Terms & Conditions
ORBERA® Patient Story Submission Terms and Conditions October 1, 2015
These terms and conditions are made by and between Apollo Endosurgery, Inc., with an office located in Austin, Texas (hereinafter referred to as “Apollo”), and the Patient (hereinafter referred to as “Patient”).
For good and valuable consideration, herein acknowledged as received and sufficient, and by signing this release, the PATIENT hereby grants Apollo, their heirs, legal representatives and assigns (“Assigns”), including but not limited to any person, print or online publication or website, or any advertising medium Apollo shall choose to advertise and market their product, any firm or corporation which is a subsidiary, parent or affiliate of Apollo, customer of Apollo (including but not limited to the treating physician of PATIENT) or to a successor corporation of Apollo, the irrevocable and unrestricted right and permission to copyright, in their own name or otherwise, and use, re-use, publish, and re-publish PATIENT’s first name, likeness, image, voice, appearance, performance and submitted patient experience or story, in whole or in part, as part of a composite or distorted in character or form, without restriction as to changes or alterations, or reproductions thereof in color or otherwise, in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, publishing or any other purpose whatsoever (collectively, “Media”). The PATIENT also consents to the use of any printed matter in connection therewith.
The PATIENT hereby waives any right that they may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.
The PATIENT hereby releases, discharges, and agrees to hold harmless Apollo, and/or Assigns, and all persons acting under Apollo’s authority or those for whom he/she is acting, from any liability by virtue of any use of the Media or any changes or alterations made thereto.
The PATIENT agrees that they have no rights to the Media, and all rights to the Media, including the copyright, belong to Apollo and Assigns. The PATIENT acknowledges and agrees that they are providing this release freely and no further sums shall be payable to the PATIENT by Apollo by reason of the use of the Media and that the PATIENT will make no further claim, for any reason, including any claims for libel or invasion of privacy, to Apollo and Assigns.
The PATIENT acknowledges and agrees that this release shall be binding upon the PATIENT, their heirs, legal representatives and assigns. The PATIENT agrees that this release is irrevocable, worldwide and perpetual.
The PATIENT hereby warrants that he/she is of full legal age and has the right to contract in his/her own name. The PATIENT has read the above authorization, release, and agreement, prior to its execution, and is fully familiar with the contents thereof.
The search for the ORBERA® spokespeople is open to legal residences of the United States and Puerto Rico. Entrants must be ORBERA patients and have had the ORBERA® weight loss balloon placed within the United States. Submissions from outside the geography will not be considered as part of the selection process.
Selection Process & Timeline
Entries must be submitted by November 30, 2018 to be eligible. Winners will be selected and notified in December 2018.