MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
WAIVER AND RELEASE OF ALL LIABILITY
(My Lottery Rewards™ Points for Drawings® Registrant – Drawing Entrant)
In consideration of the promises and mutual covenants and benefits contained herein, and other good and valuable consideration, including but not limited to receipt of any Maryland State Lottery and Gaming Control Agency or any successor entity ("Lottery") My Lottery Rewards™ Points for Drawings® drawing ("Drawing") prize (collectively and/or separately referred to as, "Prize"), whether won by me or someone else, both the receipt and legal sufficiency of which I hereby acknowledge, I, the Drawing Winner identified below (herein, "Winner", "I", "me", "my", or "myself"), being of lawful age, for and on behalf of myself, my spouse, my partner, any guest, any attendees, individuals who partake of the Prize in my stead, any other individual(s) who partake of, use, or are affected by the Prize, anyone relying on me for support, anyone entitled to act on my behalf, as well as my legal representatives, personal representatives, executors, heirs, administrators, assigns and insurers (jointly "Releasors" and severally, "Releasor"), hereby:
- Acknowledge, understand, agree, and represent that: I am the Registrant and if I win I will be the winner of the Prize in the Drawing; unless the Drawing rules for a Drawing ("Drawing Rules") provide otherwise, MDI Entertainment, LLC ("MDI") will provide the Prize and will complete fulfillment of the Prize; the value of the Prize is subject to change; I am solely responsible for all tax liabilities, including income taxes, all service charges and all other expenses incurred in connection with the receipt of the Prize; for tax and other purposes, I agree to accept the estimated value of the Prize provided by MDI or the Lottery; if I owe State Obligations, which include but are not limited to child support and/or certain other obligations to a State agency or other governmental entity, then I must pay those outstanding State Obligations ; all amounts paid to me or on my behalf will be included in my reportable income and I understand that I will be and I agree to be taxed on those amounts; and if for any reason the Prize (or any portion thereof) cannot be awarded or if the Lottery determines to make a change, I agree, for and on behalf of myself and all Releasors, to accept any substitute prize of approximately equivalent or greater value (as determined by the Lottery) provided by MDI or the Lottery, or any rescheduling of the Prize, and to not assert any right or remedy on account of any substitution or rescheduling; additionally, a) if the Prize is valued at over $600 and is a merchandise, experiential, or Trip Prize , then I must pay those outstanding State Obligations in order for the Prize to be awarded to me; if any of those outstanding State Obligations are not paid off within five (5) business days (or if the Drawing Rules provide a different amount of time, then in the amount of time stated in the Drawing Rules) of my claiming the Prize, then I will be disqualified, the Prize will not be awarded to me, and an alternate winner will be selected; or b) if the Prize is a cash prize, then the Prize will be applied to my unpaid State Obligations, I will be taxed on the value of the cash prize, and I might owe further amounts. I represent for and on behalf of myself and all Releasors that I am eighteen (18) years of age or older and that I am not i) a member of the Maryland State Lottery and Gaming Control Commission ("Commission"), an officer or employee of the Lottery, or of any of the Lottery's vendors, including its advertising agencies, its broadcast station (WBAL-TV), MDI, or any parent, affiliate, subsidiary, or subcontractor of any of them, and/or ii) a member of the immediate family (spouse, domestic partner, child, parent, parent-in-law, or sibling) living in the same principal residence as any of the above members, officers or employees.
- Agree to accept the Prize subject to all terms and conditions of the Drawing's Official Rules and Conditions of Eligibility ("Rules") and of this Waiver and Release of All Liability ("Waiver and Release"), which I have read in full; agree to accept the Prize as is; and acknowledge that the Lottery makes no representations or warranties, express or implied, about any of the Prize. Further, I represent that I have complied with all the rules, conditions, and regulations of the Drawing and Rules and that I have perpetrated no fraud or deception in entering the Drawing or in claiming the Prize. I further acknowledge, understand, and agree, for and on behalf of myself, any and all of my guests, and all other Releasors, that if I am not able or do not elect to accept, receive, or participate in the Prize for any reason whatsoever, I am not entitled to make, and hereby release each Indemnitee (defined below) from, any claim for any alternate or substitute prize or any compensation in any form in lieu of the Prize; and that the Prize is not redeemable for cash, is not refundable, is not exchangeable, and is subject to availability, and may not be sold.
- Acknowledge that I am aware of the following facts: The Prize, and each portion of it, involves certain inherent risks, dangers and hazards that can result in injury to property and/or persons, and serious personal injury, or death, including but not limited to, risks involved in attending and/or participating in sports, using mechanical equipment, interacting with other people, ingesting food or drink, acts of God, war or other violence, and acts of terrorism or civil disturbance, and participation in activities, including all potential activities and purchases related to this Prize. I freely agree, for myself and for each Releasor, to assume and accept all known and unknown risks of injury arising out of the Prize.
- Freely assume for and on behalf of myself and all Releasors all risk of injury to my person or property, and the person or property of any Releasor and of any other individual, person, or entity (jointly or severally, "Person") resulting from my or any Releasor's acceptance or use of the Prize, however caused, whether intentionally or unintentionally, whether due to the act, omission or negligence of any Person including an Indemnitee, and whether occurring prior to, during or after any acceptance or use of the Prize, or any related activity. I and each Releasor expressly release, waive, and discharge each and every Indemnitee from any and all liability to me and to any and all Releasors and other Persons from any and all loss or damage, and any claims and damages resulting from the use of the Prize, on account of injury to my person or property, and/or to the person or property of any Releasor and/or any other Person, even injury resulting in my death and/or the death of any Releasor and/or any other Person, whether caused by the negligence of any Indemnitee or any other Person or otherwise as a consequence of the Prize or while I am, or any Releasor or any other Person is, in any manner engaged in any activity as a result of or related to use of the Prize. Indemnitee (defined below) shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omission whatsoever by any Indemnitee or any other Person providing any services or accommodations to me or to any Releasor or any other Person, including any results thereof such as changes in services or accommodations necessitated by the same.
- Release, acquit, and forever discharge each Indemnitee of and from any and all actions, causes of action, claims or demands for damages, costs, loss of use, loss of services, expenses, compensation, consequential damages or any other thing whatsoever including claims for contribution on account of, or in any way growing out of, any and all known and unknown, liquidated or unliquidated, foreseeable or unforeseeable personal injuries including death and/or property damage resulting or to result from use of the Prize, even as sthe result of negligence of any Indemnitee or any other Person. I, on behalf of myself and each Releasor, acknowledge and assume all risk, change or hazard that any such injuries or damages that may occur may be or become permanent, progressive, greater, or more extensive than is now known, anticipated or expected. No promise or inducement that is not herein expressed has been made to me or to any Releasor, and in executing this Waiver and Release, I do not rely on any statement or representation made by any Person hereby released.
- Agree and promise to indemnify, hold harmless, and defend each Indemnitee that is sued and/or made a party to any claim or proceeding which is initiated or brought by me, any Releasor, or any other Person or on my or their behalf, arising out of the Prize or arising out of any medical or other treatment rendered in connection with any injury or any potential injury arising out of the Prize against any and all costs, expenses and losses, including counsel fees, even if the suit, claim, or proceeding is based on the negligence of any Indemnitee or any other Person.
- Understand and, acknowledge that the Lottery and MDI are providing the Drawing and/or Prize for promotional purposes and hereby grant, consent and agree to the following, without limitation and without further compensation: a) to publicity and to have my and/or any Releasor's name, likeness, photographs, and/or hometown, and/or state, as well as descriptions or accounts of the Drawing and/or Prize and my and/or any Releasor's participation therein or use of the Prize in any and all media, including hometown publications, airings on TV, radio, text messages, social media such as Facebook, Twitter and YouTube, and in other media and in other publicity, as well as used in Lottery publications and advertisements, Lottery mailings, and/or other Lottery-related activities, including mailing lists, b) to participate in a prize presentation ceremony as determined by the Lottery, c) to sign news and press release forms, d) to sign waivers and releases of all liability, and e) to ensure that any guests of Winner and/or any other Releasors also sign waivers and releases of all liability and/or news and/or press release forms. I and each Releasor hereby assign to the Lottery any and all rights that I and/or any Releasor(s) may have in any of the above.
- Acknowledge, understand, and agree that Drawing Rules may require additional waivers and releases of all liability to be signed by me and each Releasor, and I agree to sign and to ensure that any required Releasors sign any additional waivers and releases of all liability.
- Agree that if any Indemnitee is adjudicated to be a joint tortfeasor with any other Person, including another Indemnitee, as to any claim arising out of, relating to, or resulting from use or acceptance of the Prize or from any other reason, then any award against that Indemnitee will be reduced by the pro-rata share of the award attributable to any other Person. Without limitation of the foregoing, I and each Releasor agree to return the Prize, or otherwise compensate the Lottery if any statement made by me in this Waiver and Release is false, or if I or any Releasor breach(es) any of the terms or conditions hereof.
- Agree that the laws of Maryland, except conflict of law principles, shall govern the interpretation and enforcement of this Waiver and Release.
- Agree that I am and each Releasor is responsible for and that no Indemnitee has any obligation to pay any judgment, settle any claim, or provide legal counsel or defense or pay any attorneys' fees to me, any Releasor or any other Person, in the event that a suit, claim, or action of any character is brought by any Releasor or any other Person against me, any guest, any other Releasor, or any other Person including any Indemnitee as a result of or relating to my or any guest's or any other Releasor's or any other Person's use of the Prize or as a result of any other reason.
- Agree: that if I choose to have any guest(s) share this Prize, it is my responsibility to ensure each and every guest agrees to and accepts all of the terms, conditions, waivers and releases in this Waiver and Release as if they had signed; and to have all guests read this Waiver and Release. I understand that as further consideration to me and my guests, I am not being required to fulfill the usual requirement of having each and every guest sign a waiver and release of all liability; however, if requested or required, I shall ensure any guest and/or any Releasor sign(s) a waiver and release of all liability.
- Acknowledge, understand and agree that the Lottery reserves the right to amend, change, modify, update, revise, add to, or remove any portion or all of this Waiver and Release at any time by providing notice through the My Lottery Rewards website.
- Having read this Waiver and Release and in consideration of Lottery's role and MDI's role in providing the Drawing and/or Prize, I, for myself and any and all Releasors, hereby expressly and completely release and discharge the following, defined collectively and separately as "Indemnitee": the Lottery, the Maryland State Lottery and Gaming Control Commission ("Commission"), the State of Maryland, and the affiliates, successors, assigns, owners, officers, officials, directors, employees, members, agents, representatives and independent contractors of each of them, and any other Persons involved in conceiving, offering, or holding the Drawing (however, I acknowledge that the Lottery, the Commission, the State of Maryland, and their members, officials, officers, and employees have no role in providing the Prize) from, and waive as against each Indemnitee, and agree to indemnify, hold harmless, and defend each Indemnitee against, any and all claims, causes of action, damages, costs, expenses (including reasonable attorneys' fees), liabilities, and losses of any kind whatsoever which may arise out of, relate to or result from my or any Releasor's acceptance or use of the Prize or from any other reason. In further consideration of not being required to provide the Lottery with waivers and releases of all liability signed by each of my Releasors, and my Releasor's not being required to sign them, I have signed this Waiver and Release on behalf of myself and on behalf of each of my Releasors.
- This Waiver and Release contains the ENTIRE AGREEMENT between each Indemnitee and me (and between each Indemnitee and all Releasors) regarding the issues addressed, and the terms of this Waiver and Release are contractual and not a mere recital. I further state that I have read carefully the foregoing Waiver and Release and know the contents thereof, and that I sign this Waiver and Release as my own free act and deed.