When you submit a photograph in connection with Dagne Dover’s customer loyalty program, you retain your rights to your photograph. However, by submitting a photograph, you grant Dagne Dover (and those authorized by Dagne Dover) a royalty-free, worldwide, perpetual , non-exclusive, transferrable, and sublicensable license to publicly display, distribute, reproduce, and create derivative works of the submitted photograph, in whole or in part, in any media now in existence or later developed, for any purpose, including but not limited to, advertising and promotion of Dagne Dover, its website, social media pages, and commercial products. You also agree to irrevocably waive all right of integrity and any other rights to the photograph under Section 106A of the Copyright Act, commonly known as “moral rights,” and, to the extent this waiver is not permitted by applicable law, you agree not to enforce any such moral rights against Dagne Dover or any individual or entity it authorizes to receive copies of the photograph. Any photograph reproduced will include a credit to you and/or your social media username as feasible. Photographs distributed by Dagne Dover on social media may also grant the respective social media platform a license to use the photographs, as described in further detail in each platform’s respective terms of service.

You also grant us the right to use your name, image, likeness, biographical information (if provided), social media username (if provided), and any other information about you that you provide in connection with your submission of a photograph or the creation and maintenance of your customer loyalty account in connection with the photograph and any derivative works created of the photograph for any purpose, including but not limited to, advertising and promotion of Dagne Dover, its website, social media pages, and commercial products.

By submitting a photograph, you represent and warrant that you are at least eighteen (18) years of age and have the full right, power, and authority to enter into this agreement and grant the above license and rights. If the photograph incorporates any person other than yourself, you represent and warrant that you have obtained the permission of each represented person to submit the photograph and to grant the license, rights, and waivers described above on their behalf. You further represent and warrant to Dagne Dover that I will provide only true and correct statements and other information in connection with my submission (including but not limited to the fact that the Dagne Dover products depicted are my own and any opinions expressed about such Dagne Dover products are current, accurate, and truthful and made of your own free will), and that Dagne Dover and its licensee’s use of the photograph and the rights and licenses you grant do not, and will not, violate any intellectual property right (including, without limitation, copyright, trademark, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to any person or entity and that no consent or authorization from, or any payment to, any third party is required in connection with the submitted photograph. You further agree to defend, indemnify, and hold harmless Dagne Dover and its licensees from and against all claims by third parties resulting from your breach or alleged breach of this agreement or any of these representations and warranties.

Dagne Dover will not be required to pay any additional consideration, royalty, payment, or other compensation or to seek any additional approval from you in connection with the license and rights granted or permitted uses described above.