AFFIDAVIT OF ELIGIBILITY / LIABILITY & PUBLICITY RELEASE / INDEMNIFICATION AGREEMENT

USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS EVENT. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS.

I, _______________________________________, am submitting this affidavit, release and indemnification agreement (“Release”) on behalf of ___________________ (“Child”), of whom I am the parent or legal guardian, to CMG NY/Texas Radio, LLC d/b/a CMG San Antonio (“Sponsor”) with the understanding that it will be relied upon in connection with the Y100 Coloring Book Contest (the “Event”).

I. Eligibility. I hereby affirm that I am a legal resident of the State of Texas and I am 18 years of age at the time of my Child’s participation in the Event. I further affirm that my Child does not belong to or is not affiliated with a professional acting, theater, or filmmaking organization, such as SAG or AFTRA, or any other entertainment industry union. I further affirm that I and my Child have committed no fraud or deception in entering or participating in the Event. I agree to return immediately to Sponsor any prize or the value of any prize that may be awarded to me on behalf of my Child if any statement made by me in this Release is false.

II. Liability Waiver, Release and Covenant Not to Sue. I HEREBY AGREE, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ON BEHALF OF MY CHILD AND HIS OR HER HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, TO FOREVER WAIVE, DISCHARGE, AND FULLY RELEASE SPONSOR, CMG MEDIA CORPORATION, BLUEBONNET CHRYSLER DODGE, LLC, San Antonio Livestock Exposition, Inc., AND ALL OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, PRIZE DISTRIBUTORS, CONSULTANTS, CONTRACTORS, AND LEGAL, ADVERTISING, PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL RIGHTS, CLAIMS, COSTS (INCLUDING ATTORNEYS’ FEES), EXPENSES LIABILITIES, INJURIES, LOSSES, DAMAGES, AND CAUSES OF ACTION WHATSOEVER (COLLECTIVELY, “LOSSES”) THAT I OR MY CHILD MAY HAVE OR THAT MAY LATER ACCRUE TO ME OR MY CHILD ARISING OUT OF THE EVENT. THIS WAIVER AND RELEASE COVERS, WITHOUT LIMITATION, ANY LOSSES WHATSOEVER, WHETHER DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES FOR PERSONAL INJURIES; DEATH; DAMAGE TO, LOSS OF, OR DESTRUCTION OF PROPERTY; LOSS OF ENJOYMENT; RIGHTS OF PUBLICITY OR PRIVACY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT; OR ANY OTHER HARM WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH: (A) THE EVENT; (B) MY OR MY CHILD’S TRAVEL TO OR FROM, OR ATTENDANCE AT, ANY EVENT-RELATED ACTIVITY; AND (D) ANY LOSSES RELATING TO THE EXERCISE OF THE RIGHTS GRANTED HEREIN. ON BEHALF OF MYSELF AND MY CHILD, I ACKNOWLEDGE THAT THIS RELEASE COVERS, WITHOUT LIMITATION, ALL UNKNOWN, UNFORESEEN, UNANTICIPATED, AND UNSUSPECTED LOSSES, AND THE CONSEQUENCES THEREOF, AS WELL AS THOSE NOW KNOWN TO EXIST. ON BEHALF OF MY CHILD AND MYSELF, I HEREBY EXPRESSLY WAIVE THE PROVISIONS OF ANY FEDERAL, STATE, OR LOCAL LAW PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO LOSSES THAT ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME TO ME.

III. Publicity Release and Grant of Rights. I hereby irrevocably grant to the Released Parties the absolute right and permission to use my and my Child’s name, address, city and state of residence, biographical information, voice, actions, photograph, likeness, appearance, interviews, evaluations, opinions, and any other information contained in, derived from or otherwise obtained by Sponsor in connection with my participation in the Event (collectively, the “Materials”) in any manner or media whatsoever, now known or hereafter created, worldwide, for any commercial, publicity, or promotional purpose. On behalf of myself and my Child, I acknowledge and agree that I and my Child shall have no right of approval, no claim to any compensation, and no claim arising out of any use of the Materials.

IV. Disclaimer of Warranties. ON BEHALF OF MYSELF AND MY CHILD, I acknowledge AND AGREE THAT THE EVENT IS PROVIDED “AS IS” AND that Sponsor does not exercise any control over, and does not make any representations or warranties (express or implied) concerning, the EVENT. ON BEHALF OF MYSELF AND MY CHILD, I understand that SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, i understand that THE ABOVE LIMITATION MAY NOT APPLY TO me AND MY CHILD. ON BEHALF OF MYSELF AND MY CHILD, i agree that, IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

V. Indemnity. On behalf of myself and my Child, I hereby agree to indemnify and hold harmless the Released Parties from and against any and all Losses, whether such Losses are caused by the active or passive negligence of the Released Parties or otherwise, that the Released Parties may incur by reason of: (a) my and my Child’s participation in the Event, including infringement claims arising out of any entry into the Event; or (b) my or my child’s travel to or from, or attendance at, any event-related activity.

VI. Miscellaneous. If any terms or provision of this Release shall be determined or found to be invalid or unenforceable by any court of competent jurisdiction, then such term or provision shall be deemed severed from the balance of this Release, which shall continue in full force and effect as if any such term or provisions had not been contained herein.

My Child and I will maintain my behavior in accordance with all applicable laws and generally accepted social practices in connection with my participation in the Event. I understand and agree that Sponsor has the right, in its sole discretion, to decline to allow me or my Child to participate in the Event if my behavior at any point is disruptive, may or does cause damage to person, property or the reputation of Sponsor, otherwise violates any applicable laws or policies, or for any other reason.

I also acknowledge that the Released Parties have not arranged and do not carry any insurance of any kind for my benefit or that of my children, parents, guardians, trustees, heirs, executors, administrators, successors or assigns relative to my acceptance, use or misuse of any travel or activity, and that I am solely responsible for obtaining and paying for any life, travel, accident, property or other insurance relative to my or my Child’s participation in any event. On behalf of myself and my Child, I hereby waive any and all rights of exemption, both as to real and personal property to which I or my Child may be entitled under the laws of any state, as against any such claim for reimbursement or indemnity.

If any term of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Release or invalidate or render unenforceable such term in any other jurisdiction.

I CERTIFY THAT ALL INFORMATION I SUBMIT IN THIS RELEASE IS TRUE AND CORRECT. I HAVE READ THE FOREGOING RELEASE PRIOR TO ITS EXECUTION AND THAT I FULLY UNDERSTAND ITS CONTENTS. I HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY REPRESENTATIONS OTHER THAN THOSE STATED HEREIN AND IN THE OFFICIAL RULES OF THE EVENT.

Child’s Signature: Date:

Child’s Name:

I represent that I am the parent or legal guardian of the Child listed above and I agree to the terms of this Release on his/her behalf.

Signature: ___________________________________

Name: ______________________________________

Address: _________

Phone Number:

0144325.0730070 4912-6494-8757v2

©2021 Cox Media Group