NETFLIX - MLB OPENING NIGHT

Terms and Conditions

Welcome to the DLP Media Group’s MLB on Netflix Experience (referred to herein as the “Experience”)! The following Terms and Conditions (“Terms and Conditions”) explains our terms of participation in the Experience. You must be at least 18 years of age to participate in this Experience. The Experience, its contents, and its services are for entertainment purposes only. This Experience is brought to you by DLP Media Group, LLC (collectively with its designees, licensees and assigns, “Company”). For questions about these Terms and Conditions or this Experience, please contact us by email at info@dlpmediagroup.com (please include the name of the Experience in the subject line of your email). BY UPLOADING AND SUBMITTING CONTENT AND CLICKING “COMPLETE SUBMISSION”, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE FOLLOWING TERMS:

1. For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I irrevocably authorize Company to make use of my appearance in connection with the Experience.

2. I understand that I may be filmed, videotaped and/or photographed, and any such films, videotapes and photographs may include my name, voice and/or likeness. I understand and agree that Company has and shall retain in perpetuity the right to copyright, use, license others to use, edit, dub, adapt, change, alter in all languages and otherwise exploit all or any portion of any resulting films, videotape(s) and/or photograph(s) or any reproduction(s) thereof, and any materials (including, without limitation, any films, photographs or videotapes, which may contain performances of the pre-existing musical composition known as “Take me Out to the Ball Game” (“Song”) that are original to me) submitted by me in any manner or medium (including, without limitation, any and all forms of television regardless of the means of transmission and the internet), whether now known or hereafter devised, for any purpose and for an unlimited number of times, in any and all media now known or hereafter devised in any and all languages throughout the universe in perpetuity, without compensation. Without limiting any of the foregoing, the results and proceeds of my services hereunder, including without limitation, all material composed, submitted, added, created, or interpolated by me hereunder (hereafter the “Work”), which I acknowledge may have been or may be rendered in collaboration with others, are a work-made-for-hire, specifically ordered by Company. Company’s rights in the Work shall specifically include the right to use, reproduce, synchronize, record and exploit the sound recording and the musical performance contained within the Work, including any and all audio-visual and/or audio-only recordings of my musical performance. I hereby further acknowledge that all of the Work is the sole property of Company for any and all purposes whatsoever. Notwithstanding the foregoing, I hereby exclusively and irrevocably assign to Company, without additional payment, all right, title and interest in and to any musical compositions, sound recordings or other musical material contained within the Work, including without limitation all copyrights (including all extensions and renewals thereof), trademarks, sound recording use, synchronization, reproduction, and public performance rights (as the term is understood in the United States, also known as “communication to the public” and/or “making available” right in certain other parts of the world), neighboring rights, and any and all ownership and exploitation rights now or hereafter recognized, throughout the world, in perpetuity, in all media now known or hereafter devised. All rights to such Work are owned by Company solely and exclusively, in all languages, and throughout the universe, and if any applicable law or agreement prohibits or restricts such assignment, I hereby grant Company an irrevocable, exclusive, perpetual license to use and exploit the Work, for no additional consideration, throughout the universe, in all media now known or hereafter devised. I am aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the “New Exploitation Rights”), and I intend to and do hereby grant and convey to Company any and all such New Exploitation Rights to the Work granted by me hereunder. I am also aware and do hereby acknowledge that new (or changed) technology, uses, media, formats, modes of transmission and methods of distribution, dissemination, exhibition or performance (hereafter the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. I intend and do hereby grant and convey to Company any and all rights to such New Exploitation Methods with respect to the Work. I hereby agree to execute any document Company deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Company, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. I also agree to allow Company, and its assignees or licensees to use my contributions, photograph, film footage, and biographical material in connection not only with the Experience and any other production, but also in any promotion, advertising, marketing and publicity for the Experience (including promoting its availability on products and/or services capable of exhibiting the Experience), or any other production, and in connection with any compilation, montage, remix, mashup, or collective audiovisual work that may include my Work together with third party contributions. and in connection with any ancillary products associated with the Experience, or any other production, and the right to use in merchandising, sound recordings, commercial/promotional tie-ins, and partnership marketing campaigns, without compensation. I hereby irrevocably assign to Company (or irrevocably waive, in the event such assignment is not possible) any and all “moral rights” or similar law or rights. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge and agree that the Experience is a non-union production, and that my participation hereunder shall not be subject to the terms of any collective bargaining agreements (e.g., SAG, AFTRA). I acknowledge that Company will rely on the permissions granted herein and I hereby agree not to assert any claim of any nature whatsoever, including defamation and privacy claims, against anyone relating to the exercise of the permissions granted hereunder.

3. To the maximum extent permitted by law, I agree that I will never sue Company, or any other third party for any reason, including because: (i) Company did not take or use photographs or videotape of me, (ii) Company did not use the Work, (iii) Company did not use my name or information about me, (iv) I do not like the manner in which Company and/or its licensees or assignees took or used the photographs or videotape, and/or (v) I do not like the manner in which Company and/or its licensees or assignees used my name or information about me, or what is said about me. I expressly acknowledge that my private information may be revealed, and that I may be embarrassed and/or disparaged. I expressly acknowledge and agree that all statements made by me within the Experience are true. I expressly acknowledge that the Experience as produced may contain footage, dialogue, opinions, expressions and/or other materials, and I hereby consent to my involvement in the Experience as set forth herein.

4. I represent and warrant that: (i) I am at least eighteen (18) years of age and have reached the age of majority in the jurisdiction in which I reside, and I have the full right and authority to enter into these Terms and Conditions and to grant the rights granted hereunder; (ii) except for the Song, the Work and my musical performance are original to me and do not contain any third-party copyrighted material (including, without limitation, background music, samples, or backing tracks) without Company’s express prior written consent; (iii) I am not a party to any agreement (including, without limitation, with any record label, music publisher, administrator, union/guild, or talent agency) that would prevent, interfere with, or require any payment to a third party for the Company’s use of the Work or the musical performance as intended herein, and Company shall have no obligation to make any payment to me or any third party on account of the copyrights, trademarks, sound recording use, synchronization, reproduction, public performance, communication to the public, or other exploitation of my performance. I understand that it is a federal offense, unless disclosed to Company prior to broadcast, to: (a) give or agree to give any member of the production staff and/or anyone associated in any manner with the Experience anything of value for arranging for my appearance in the Experience; or (b) accept or agree to accept anything of value to promote any product, service or venture on the air, or use any prepared material containing such a promotion where I have received consideration for it. I acknowledge that I am aware that it is Company's policy not to permit the acceptance or payment of any such consideration and that any such acceptance of payment shall constitute a material breach of these Terms and Conditions, and that it is a federal offence to do so. In accordance therewith, but not as limitation thereon, I expressly represent that I have not accepted or paid, and I agree not to accept, pay or agree to accept or pay, any such consideration.

5. I acknowledge that I shall participate in activities, during the filming of the Experience, which may be depicted in the Experience (individually and collectively “Activity(ies)”), at my own risk. I understand that there is a possibility of (i) risk of serious injury, disability or death to me or others and/or (ii) damage to either my property and/or the property of a third party as a direct and/or indirect result from my participation in or in connection with certain Activity(ies). I hereby agree and acknowledge that I am voluntarily participating in this Activity(ies) with full and complete knowledge of the risks and dangers involved in the said Activity(ies), and hereby agree to accept and assume any and all risks of any nature whatsoever of personal and emotional injury and/or property damage of any nature whatsoever on my behalf or of any heir, dependent, spouse or significant other.

6. I hereby release Company from any and all claims, demands, or causes of action, which I and/or my heirs, successors, or assignees may now have or hereafter acquire by reason of Company’s exercise of the rights herein granted. I hereby waive any and all claims of defamation and "false light", violation of rights of privacy and/or publicity, and/or any other rights of a similar or dissimilar nature in connection with the exploitation of any such photographs and/or recordings produced in accordance with these Terms and Conditions, and I hereby agree not to assert any claim of any nature whatsoever against any party related to the subject matter hereof, including, but not limited to: (i) damages caused by “acts of God” (such as, but not limited to injuries from natural disasters); (ii) damages causes by acts of terrorism or war; (iii) infliction of emotional distress (whether allegedly intentional or negligent); (iv) trespass (to property or person); (v) breach of an alleged contract (whether the alleged contract is verbal or in writing); (vi) allegedly deceptive business or trade practices; (vii) copyright or trademark infringement; (viii) violations of Section 43(a) of the Lanham Act; (ix) prima facie tort; (x) fraud; and, (xi) tortious or wrongful interference with any contract or business of mine. In such regard, I waive any rights I may have under California Civil Code Section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Notwithstanding anything to the contrary set forth above, Company acknowledges and agrees that I am not releasing Company from any claims, demands or causes of action that are derived from any of Company’s conduct that is intentionally wrong, grossly negligent or a violation of law.

7. I hereby agree to and do hereby indemnify and hold harmless Company, its assignees and licensees from and against any breach of these Terms and Conditions by me and/or any claim, action, proceeding, and/or demand brought, maintained, prosecuted or made by or through me and from and against any and all loss, cost, damage and/or expense incurred by Company in connection therewith, including, but not limited to, attorneys’ fees and costs.

8. I acknowledge that Company may be incurring substantial sums in reliance on the permissions granted herein and I shall in no event be entitled to rescind or terminate these Terms and Conditions or any of the rights granted hereunder, or to seek same, or to interfere with, restrain, enjoin or otherwise impair the development, production, exhibition, distribution, promotion, advertising or other exploitation of the Experience, or any other production, or the use of any photographs, recordings or other materials produced hereunder, and my sole remedy in any or all cases and in connection with any claims shall be an action at law for actual money damages, if any.

9. I understand that Company shall be under no obligation to actually use my name, voice, and/or likeness in any manner in the Experience or any other production.

PRIVACY POLICY

By participating in the Experience, you are accepting the practices described in our Privacy Policy below. If you do not agree to the terms of this Privacy Policy, please do not participate in the Experience. We reserve the right to modify or amend the terms of our Privacy Policy from time to time. Please be advised that the practices described in this Privacy Policy apply only to information gathered by us in connection with your participation in the Experience. It does not apply to any information you provide to third-party platforms (such as Vloggi, etc.) used to participate in the Experience or otherwise. Please review their privacy policies carefully to understand what information they may collect, process, and use from you. Company may suspend or terminate your access to this Experience if you fail to comply with these terms.

To see our California Consumer Privacy Act (CCPA) Privacy Notice, please scroll down.

Collection and Use of Information

In order for you to participate in the Experience, we and/or our service providers may collect certain information and/or content from

you, including the following:

• Identifiers (such as IP address, identifiers from the devices you use to connect, characteristics about the networks you use when you connect to our Experience)

• Internet or other electronic network activity information (such as your interactions with the Experience)

• Geolocation data (such as IP address or GPS coordinates)

• Information and content you provide in connection with the Experience.

When you interact with us, certain information might be collected automatically. Examples of information include: the type of computer operating system, device and software characteristics (such as type and configuration), referral URLs, IP address (which may tell us your general location), statistics on page views or interactions with activities, and browser and standard web server log information. This information is collected using technologies such as cookies, pixel tags, and web beacons. We use this information for the support of internal operations, such as to conduct research and analysis to address the performance of our Experience, and to generate aggregated or de-identified reporting for our use.

This Experience might use cookies to support the performance of our site and to remember choices you have made, such as preferred language. You can modify your browser settings to control whether your computer or other device accepts or declines cookies. If you choose to decline cookies you may not be able to use certain interactive features of this Experience or certain of its Experiences. You can delete cookies from your browser; however, that means that any settings or preferences managed by those cookies will also be deleted and you may need to recreate them. Depending on your mobile device, you may not be able to control tracking technologies through settings. The emails we send might include a web beacon or similar technology that lets us know if you received or opened the email and whether you clicked on any of the links in the email.

This Experience might use a third party web analytics service. Analytics assists us in gathering analytics and statistical data in connection with the Experience. On our behalf such service processes this information to analyze the usage of the Experience, create reports on the Experience activities, and provide other services related to Experience and internet usage for us.

The Experience might give you the option to share information by email, social or other sharing applications, using the clients and applications on your smart device. Social plugins (including those offered by Facebook, Twitter, Instagram, and Pinterest) allow you to share information on those platforms. Social plugins and social applications are operated by the social network themselves and are subject to their terms of use and privacy policies.

We use reasonable administrative, logical, physical and managerial measures to safeguard your information against loss, theft and unauthorized access, use and modification. We may retain information as required or permitted by applicable laws and regulations, including to fulfill the purposes described in these Terms.

Disclosure of Information

We may disclose your information for certain purposes and to third parties, including without limitation the Netflix family of companies (http://netflix.com/corporateinfo) as needed for data processing and storage, providing customer support, content development, and for other purposes described in this document. We might use other companies, agents or contractors (“Experience Providers“) to perform services on our behalf or to help us to provide this Experience to you. For example, we may use Experience Providers to provide infrastructure and IT services (like hosting the Experience). We do not authorize Experience Providers to use information except in connection with providing their services, subject to the following safety issues. We and our Experience Providers may disclose and otherwise use information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (d) protect against harm to the rights, property or safety of Netflix, our content partners, users or the public, as required or permitted by law. If, in the course of sharing information, we transfer personal information to countries outside your region, we will take steps to ensure that the information is transferred in accordance with these Terms and in accordance with the applicable laws on data protection.

Your Information and Rights

You can request access to your personal information or correct or update out-of-date or inaccurate personal information we hold about you. You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

To make requests, or if you have any other question regarding our privacy practices, please contact us by email at info@dlpmediagroup.com (please include the name of the Experience in the subject line of your email). We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

You have the right to complain to a data protection authority about our collection and use of your personal information.

Name and Likeness

By participating in this Experience, you grant to Company, its affiliates and respective successors and assigns and anyone authorized by any of them, the irrevocable, perpetual, worldwide, non-exclusive right to record, depict, and/or portray you and use, and grant to others the right, but not the obligation, to record, depict, and/or portray you and use, your actual or simulated likeness, name, photograph, voice, actions, etc. in connection with the development, production, distribution, exploitation, advertising, promotion and publicity of this Experience, in all media, now known and later devised, and all languages, formats, versions, and forms related to such Experience without compensation to you or any other individual, unless prohibited by law.

Use Restrictions

You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Experience without express written permission from Company and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Experience; use any robot, spider, scraper or other automated means to access the Experience; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Experience; insert any code or product or manipulate the content of the Experience in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Experience, including any software viruses or any other computer code, files or programs.

NEITHER COMPANY NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXPERIENCE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE EXPERIENCE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

The Experience, including all content provided on the Experience, is protected by copyright, trade secret or other intellectual property laws and treaties. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Experience, please notify us at info@dlpmediagroup.com.

The Experience may contain links to other websites owned and operated by third parties (“Third Party Website(s)”). These links are provided to you as a convenience only and visiting any Third Party Website is at your own risk. Company is not responsible for the content on such Third Party Websites and makes no representations or warranties with respect thereto. Your access and use of any such Third Party Websites is subject to their terms of use and privacy policies.

California Consumer Privacy Act (CCPA) Privacy Notice

This Privacy Notice applies to California consumers and supplements the Terms.

Personal Information We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CCPA personal information”). We have collected categories of CCPA personal information noted in the Collection and Use of Information section of these Terms within the last twelve (12) months.

Use of CCPA personal information

We use categories of CCPA personal information listed above for the purposes noted in the Collection and Use of Information section of these Terms.

Categories of CCPA personal information disclosed for a business purpose

We disclose the categories of CCPA personal information noted in the Collection and Use of Information section of these Terms for business purposes. Specifically, we disclose these categories of information for business purposes to the following categories of third parties: Experience Providers, the Netflix family of companies, Major League Baseball, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.

Sources of CCPA personal information

We explain our sources of information in the Collection of and Use Information section of our Terms. (Please see that section for more information that may be of interest to you.)

Your rights under the CCPA

• You have the right to request that we disclose: what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, or disclosing CCPA personal information; the categories of third parties with whom we share CCPA personal information; the categories of CCPA personal information we have disclosed about you for a business purpose. We do not sell personal information.

• You have a right to receive a copy of the specific CCPA personal information we have collected about you.

• You have a right to deletion of your CCPA personal information, subject to exceptions under the CCPA.

• You have a right not to receive discriminatory treatment for exercising any of your CCPA rights. We will not discriminate against you based on your exercise of any of your CCPA rights.

• You can assert these rights only where we receive a verified request from you. For information on how to exercise your rights, please see the Your Information and Rights section of these Terms.

• If you are a consumer under the CCPA and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf at info@dlpmediagroup.com along with a statement signed by you certifying that the agent is authorized to act on your behalf. In order to verify the request and your identity, we may ask you to verify your identity. Because we only collect limited information about individuals, we may be unable to verify requests to the standard required by the CCPA.

European Economic Area, United Kingdom and Other International Data Protection Rights

This section applies to you if you are located in the European Economic Area (EEA), the United Kingdom (UK) or another jurisdiction that provides similar data protection rights.

We process your personal information only where we have a lawful basis to do so, which may include: to perform our contract with you (for example, to provide and administer the Experience); to comply with legal obligations; for our legitimate interests (for example, to secure and improve the Experience, to prevent fraud and misuse, and to support content development and promotion); and, where applicable, with your consent.

Where we transfer your personal information outside of your jurisdiction (including to the United States), we will do so on the basis of appropriate safeguards or another lawful mechanism under applicable data protection laws (for example, standard contractual clauses, adequacy decisions, or your explicit consent), and we will take steps to ensure that your information continues to be protected in a manner that is consistent with those laws.

Subject to applicable law, you may have the right to request access to your personal information, to request rectification or erasure of your personal information, to request restriction of processing, to object to our processing (including for direct marketing where applicable), and to request data portability. Where we process your personal information based on your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You also have the right to lodge a complaint with a supervisory authority in the country of your habitual residence, place of work or where you believe an infringement has occurred.

To exercise these rights, please contact us at info@dlpmediagroup.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.