By uploading my photos/videos (“Media” as defined below), entering my information, checking the boxes on the Greenfly form, and clicking UPLOAD, I (or the parent/guardian uploading the image or video on behalf of a minor) confirm my agreement to the following: 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I give NHL Enterprises, L.P., on behalf of itself, the National Hockey League, its member clubs, and their respective licensees, assigns, successors, partners affiliates, agencies, agents, designees, and sponsors, including Discover (collectively, “NHL”), the exclusive, irrevocable permission, authorization and/or license to make use of:  (1) the image(s) and/or video(s) I submitted to NHL (the “Media”); and/or (2) my name, my voice, my likeness, my performance and any other materials or biographical information that may be contained in the Media (“Likeness Rights”), as well as the name(s), voice(s), likeness(es), performance(s), and any other materials or biographical information of other people that may appear in my Media (“Third Party Likeness Rights”) (the “Likeness Rights” and the “Third Party Likeness Rights” are collectively referred to as the “Materials”) in connection with any content produced by or on behalf of the NHL in any and all media, whether now existing or hereinafter created, throughout the world in perpetuity.  I represent that I am the owner of and/or have the legal authority to control, sublicense, or otherwise grant all rights, including copyright and Third Party Likeness Rights, in and to the Media and the Materials.  I acknowledge and agree that I have no right to review or approve the Media and/or the Materials, or any content that they are incorporated within, before they are used by NHL, and that NHL has no liability to me for any editing or alteration of the Media and/or the Materials or for distortion or other effects resulting from NHL’s editing, alteration or use of the Media and/or the Materials, in whole or in part.  I acknowledge that NHL has the right to make commercial use of the Media and/or the Materials, including the right to monetize or sponsor the Media (and the Materials that are contained therein) or use the Media and/or the Materials in connection with paid media, when distributing the Media (and the Materials contained therein) on broadcast, digital, and social media platforms.  NHL has no obligation to use the Media and/or the Materials or to exercise any rights given by this Release. 

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights and remedies (including injunctive relief) relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the NHL’s exercise of its rights under this Release and the use and exploitation of the Media and/or the Materials and, whether resulting in whole or in part by the negligence of NHL or any other person, covenant not to make or bring any such Claim against NHL and forever release and discharge NHL from liability under such Claims.  I represent and warrant to NHL that NHL’s use of the Media and/or the Materials and the rights and license granted hereunder do not and will not violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity and that no consent or authorization from any third party is required in connection with NHL’s use of the Media and/or the Materials. I further represent and warrant that I am not subject to any collective bargaining agreement that may have jurisdiction or control over the Media or the Materials.  I further represent and warrant that I have secured permission, authorization and/or license to make use of the name(s), voice(s), likeness(es), performance(s) and any other materials or biographical information of any third parties that may be contained in the Media.

This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Release shall be brought only in the federal and state courts located in New York County, New York, and the parties hereby consent to the exclusive jurisdiction of such courts.

THIS RELEASE PROVIDES NHL WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING NHL TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR VIDEO, MATERIALS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE.