BOCOG announcement for children's smiling face photograph solicitation

COPYRIGHT OWNER STATEMENT AND CONSENT

This Copyright Owner Statement and Consent ("Statement") is being executed by the owner of the Photo(s) of the child identified on the Smiling Face Photo Information Form, which Photo(s) are being submitted to BOCOG in response to the BOCOG Announcement for Children's Smiling Face Photograph Solicitation ("Announcement").

By signing below, I, the legal copyright owner of the Photo(s) ("Copyright Owner"), agree to the following:

1. I fully understand and agree to the terms of the Announcement and this Statement and wish to submit the Photo(s) in accordance with such terms.

2. I represent that I am the photographer of the submitted Photo(s) and/or otherwise own the full and complete copyright of the Photo(s). I represent that all the information contained in the Smiling Face Photo Information Form ("Information") and all materials submitted by me are complete, true and correct.

3. I represent that, before submitting the Photo(s), I have obtained the consent of the Child in the Photo(s) and the Child's parent or legal custodian.

4. I agree that BOCOG and its designees shall have been granted the right to edit the submitted Photo(s) since the date of my submission of the Photo(s), including, without limitation, the right to edit, adjust, make changes to the background of the Photo(s) and otherwise modify the Photo(s), regardless of the effect of such modifications on the integrity of the Photo(s).

5. I hereby grant to BOCOG and its designees, starting from the date of my submission of the Photo(s), a royalty-free license to film, televise, transmit through informational networks, broadcast, publish, publicly display and perform, reproduce, distribute, lend, prepare derivative works of, edit, compile, combine with other works and materials, and otherwise use and exploit (or cause others to use and exploit) the Photo(s), in all formats, manner and media, now known or hereafter devised, throughout the universe and at no charge, in connection with the Ceremonies of the Games. I agree that I will not grant public use of the Photo(s) submitted to anyone else prior to December 31, 2008, Beijing time.

6. I understand that BOCOG (a) collects and stores the Photo(s) and the Information in Beijing, China, (b) will use the Information only for internal purposes and to communicate with myself, (c) will not share the Information with any other third parties, and (d) after the close of the Games, will destroy or permanently delete the Photos that are not used for the Ceremonies, along with the Information submitted with them.

7. I hereby warrant that I have the full power and authority to execute this Statement, to grant the rights and licenses granted herein, and otherwise to perform the obligations herein. Further, I hereby warrant that the Photo(s) have never been used or displayed in public for commercial purposes, and that I have not granted to any third party any rights to use or display the Photo(s) for commercial purposes. In addition, I hereby warrant that the Photo(s), or any parts therein, do not violate or infringe any privacy, publicity or intellectual right of any party. I hereby irrevocably (a) waive, for the benefit of BOCOG and its designees, and agree not to asset, any "moral rights of authors" and "droit moral" rights and any similar or analogous rights under the applicable laws of any country and jurisdiction in the world; and (b) waive any and all claims, of any nature whatsoever, against BOCOG and its designees, which claims I now or may hereafter have for infringement of the Photo(s).

8. I agree to promptly execute any additional agreement or document, if deemed necessary by BOCOG, which may include covenants and warranties pertaining to the use of the Photo(s).

9. I agree that this Statement and the Announcement shall be construed in accordance with the law of China. In case of any dispute arising out of or in connection with this Statement, the parties hereto shall first endeavor to solve it through consultation with each other. If consultation fails after thirty (30) days, I agree to solve the dispute through arbitration proposed by BOCOG; in this case, either party may submit the dispute to the China International Economic and Trade Arbitration Committee for arbitration in Beijing in accordance with its rules then in effect.

10. This statement shall take effect upon my signature.

By signing below, I agree to the terms and conditions of this Copyright Owner Statement and Consent.

Name of Copyright Owner:

Signature of Copyright Owner:

Date:

Filename of Photo(s) saved in JPG Format: