1-888-TINDER-X TERMS AND CONDITIONS (“TERMS”)

THE GIST

By leaving or making available a voicemail or audio recording on 1-888-TINDER-X (the “Recording”), you acknowledge and confirm that you are 18 years of age or over, that you have read and understood these entire Terms and accept its contents, and agree that Tinder can use your voice, your likeness, your phone number (to call you back), and the Recording in its promotional materials, and in accordance with Tinder’s Privacy Policy.

THE DETAILS

For purposes of these Terms, “you” and “your” means you as the participant in this Campaign (defined below). For good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you agree as follows:

  1. You hereby grant to Match Group, LLC (“Tinder”) and its officers, directors, employees, agents, parents, subsidiaries, affiliates, licensees, successors, and assigns, and others working for each of them or on their behalf (collectively, the “Permitted Parties”) the right and permission to use, film, photograph, videotape and/or record your name, voice, phone number (to call you back), and/or likeness at one or more audio, photo, or video shoots for the production currently entitled “1-888-TINDER-X” (the “Campaign”) and to use the resulting film, photographs, videotapes and/or recordings, edited or altered by the Permitted Parties as they see fit (collectively, the “Content”), and your appearance, voice, name, likeness, biographical information, photographs, personal characteristics and other personal identification (collectively, “Likeness”), combined with any other person, name or material that the Permitted Parties so choose, to create an unlimited number of materials, including, without limitation, advertising, marketing, and promotional materials (collectively, the “Materials”) in connection with general advertising and promotion for Tinder. You agree that the Materials may be used by the Permitted Parties in perpetuity in any manner, venue, format or media (whether now known or hereafter devised), throughout the world, for any lawful purpose, including, without limitation, for purposes of advertising. you understand that nothing herein shall obligate the Permitted Parties to make or use any Materials. For more information about Tinder’s privacy practices and how it may use the information collected about you or your Likeness in the Content and/or Materials, please consult Tinder’s Privacy Policy.

  2. In consideration for the rights you are granting herein, you agree to waive payment (including any excerpt, re-use and residual payments) and you agree to waive any further receipt of royalties or other compensation. You further acknowledge and agree that the consideration you may receive for the Permitted Parties’ use of the Materials and/or the Permitted Parties’ exercise of their rights under these Terms is the opportunity for publicity that you may receive if the Permitted Parties decide to use any Content or your Likeness in the Materials.

  3. You understand that you are an independent contractor, and not an employee of Tinder. Any contributions you make to the Materials shall be a work-made-for-hire for Tinder for copyright purposes, or if held not to be a work-made-for-hire, you hereby assign to Tinder all right, title and interest in and to the Materials. You further agree that you shall have no right of approval and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, alteration, blurring, faulty reproduction, or fictionalization of my image, picture, likeness and/or voice. In addition, you hereby waive the benefit of any provision of law known as droit moral or moral rights, or any similar or analogous law or decision in any country of the world. You also hereby waive any right to enjoin or interfere with the production, distribution or exploitation of any Materials.

  4. If you use twitter, Instagram, Facebook and/or any other social media platforms and want to tweet and/or post anything about the Campaign, Tinder has your permission to retweet and/or share your posts and tweets on Tinder’s Facebook, Instagram and twitter channels and any of Tinder’s other social media platforms.

  5. You understand and hereby acknowledge and hereby waive and release any and all rights, demands, losses, liabilities, claims and causes of action whatsoever which you may now have or later be entitled to assert against any of the Permitted Parties, including without limitation any death, injury, loss of enjoyment or other harm or loss of any nature whatsoever caused by, contributed to, or arising out of the Campaign provided to me hereunder.

  6. YOU HEREBY ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE ENTIRE TERMS. You further acknowledge that you have the authority as a competent person over the age of majority in your home state to enter into these Terms.

  7. It is understood and agreed that this is a complete RELEASE and DISCHARGE of all of your claims and rights against the Permitted Parties and that no action will be taken by or on behalf of you with respect to any such rights, it being understood that these Terms shall also be binding upon your heirs, executors, and administrators.

  8. These Terms shall be governed by the laws of the State of Texas, other than its conflict laws, and any action to enforce it shall be brought exclusively in the courts located in Dallas County, Dallas. You hereto irrevocably submit to the jurisdiction of such courts and agree to waive any objection that such courts are an inconvenient forum.