2013 PADI “Ask Any Diver” Marketing/Advertising Campaign

Video and Photo Submission Terms and Conditions

Anyone who is 13 years of age or older may submit their self-made videos and photos for use by PADI Americas, Inc., its affiliates, and/or its designee(s) (“PADI”) in PADI or PADI-related global advertising. By submitting your photo or video (hereinafter “Image”), you give PADI unlimited rights to use the Image for any PADI use, including, but not limited to marketing, advertising and publicity, subject to PADI’s Privacy Policy available at padi.com. By submitting an Image to PADI, you will be deemed to have made the following representations, upon which PADI will have the right to rely: you have read understand and agree to these terms and conditions; the submitted Image(s) was/were created by you; you are the copyright owner of the Image(s) and any other media and copyrightable material (including, but not limited to, scripts, content and music) submitted by you, or you have the legal right to use and transfer rights in such media; you have the right to sublicense such rights to PADI and/or PADI’s designee for the purposes of this Agreement; PADI's copying, publishing, displaying and/or other exploitation of the Image(s) will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; you agree to allow use of your name in publicity or advertising without compensation; you agree to pay for all royalties, fees, and any other monies owed by reason of any content in any Image submitted to PADI; and you understand and agree that PADI shall have no obligation to copy, publish, display or otherwise exploit the Image(s), nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the Image(s).

By submitting your Image, you grant PADI a non-exclusive, royalty free, non-cancelable, perpetual unlimited license to use your Image(s) globally, in advertising and publicity and for any other PADI use, without compensation, where permitted by local law. Such exposure may include, but is not limited to, PADI YouTube Channel and related scuba YouTube Channels, Facebook & Twitter. Although you will retain the copyright to your Image(s), you give PADI the right to modify your submitted Image(s), create derivative works from your Image(s) combine it with other PADI-owned or third-party owned Image(s) and file copyright registrations that may include your Image(s) or portions of your Image(s). Further, you give PADI the right to publish and republish, broadcast and rebroadcast, and distribute and redistribute your submitted Image(s), in whole or in part, for use in articles, advertising, or for any other purposes in printed, electronic or any other media including, but not limited to, magazines, books, newsletters, websites, CD-ROMs, DVDs, tapes and other forms of still or motion media, including media that may not exist currently, but that is developed in the future. You authorize PADI or its designee the right to use your submitted Image(s) without notice to you. You grant PADI the right to sublicense these rights, permanently or temporarily, to any person, agent, entity or company. You grant PADI or its designee the right to alter, enhance or edit your submitted Image(s) through photographic, computer or other means, whether known or hereafter developed.

You release and discharge PADI and its affiliates, assigns, agents and all persons acting under their permission and authority, from and against any liability as a result of this Agreement, including but not limited to liability caused by any distortion, blurring, alteration or optical illusion that may occur in the taking of the photographs/video or in processing, reproduction or editing of the finished Image(s). Your further agree to defend, indemnify and hold harmless PADI and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, expenses and attorneys’ fees arising from or in connection with the contents of your Image(s). You also waive any right to inspect the Image(s) in its/their original, enhanced, or edited form prior to publication, duplication, broadcast or other use in any form of media.

You agree that no payment or other compensation other than publication of your submitted Image(s) will be paid to you now, or in the future. PADI may or may not attribute the Image(s) to you by name, as PADI shall decide at its sole discretion.

How will PADI store my Image(s)? PADI will store your submitted Image(s) on PADI’s secured servers for access only by authorized users, such as PADI’s US office and PADI’s branch offices located in Australia, Canada, Japan, Switzerland and the United Kingdom.

By agreeing, you confirm that you have read and hereby consent and agree to the above terms and conditions in their entirety.