph (including, without limitation, all photographs I have submitted in connection with participating in the Opportunity), biographical information (including, without limitation, hometown and state), e-mail address, and/or likeness, in any media and/or manner whatsoever, for such purposes. I represent and warrant to Caring that each photograph or video representation submitted by me to Caring in connection with participating in the Opportunity is a photograph of me and that I have all right, title and interest in and to such photograph, and the images within such photograph, and that I have the unlimited and unrestricted right to submit such photograph to Caring.
I and my heirs, executors and administrators forever completely waive, release, discharge and agree to defend, indemnify and hold harmless Caring, Facebook Inc. (“Facebook”), Pinterest, Inc. (“Pinterest”), Instagram, LLC (“Instagram”), Tumblr, Inc. (“Tumblr”), Twitter, Inc. (“Twitter”), or Google Inc. (“Google”) and their respective subsidiaries and affiliates and their respective affiliated companies, equity holders, directors, officers, managers, employees, attorneys, assigns, licensees, co-branders, associated marketing firms, advertisers, sponsors, representatives and agents (collectively, including, without limitation, Facebook, Pinterest, Instagram, Tumblr, Twitter and Google, the “Released and Indemnified Parties”) from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” and collectively, “Claims”) arising out of or in connection with, directly or indirectly: (i) my application for and participation in the Opportunity (including, without limitation, applying for the Scholarship offered in connection with the Opportunity), (ii) the Opportunity, (iii) the Scholarship and (iv) my College’s acceptance, handling, or use of the Scholarship and my acceptance or use of the Scholarship (no matter whether during or after my or my College’s receipt, acceptance or use of the Scholarship), including, without limitation: (a) electronic, human, United States Postal Service, College, equipment programming or other error, omission, interruption, defect or delay which may occur in the administration of this Opportunity or the processing of any application, the Scholarship, in the Agreement, or in any other materials related to the Opportunity, (b) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, internet, web site, network, hardware or software, a computer virus, bug or other technical problem, (c) unauthorized human intervention in any part of the application process or this Opportunity, (d) any Claim based on libel, slander, defamation, invasion of privacy, right of publicity, portrayal in false light and any Claim relating to the exercise of rights granted in the paragraph immediately above, (e) my conduct in connection with this Opportunity, (f) the sole or joint negligence or tortious acts or omissions of the Released and Indemnified Parties, (g) any taxes associated with the acceptance of the Scholarship, (h) any printing, typographical, technical errors in any materials associated with the Opportunity or the Scholarship, (i) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels and (j) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from my application for or participation in the Opportunity or receipt or use of the Scholarship. I represent and warrant that I will take no action with respect to a Claim. I understand that the above provision includes a release by me of the Released and Indemnified Parties for those parties’ own negligence.
The Released and Indemnified Parties shall not be liable for and I hereby waive all rights to claim: (x) any special, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased, or (y) commercial loss of any kind, including loss of business or profits, whether based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory, whether or not advised of the possibility of such damages. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (including costs associated with participating in the Opportunity), but in no event attorneys’ fees. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
Taxes and Costs Acknowledgement
I acknowledge that receipt and/or acceptance of the Scholarship from Caring may be taxable to me and/or my parents or legal guardians, if I am a minor under the laws of my state of residence and such taxes are my parents’ or legal guardians’ responsibility under applicable law as a prize winning and may be subject to Federal, state and/or local taxes. I represent and warrant that none of the Released and Indemnified Parties has given me any tax advice and I acknowledge that if I, or my parents or legal guardian, as applicable, have any questions regarding taxes, I, or they, as applicable, must contact my, or their, as applicable, accountant or tax advisor.
1. That if any statement made by me in this Affidavit is false, I will be disqualified from receiving, and will promptly return to Caring, the Scholarship in its entirety;
2. To do all matters and things which may be convenient or necessary to more effectively and completely carry out my intentions set forth in this Affidavit;
3. That if any provision in this Affidavit is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired in any way; 4. That this Affidavit constitutes my legal, valid and binding obligation, enforceable against me and my legal representatives, heirs, executors and administrators;
4. That this Affidavit and all transactions contemplated by this Affidavit shall be governed by, and construed and enforced in accordance with, the internal laws of the State of North Carolina, without regard to principles of conflicts of laws; and
5. That a substantial portion of the negotiations, anticipated performance and execution of this Affidavit occurred or shall occur in the State of North Carolina, and any civil action or legal proceeding arising out of or in connection with this Affidavit shall be brought in the Federal or North Carolina state courts.
6. Any and all disputes, claims, and causes of action arising out of or connected with the Opportunity or award of prize (including, without limitation, the Scholarship) in connection with the Opportunity, shall be resolved individually, without resort to any form of class action.
I understand that any of my nonpublic personal information that I provided in association with this Opportunity and in this affidavit is subject to the terms of this Affidavit and the privacy statements located at http://www.caring.com/about/privacy. If there is a conflict between the terms of this Affidavit and any such privacy statement as to the use of such nonpublic personal information, then my consents and releases provided in this Affidavit shall govern and prevail.
For more information, or if you have any questions about these terms, please contact firstname.lastname@example.org.