HEROES FAN ART GALLERY

By submitting your artwork, which may consist only of photos and/or drawings to the "Heroes" Fan Gallery (your "Submission"), you agree to the following terms and conditions:

TERMS OF SUBMISSION: Your Submission may only consist of still representations such as photo(s), drawing(s), and/or painting(s). No video and no music may be submitted. By entering your Submission, you represent and warrant that (i) your entire Submission is an original work by you, you have not copied or used other works in or in connection with your Submission; (ii) no person or entity other than you has any right, title or interest in any part of your Submission; (iii) your Submission, the use thereof by NBC Universal, Inc. ("NBCU"), or the exercise by NBCU of any of the rights granted by you under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to NBCU under this Agreement; and (v) you have obtained written permission any part of your Submission was created on private property not owned or controlled by you, where such permission is required. By entering your Submission, you also represent, warrant and agree that you are 18 years of age or older and a legal US resident as of the date of your Submission.

People Appearing in the Submission: You represent and warrant that all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have given you their express written consent to submit the Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, including, without limitation, the internet and television, throughout the world, in perpetuity. If you include pictures of anyone in or with your Submission, you must have their written permission to include their image in or with the Submission. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian and you may be asked to provide permission in writing by NBCU. You further represent and warrant that anyone who was engaged by you or who appears in the Submission (i) has no claims for payment of any kind, including, without limitation, for royalties or residuals, arising out of any use, exhibition or other exploitation of the Submission; (ii) has no approval or consultation rights or any rights of participation with respect to any use, exhibition or other exploitation of the Submission; and (iii) was not engaged by you or anyone associated with the Submission under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission.

Originality: Your Submission must be your original work and must not contain any music (third-party or otherwise) or other third-party content or other materials (such as writing, poetry, text, graphics, artwork or logos), or any inappropriate or offensive materials. If any artwork is included in your Submission, you further represent, warrant and agree to NBCU that it is your original creation, created only by you and it does not contain any pre-existing elements that would infringe on the copyrights of others.

Any Submissions containing material that is violent, pornographic or otherwise obscene, illegal, or racially or morally offensive, or does not meet NBCU's standards for any reason as determined by NBCU, in its sole discretion, may be rejected as ineligible for posting in the Heroes Fan Gallery. Submissions must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy.

By entering your Submission, you agree that: i) all Submissions will not be returned, and (ii) you grant to NBCU the right to alter and/or edit the Submission or any part or element thereof. NBCU and its licensees, successors and assigns have the right to use any and all Submissions for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.

If you send any Submission to us, you are at such time granting NBCU, its affiliates and its licensees, successors and assigns a worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sub licensable right and license to consider, disclose, broadcast, use, re-use, reproduce, modify, digitize or enhance, adapt, change, edit, publish, translate, create derivative works from, distribute, re-distribute, publicly perform and/or display your Submission (in whole or in part), and the images or likenesses that appear in your Submission (in whole or in part) and/or incorporate all or part of your Submission in other works, all in any form, format, media or technology now known or later developed or invented anywhere in the world at any time including, without limitation, on nbc.com, on other websites, on any NBCU network, and on all NBCU owned and affiliated broadcast and cable networks and stations, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity on and for "Heroes," nbc.com, other websites, NBCU, the NBC Television Network and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Submission. You grant NBCU these rights whether or not your Submission is posted in the Heroes Fan Gallery. YOU WILL NOT BE PAID FOR YOUR SUBMISSION or for granting NBCU any of these rights. NBCU, its affiliates, and its licensees, successors and assigns are in no way obligated to use your Submission (and have no obligation to you or any other person or entity after your Submission is received), and you may not be given any credit if your Submission is used. NBCU may elect to post any, all, or none of your Submission in the Heroes Fan Gallery, in on-air promotional spots, on the "Heroes" show website or elsewhere, including other websites, as set forth in these terms and conditions. If NBCU does elect to use your Submission or any part thereof, NBCU may remove all or any part of it at any time for any or no reason, and NBCU may use all or any part of it in any way that NBCU elects, in its sole discretion. You agree to waive all claims to and shall receive no royalties of any kind now or in the future from NBCU, its affiliates, or its licensees, successors and assigns for use of your Submission on the nbc.com website or anywhere else, including copyright, trademark, public performance, digital sound recording, mechanical, synchronization or master use royalties, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these terms and conditions.

Please also be aware that your Submission may not be acknowledged and will not be received or held "in confidence" and your Submission does not create a confidential relationship or obligation of secrecy between you and the Promotion or NBCU, any of its affiliates or any of its licensees, successors or assigns. You may not resell, assign or transfer any of your rights under these terms and conditions. You recognize that other persons, including NBC's own employees, may have submitted to NBC or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission. You acknowledge and agree that NBC shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of NBC's use of such similar or identical materials. Nothing in this Agreement, or your submission of the Submission, shall be deemed to place you in any different position from any other member of the public.

By entering your Submission, you acknowledge that you have read and understood these terms and conditions, and you accept these terms and conditions and agree to abide by them, as they may be amended from time to time, and all other applicable rules and regulations. Additionally, you agree that you have all rights, approvals and/or consents necessary to submit the Submission on the terms provided in these terms and conditions and your Submission does not violate the rights of any other person or entity or any law.