GRANT OF RIGHTS. By submitting a photograph or any other material (including, without limitation, vocal messages, text messages, or text) (each a "Submission"), I hereby grant to OMX, Inc., its subsidiaries and affiliated companies and each of their respective licensees, successors and assigns (collectively, "OfficeMax"), the unlimited right and permission to use the Submission or any part thereof (including, without limitation, my name, screen name, instant message name, or email address) throughout the universe, in perpetuity, in any manner or venue and for any purpose whatsoever, including, without limitation, for purposes of advertising, promotion or trade in promoting and publicizing OfficeMax and its products and services, by means of any and all media and devices whether now known or hereafter devised, which includes, without limitation, the unlimited right and permission to post the submission on the [reindeer.com, elf.com, pole.com, etc.] websites (collectively, the "Websites"). OfficeMax shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate or alter the Submission in any manner for any purpose which OfficeMax deems necessary or desirable, and I irrevocably waive any and all so-called moral rights I may have in the submission and I agree I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, voice, and biographical information. GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By submitting my Submission, I agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgements and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damage multiplied or otherwise increased. I acknowledge and agree that OfficeMax is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with OfficeMax or otherwise, that may limit my ability to upload my Submission; and/or (ii) any injury or damage resulting from making the Submission (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses or damages related to or based on my rights of publicity or privacy, or a claim that I have somehow been defamed or portrayed in a false light).