RELEASE, WAIVER OF LIABILITY AND ASSUMPTION OF RISK (“Release”)
By participating in the [Regifting Remade] promotion (“Promotion”), I hereby:
- agree to abide by any warnings and follow any safety instructions and directions that accompany any product(s) I receive in connection therewith (each, a “Product” and collectively, “Products);
- acknowledge that the Products are potentially hazardous and may involve certain risks, including the risk of serious bodily injury, death and property damage;
- assume full and sole responsibility for bodily injury, death and/or property damage arising out of or related to the Products, whether caused by the negligence of the Releasees (defined below) or otherwise;
- release, waive, discharge and covenant not to sue Tyson Foods, Inc., its agents and subcontractors (including, without limitation, The Ogilvy Group, LLC), the Sponsor and Administrator of the Promotion, the manufacturer of any Product, the parent and affiliated companies of each of the foregoing entities, and the officers, directors, agents, employees, successors and assigns of each of the foregoing entities (collectively, “Releasees”), from and against any and all claims, losses or damages of any nature (including, without limitation, bodily injury, death, property damage, emotional pain or distress), and any claim or demand therefor, arising out of, resulting from or in any manner related to any Product or the use thereof (including, without limitation, injury to me, any other person, my pet(s) or any other animal(s), whether caused by the negligence of the Releasees or otherwise);
- agree to assume full and sole responsibility and liability for injury to all persons (including myself), my pet(s) and any other animal(s), and damage to all property, including the injury, death and/or loss of use therefrom, arising out of, resulting from, or in any manner related to any Product or the use thereof (including, without limitation, injury to me, any other person, my pet(s) or any other animal(s), whether caused by the negligence of the Releasees or otherwise). I agree to defend and indemnify the Releasees against all claims, damages, liabilities and/or expenses incurred by them (including legal fees and disbursements) as a result of injury to any person or animal, and damage to any property, including the loss of use therefrom, arising out of, resulting from, or in any manner related to my receipt of any Product or the use thereof; and
- acknowledge and agree that this Release extends to all acts of negligence by the Releasees and is intended to be as broad and inclusive as is permitted under applicable laws, and that if any portion thereof is invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT HERETO TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
[I AGREE TO THE FOREGOING]