95.7 The Game Dream Job - Contest Rules

 

These Contest rules are specific to the above Contest conducted by Entercom California, LLC d/b/a KGMZ-FM (collectively, the “Station”).   Except to the extent specifically set forth below with respect to this specific Contest, the Station’s general contest rules apply to this Contest as well.  A copy of these specific Contest rules and the Station’s general contest rules are available at the Station’s studio at 865 Battery Street, 2nd floor, San Francisco, CA 94111 during regular business hours and on the contests page on the Station’s website at www957thegame.com/rules. To the extent that the general contest rules differ from these rules, these rules will govern and control with respect to this Contest. 

1. No purchase necessary, must be twenty-one (21) years of age or older, to enter the 95.7 The GAME Dream Job Contest (the “Contest”).

 

1. To enter starting on February, 17, 2020 at 12:00am (PT) and ending on February 28, 2020 4:59pm (PT) go to 957thegame.com click on the 95.7 The GAME Dream Job link and complete the on-line entry form with:

1. First Name, Last Name, Address, Age, Phone, Email (“Entrant”);
2. Upload a video discussing one (1) sports topic of the Entrant's choice (“Video”).   Video should not exceed one (1) minute (longer Video will not be disqualified but Station judges will only view the first one (1) minute of each entry and only the first one (1) minute will be posted online, if applicable).  The uploaded Video must be in one of the following Video formats:  AVI, FLV, WMV, and MP4.
3. Affirmatively check the box or “I agree” button, expressly confirming each of the following:
   • Entrant represents and warrants that he/she is both twenty-one (21) years of age or older and a legal resident of one of the following California counties:  Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, or Sonoma.
   • Entrant represents and warrants that the Video submitted with entry comply with all of the Video requirements set forth in Section 3 of the Contest rules, including, without limitation, that the Video depicts (i) only one (1) person and that person is the Entrant (no other person may be depicted no matter how far away or obscure, and (ii) no nudity, sexually explicit and/or obscene content.
   • ENTRANT REPRESENTS AND WARRANTS THAT THEY OWN THE RIGHTS TO, OR HAVE OBTAINED PERMISSION TO USE, THE VIDEO SUBMITTED WITH EACH ENTRY AND AUTHORIZES KGMZ TO POST ANY VIDEO OF ENTRANT ON KGMZ’S WEBSITE AND/OR ON SOCIAL MEDIA SITES (IN THE EVENT KGMZ ELECTS TO POST SUCH VIDEO(S) OR USE THE VIDEO IN ANY OTHER MANNER STATION SEES FIT WITH NO COMPENSATION TO THE ENTRANT.
   • ENTRANT REPRESENTS AND WARRANTS TO STATION THAT THE USE AND DISTRIBUTION OF SUCH VIDEO WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS IN OR TO THE PICTURE.
   • ENTRANT AGREES TO INDEMNIFY STATION SHOULD ANY REPRESENTATIONS AND WARRANTIES MADE BY ENTRANT HEREIN OR IN THE APPLICABLE CONTEST RULES PROVE TO BE FALSE OR INACCURATE.
   • Entrant agrees and acknowledges that Station, all Contest sponsors, and their respective affiliates, parents, employees, agents and all other related sponsors may use the name, image, Video submission, other entry materials and/or biographical information of the Entrant for advertising and/or promotional purposes on radio, TV broadcasts, in the newspaper, on websites, social media sites and/or any other medium in connection with participation in this Contest or otherwise without the payment of any additional compensation to the Entrant.
   • Entrant understands and agrees that Station shall be the sole and exclusive owner of the Video submitted, whether or not the Video is selected as a Winner, and Entrant agrees to sign any documents requested by Station to evidence such transfer of ownership.
   • Entrant acknowledges and agrees that the Contest rules are available at www.957thegame.radio.com/rules, that the Entrant has had an opportunity to review them before entering this Contest, and agrees to be legally bound by the Contest rules.  Contest rules are also available at the Station’s studios, located at 865 Battery Street, 2nd floor, San Francisco, CA 94111 Monday through Friday (excluding holidays) during normal business hours.
   • DO NOT ENTER THIS CONTEST IF YOU ARE UNAVAILABLE ON ANY OF THE FOLLOWING DATES:
     • Saturday, March 7, 2020 – 12:00-3:00pm (PT)
     • Friday, March 13, 2020 –  2:00-6:00pm (PT)

 

1. Only the individual who submits the entry can be depicted in the Video.  No other person’s image, voice, or talent can be captured in the Video. Any Video with any other person(s) or more than one person depicted in it will be ineligible and will be disqualified.  ANY VIDEO THAT CONTAINS ANY MUSIC WHATSOEVER WILL BE IMMEDIATELY DISQUALIFIED.  Entrants may not even sing or speak the lyrics to any copyrighted song or any other copyrighted material in their Video (no portion of copyrighted poems, etc.…) unless the associated copyrights are owned by the Entrant and no one else (Station may require proof).  The Video submitted as part of Entry for this Contest must (in addition to the other requirements in these Contest rules) satisfy all of the following requirements:

1. Entrant must be clothed in all Videos (i.e., NO NUDITY).
2. No person but the Entrant may be depicted in the Video (no matter how far away or obscure); provided, however, that Station reserves the right to accept Videos that have parts of other people visible that Station deems (in its sole discretion) is not material to the Video and such persons are completely indistinguishable (for example, a leg or finger).  Further Station’s decision in this matter is final and not appealable and Station is not obligated to treat every Video identically (for example, Station may decide that in one Video a leg is not material but that a leg is in another Video).  Any Video with any other person(s) depicted in it will be ineligible and disqualified, except as otherwise permitted in this Section.
3. ENTRANT MUST EXCLUSIVELY OWN (OR HAS OBTAINED THE A LICENSE FROM THE COPYRIGHT HOLDER TO) THE COPYRIGHT IN THE SUBMITTED VIDEOS (IT CANNOT BE “OWNED” IN ANY WAY BY ANY OTHER PERSON OR COMPANY WITHOUT OBTAINING HIS/HER EXPRESS CONSENT TO ENTER THIS CONTEST AND ALLOW STATION TO USE THE VIDEO AS CONTEMPLATED IN THE CONTEST RULES).  BY ENTERING THIS CONTEST AND SUBMITTING VIDEO, THE ENTRANT IS REPRESENTING TO STATION THAT THE USE AND DISTRIBUTION OF SUCH VIDEO WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS.
4. Video entries (as well as any comments that may be posted to any Video entries in this Contest) must not contain or convey any content that the Station determines at its sole discretion, subjectively or otherwise, (i) to be indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or hateful, (ii) to be racially, ethnically, or otherwise offensive or objectionable, (iii) to encourage unlawful behavior, (iv) to contain, depict, or otherwise infringe upon the brand name(s), copyright(s), trademark(s), servicemark(s), tradename(s), logo(s), or any other intellectual property that may belong to a third party, or (v) to disclose any detailed personal, physical, contact, or otherwise confidential information that may belong to a third party.  The foregoing is not intended to require Station to disqualify Entrants who, in Station’s sole discretion, appear to be innocently wearing clothing or are in areas that just happen to contain third party logo(s) or mark(s).  Station may, but is not obligated to pixilate/cover any trademark(s), servicemark(s), tradename(s), and/or copyrighted materials in Station’s sole discretion.  Station shall not be required to make the same determination based on the foregoing for every Video and may treat each Video entry differently, in its sole discretion, even if the problematic content is similar.

 

1. LIMIT ONE ENTRY PER PERSON.  STATION WILL DISCARD MULTIPLE ENTRIES RECEIVED BY SAME ENTRANT IN THIS CONTEST.  Only the actual person pictured in the Video submitted in the entry may enter this Contest (you cannot enter a different person into this Contest), and such individual must be the same person identified by the entry form.

 

1. THIS ENTRY IS A CONTEST ENTRY AND MAY NOT BE CONSTRUED IN ANY WAY AS A “JOB” APPLICATION OR AS A SUBMISSION TO THE STATION FOR CONSIDERATION FOR EMPLOYMENT.

 

1. By entering this Contest, Entrants understand and agree that Station may elect to use any entry submitted for entertainment purposes and may choose to comment on, mock, poke fun at, and/or mimic any entry submitted.  Entrants waive any right to make any claim against Station or any Contest sponsors with respect to any comments - disparaging or otherwise - made regarding such Entrant’s entry.

 

1. On or about Tuesday, March 3, 2020, Station staff and/or management will select up to, but no more than sixteen (16) “Semi-Finalists” based on any lawful criteria the Station deems desirable Station deems desirable, including, without limitation, estimation of the relative overall effectiveness of participation, poise, commentary and/or humor, presence, and sports knowledge verification and compliance with the Contest rules, who will remain in the competition.

 

1. On March, 7, 2020 all Semi-Finalists must attend the first of two (2) “Live Events” taking place at The Sea by Alexander’s Steakhouse located at 4269 W El Camino Real, Palo Alto, CA 94306 and check in with Station staff between 12:00pm (PT) and 1:00pm (PT).  Semi-Finalists must check in by 1:00pm (PT) on March 7, 2020; any Semi-Finalist not checked in on time will forfeit their chance to remain in the Contest.  Participation in the Live Event is not transferable, no proxies or stand-ins will be permitted.

 

1. Starting at approximately 1:00pm (PT) all sixteen (16) Semi-Finalists will compete in a variety of tasks live in front of three (3) Station judges, including but not limited to:

1. An original “Sports Take”, which will consist of an opinioned commentary on current major sporting news (which cannot be read from a script) that will be videotaped by Station (see details below).  Sports Takes should be approximately 90 seconds in length (Sports Takes longer than 90 seconds will not be disqualified, but only the first 90 seconds will be judged).
2. A “Trivia Round” which will consist of answering trivia questions in rapid fire fashion from a Station air talent.  Station will notify Semi-Finalists prior to beginning of their Trivia Round of the expected length of this task.
3. An “Interview,” which will consist of unscripted questions with a local athlete (current or former), reporter, analyst, or Station Air talent.  Station will notify Semi-Finalists prior to beginning of their Interview of the expected length of this task.
4. A “Debate,” which will consist of unscripted commentary with a local athlete (current or former), reporter, analyst, or Station Air talent.  While questions can be included in the commentary, it’s purpose is to determine Semi-Finalist’s ability to deliver & support an opinion, as opposed to ask questions of the other party.  Asking questions will not disqualify Semi-Finalists but may result in negative commentary from the judges.  Station will notify Semi-Finalists prior to beginning of their Debate of the expected length of this task

 

1. At the conclusion of the first Live Event, Station staff and/or management will select four (4) “Finalists” from the sixteen (16) Semi-Finalists based on any lawful criteria the Station deems desirable Station deems desirable, including, without limitation, estimation of the relative overall effectiveness of participation, poise, commentary and/or humor, presence, and sports knowledge, subject to verification of eligibility and compliance with the Contest rules.

 

1. On March, 13, 2020 all four (4) Finalists must attend the “Grand Prize Event” taking place at ALX by Alexander's Steakhouse located at 680 Folsom St, San Francisco, CA 94107 and check in with Station staff between 2:00pm (PT) and 3:00pm (PT).  Finalists must check in by 3:00pm (PT) on March 13, 2020; any Finalist not checked in on time will forfeit their chance to win the Grand Prize.  Participation in the Grand Prize Event is not transferable, no proxies or stand-ins will be permitted. 

 

1. Starting at approximately 4:00pm (PT), one (1) at a time, each of the four (4) Finalists will compete in a variety of tasks live with Damon, Ratto & Kolsky on-air during the 4:00pm (PT) hour in front of three (3) Station judges, including but not limited to:

1. An “Interview,” which will consist of unscripted questions with a local athlete (current or former), reporter, analyst, or Station Air talent.  Station will notify Finalists prior to beginning of their Interview of the expected length of this task.
2. A “Debate,” which will consist of unscripted commentary with a local athlete (current or former), reporter, analyst, or Station Air talent.  While questions can be included in the commentary, it’s purpose is to determine Finalist’s ability to deliver & support an opinion, as opposed to ask questions of the other party.  Asking questions will not disqualify Finalists but may result in negative commentary from the judges. Station will notify Finalists prior to beginning of their Debate of the expected length of this task.

 

1. At the conclusion of the Grand Prize Event, Station staff and/or management and Station judges will select one (1) Grand Prize Winner from the Finalists based on any lawful criteria the Station deems desirable Station deems desirable, including, without limitation, estimation of the relative overall effectiveness of participation, poise, commentary and/or humor, presence, and sports knowledge, subject to verification and compliance with the Contest rules (the “Winner”).

 

1. One (1) “Prize” will be awarded in this Contest.  The verified Winner in this Contest will receive an offer of a thirty (30) day part-time on-air shift with the Station with the option to extend employment at the Station’s sole discretion.

1. If the Winner accepts such offer, the Winner will be required to (a) complete any and all applicable employment documents and forms (proof of citizenship, driver’s license, etc.…), and (b) may be required to sign a formal employment agreement with the Station which shall set forth the rights and obligations of the employee during such term of employment, including, without limitation, the following: as a temporary and part-time employee, the Winner will NOT be entitled to participate in any employment benefits (medical, dental , 401K, etc.) otherwise generally offered to Station full-time employees (except to the extent required by law).
2. Winner will be paid a minimum of twenty-five dollars ($25.00) per hour  (less required tax withholdings) and shall in no event work more than 24 hours per week unless additional hours are expressly agreed to in writing and in advance (in each instance) by the Station’s Vice President/Market Manager.  Winner will be compensated in an amount in compliance with state, local and federal wage and hour laws.  Winner will receive an IRS Form W-2 or other applicable tax document from Entercom for tax reporting purposes for the year in which any compensation is received or prize awarded.
3. Duties will be to co-host a minimum one (1) to three (3) hour live show on-air, in-studio on Saturday or Sunday as determined by Station, in its sole and absolute discretion.
4. Winner shall comply with all Station policies and applicable laws, perform his/her duties when and as instructed by Station management.
5. Winner is subject to termination for cause at any time during the term of employment or as defined in the employment agreement (if any) (reasons for “for cause” termination will include, without limitation, providing any services to any other media company during the term, failure arrive to co-host a show and/or suspected plagiarism).
6. In no event will intern be permitted to assign or delegate his/her work to any other person.
7. Station will not be obligated to use any of employee’s services but shall be required to compensate employee the minimum amount as set forth above or in the employee agreement until its expiration or earlier termination.  After the final Show the Winner will automatically cease to be an employee of the Station and must return all company property on or before such date.
8. In the event that the Grand Prize Winner refuses to accept such employment and/or refuses or fails to sign the employment agreement (if required as determined in the sole discretion of the Station) or complete other required employment documents by April 1, 2020, is terminated for cause at any time during the temporary employment period, or is disqualified for any reason, this prize and all associated benefits shall be forfeited and no alternative prize or cash equivalent will be provided.
9. With respect to compensation paid per Show and other employment benefits received, if applicable, the Grand Prize Winner will be subject to required payroll withholding and any tax imposed on such income/benefits by any local, state or federal taxing authority.
10. Winner must sign the KGMZ Dream Job Agreement “as is” in the form attached to these rules as Attachment A and will be bound by this Agreement and all other general employment policies and requirements of KGMZ.

 

1. The sponsor of this Contest is:  Entercom California, LLC d/b/a KGMZ-FM.

 

1. For all rounds of competition in this Contest and for the Winner:  Appearance on Station is subject to the following:  (a) all Station-required content will air during the Winner’s appearance, as determined in Station’s sole discretion (including, without limitation, Station IDs, commercials, promos, public service announcements, news, traffic and weather), (b) Station reserves the sole and absolute right to edit or bleep out any portion of the appearance, in whole or in part, in Station’s sole and absolute discretion, (c) IN NO EVENT MAY ANY ENTRANT, SEMI-FINALIST, FINALIST OR WINNER MENTION ANY BUSINESS, PERSON OR PLAY ANY MUSIC OR COMMERCIAL ON-AIR FOR WHICH HE/SHE HAS RECEIVED PAYMENT OR ANY OTHER FORM OF COMPENSATION FOR IN EXCHANGE FOR ON-AIR MENTIONS OR EXPOSURE. In the event that Station determines (in its sole discretion) that it should broadcast matters of important local, national or international significance during the time that any appearance by a Finalist or by Winner, Station reserves the right (but is not obligated) to reschedule such appearance and/or one or more of the subsequent appearances as a result thereof.

 

1. Entrants in this Contest may not violate any federal, state or local laws and may not harm or endanger themselves or other persons or property.  If the Station deems that an Entrant or a Winner may have created a public hazard, cheated, and engaged in improper activity, caused interference with or destruction of property and/or utilized public safety resources, such Entrant or Winner will be disqualified or, if applicable, terminated.

 

1. The Station is not responsible for any agreements made by Entrants/Winners, verbal or written, to others due to their participation in this Contest, and/or associated event or appearance with any person or entity.

 

1. Entrants acknowledge that this opportunity to participate and the associated prize/opportunity is not transferable by them to a third party nor is it redeemable for cash.  Entrants understand that if they do not provide the Station or its sponsor (as applicable) with their social security number that they may not be entitled to participate in the Contest and/or event or to receive any prize(s).  

 

1. This Contest is a Contest of skill and does not involve any element of chance and, accordingly, odds of winning are not applicable.

 

 

 

 

 

ATTACHMENT A

KGMZ DREAM JOB CONTEST

CONSENT TO USE OF LIKENESS & BIOGRAPHICAL INFORMATION, LIABILITY RELEASE AGREEMENT & ELIGIBILITY AFFIDAVIT

THIS INCLUDES A RELEASE OF LEGAL LIABILITY - READ BEFORE SIGNING!

 

For good and valuable consideration, the sufficiency of which is hereby acknowledged, received from Entercom California, LLC, d/b/a KGMZ (hereinafter referred to as “KGMZ”), including, without limitation, the opportunity to participate in the KGMZ Dream Job Contest, I, the undersigned, do hereby irrevocably acknowledge, agree and consent to the following:

 

(1)        KGMZ, its affiliates, parents, employees, agents and sponsors may use, in perpetuity, for advertising, commercial, promotional and/or any other purpose and on any medium (whether audio, video, print, internet or otherwise), my name, voice, photo, likeness and/or biographical information in connection with my participation in the Dream Job Contest without the payment of any additional compensation to me, including, without limitation, in any upcoming or future “Dream Job” internet website, or any other related product or promotion.

 

(2)        I assume all risks associated with my participation in this Contest and, if selected as the Winner of the Contest and except as otherwise required by law, with my participation as the Winner of the Dream Job.  By this document and in consideration of the opportunity and/or prize afforded to me in connection with my participation in said Contest, promotion and/or event, the receipt of which I hereby acknowledge, I remise, release, waive, and forever discharge and agree to indemnify and hold harmless KGMZ, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the Contest and/or event from any and all liability, claims, actions and damages including, but not limited to, any claims for personal injury and negligence arising in any manner whatsoever from (a) my participation in the said promotion, Contest, and/or on-air shift; and (b) the receipt and the use of any prize (including, without limitation, my role as an on-air talent, if applicable).

 

(3)        I REPRESENT AND WARRANT TO STATION THAT I EXCLUSIVELY OWN (OR HAVE OBTAINED A LICENSE FROM THE COPYRIGHT HOLDER TO) THE COPYRIGHT IN THE SUBMITTED PHOTOS AND VIDEOS (IT CANNOT BE “OWNED” IN ANY WAY BY ANY OTHER PERSON OR COMPANY WITHOUT OBTAINING HIS/HER EXPRESS CONSENT TO ENTER THIS CONTEST AND ALLOW STATION TO USE THE PHOTO AS CONTEMPLATED IN THE CONTEST RULES).  I REPRESENTING TO STATION THAT THE USE AND DISTRIBUTION OF SUCH PHOTO WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS.  I FURTHER REPRESENT AND WARRANT TO STATION THAT THE USE AND DISTRIBUTION OF SUCH PHOTOGRAPH(S) WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS IN OR TO THE PICTURE.  I AGREE TO INDEMNIFY STATION SHOULD ANY OF THE REPRESENTATIONS AND WARRANTIES MADE BY ME HEREIN OR IN THE APPLICABLE CONTEST RULES PROVE TO BE FALSE OR INACCURATE.

 

(4)        I hereby affirm that:

            (a)        I am at least twenty-one (21) years of age, that I am a resident of the state of California, that I am a legal United States resident or citizen, and I am not employed by KGMZ, its parents, affiliates or assigns, or any promotion, Contest and/or event sponsor or any radio station within a 100 mile radius of San Francisco.

            (b)        No immediate family or household member (including spouse, parents, grandparents, siblings, children, roommates, co-habituating partners, and grandchildren) is employed by KGMZ, its parents, affiliates or assigns, or any promotion, Contest and/or event sponsor or any radio station within a 100 mile radius of San Francisco.

            (c)        I had no knowledge that I would be selected to participate in or win in this promotion, Contest, or event at any time prior to my actual selection and/or being awarded the prize, and I had no prior contact with any representative of KGMZ or any judges or any person in any way connected with KGMZ, any sponsors or any judges on the basis of which I received information not generally available to the public, which was in any way helpful to me in being selected. 

(d)        I acknowledge and agree that I have been made aware that the complete copy of the Contest rules are available at https://957thegame.radio.com/rules and that I have the right, obligation and opportunity to read such Contest rules.   I  understand and agree that by my participation in this Contest I am agree to be bound by the requirements set forth in those Contest rules, including, without limitation, all of the restrictions and conditions associated with being a Station on-air talent, if I am so selected.

 

(5)        I hereby agree that I will be entirely responsible for all income taxes, including all state, federal and local (if applicable) on my participation in this promotion, Contest and/or event and will be subject to required tax withholdings if I am selected as a Station on-air talent.  

(6)        KGMZ is not responsible for any agreements made by me, verbal or written, to others due to my participation in this promotion, Contest and/or event with any person or entity.

 

(7)        I acknowledge that this opportunity to participate and the associated prize/opportunity is not transferable by me to a third party nor is it redeemable for cash, AND IS NOT AN APPLICATION FOR EMPLOYMENT, unless otherwise expressly set forth in the Contest rules for this Contest.  I understand that if I do not provide KGMZ or its sponsors (as applicable) with my social security number that I may not be entitled to participate in the promotion, Contest and/or event or to receive any prize(s).

(8)        If selected as a Station on-air talent, I agree to:

• Co-host a minimum three (3) hour live show on-air, in-studio on Saturday or Sunday as determined by Station, in its sole and absolute discretion.

I understand that KGMZ will retain exclusive ownership of all photos, audio recordings, and video recordings.

 

(9)        If I am requested by KGMZ and do co-host a live show on-air on the Station, I will receive (i) $20/hr for each hour worked.  

 

(10)       I understand and agree to the following if I am selected as a Station on-air talent:

• I will be, subject to the terms of the Contest rules, a temporary part-time employee of KGMZ
• As such, I will NOT be entitled to participate in any KGMZ employment benefits (medical, dental, 401K, etc...) otherwise generally offered to KGMZ full-time employees (except to the extent required by law). 
• I will automatically cease to be an employee of KGMZ on [insert start date], not earlier than [insert termination date] (“Termination Date”), and must return all company property or before the Termination Date.
• STATION IS NOT OBLIGATED TO PROVIDE ANY ME WITH ANY FOR-PAY OPPORTUNITIES NOR ANY MINIMUM NUMBER OF OPPORTUNITIES. 
• I hereby grant to KGMZ the exclusive right to commercial use of my name, biography, voice, recorded performance, picture, portrait, caricature and likeness both for informational purposes and in connection with the publicizing and advertising of KGMZ.
• I shall comply with all KGMZ policies and applicable laws, perform my duties where and when instructed by KGMZ management and shall be subject to immediate termination for cause prior to the Termination Date.
• I agree to keep in strict confidence at all times and to not disclose to any third party any sales, technical, financial, programming or other data or practices of KGMZ or its affiliated companies. 

 

(11)       I understand and agree that all copyright, trademark and/or other intellectual property rights of any kind developed by me while performing services to KGMZ and relating to or useful in the KGMZ business shall be deemed a “work for hire” and shall be and remain the sole and exclusive property of KGMZ, and I shall, to the extent deemed necessary or desirable by KGMZ, cooperate and assist KGMZ in perfecting, filing and recording any such rights.  My obligations under this Section shall survive the expiration or termination of this Agreement.

                                             

(12)       I represent and warrant that I am free to enter into and perform this Agreement with KGMZ and am not and will not be under any disability, restriction or prohibition, contractual or otherwise, with respect to:  (a) my right to execute this Agreement; (b) my right to grant all of the rights granted to KGMZ hereunder; and (c) my right to fully perform each and every term and obligation hereof.  I agree not to do or attempt to do, or suffer to be done, during or after the term hereof any act in derogation of or inconsistent with Company’s rights hereunder.

(13)       This Agreement may not be modified or amended except by a written instrument duly executed by the party against whom such modification or amendment is sought to be enforced.   I agree that terms of this Agreement shall be binding and shall be interpreted under and governed by laws of Washington without regard to the choice of law provisions thereof.  If any clause or provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then the remainder of this Agreement shall not be affected thereby and in lieu of such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable.

(14)       I have read the above and understand what I have read.  I acknowledge and understand that in signing this Agreement I will be legally bound.

 

SIGNATURE:                                                                           

 

DATE:                                                                                     

 

 

LEGAL NAME:                                                                         

 

ADDRESS:                                                                              

 

CITY, STATE, ZIP:                                                                   

 

PHONE NUMBER:                                                                   

 

EMAIL:                         @