The following competition is intended for applicants who are legal residents of the fifty (50) United States or the District of Columbia and who are twenty-one (21) and over at the time of the application and shall only be construed and evaluated according to United States law. Do not proceed in this competition if you are not a legal resident of the fifty (50) United States, are not aged twenty-one (21) or over and do not fall within the eligibility requirements set forth in the Participation Terms below.
YOUR OWN SHOW REALITY COMPETITION
Participation Terms
1. General
The "Your Own Show" online casting competition (the "Competition"), beginning on May 14, 2010 at 12:01 a.m. Pacific Standard Time ("PST") and ending on July 3, 2010 at 11:59 p.m. PST, is a nationwide search that will be conducted and operated by OWN: The Oprah Winfrey Network ("OWN") on Oprah.com to find potential participants who may be chosen to appear on "Your OWN Show: Oprah's Search for the Next TV Star" (the "Program") being produced by Jean Worldwide, Inc. ("Producer") and to be initially broadcast on OWN. Applicants will be permitted to showcase their talents online at Oprah.com for an opportunity to become a finalist ("Finalist") in the casting process for the Program and a potential opportunity to be chosen as a Program Participant (as defined below) on the Program where the grand award is the opportunity for a talk show to be produced for OWN (the "Grand Award"), all as further set forth in the Participation Terms and to be further set forth in the Participant Release Agreement to be executed by Program Participants (as defined below) in connection with the Program).
NO PURCHASE NECESSARY TO PARTICIPATE. This Competition is void where prohibited or restricted by law.
2. Eligibility
In order to participate in this Competition, applicants ("Applicants') must be at least twenty-one (21) years of age at the time of application and legal residents of the fifty (50) United States or the District of Columbia with the unrestricted right to work for any U.S. employer. Proof of such eligibility must be provided in a form acceptable to the Producer upon request. You must be in good physical and mental health. All applicants who believe they meet this criterion, including persons with disabilities, are welcome and encouraged to apply to become a participant on the Program ("Program Participant").
You must not now be an elected official or a candidate for public office and must agree not to become a candidate for public office until one (1) year after the initial broadcast of the last episode of the Program in which you appear, if selected as a Program Participant.
If selected as a Finalist, you must timely and fully complete a longer application that includes a Background Questionnaire Form and authorization to obtain background information from third parties, among other agreements. Producer will provide the longer applications to potential interviewees.
Your selection as a Finalist or Program Participant may be conditioned upon, among other things, your submission to physical and psychological examinations to be conducted in Los Angeles, CA, by medical professionals selected by and paid for by Producer and the certification of the medical professionals that you meet all physical and psychological requirements. Additionally, any offer to become a Finalist is conditioned upon your timely completion and return to Producer of the Participant Agreement Package.
If you are selected as a Finalist (as described below) you must be willing to travel to Los Angeles, CA and stay for up to twelve (12) days in July 2010 (or as otherwise scheduled by Producer) for the final selection process. Pre-approved economy travel (roundtrip to and from Los Angeles, CA, and your home in the United States) and food & lodging to be provided and paid for by Producer.
You may not be an Applicant, Program Participant or Finalist in this Competition if your participation would create impropriety or the appearance of impropriety. Neither you nor any of your immediate family members or anyone living in your household may be or have been within the past two (2) years employees, officers, directors or agents of any of the following: (a) Producer, any entity owned or controlled by Mark Burnett, One Three, Inc., any of their respective affiliated or related entities, OWN, or any of their parent, subsidiary or affiliated entities (including without limitation Harpo, Inc. and Discovery Communications, LLC) or any exhibitor or affiliate of OWN and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective representatives and agencies (collectively, the "Producer/Network Affiliates"); (b) Any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; (c) Any sponsor of the Program or its advertising agency; or (d) Any person or entity supplying services to the Program. Immediate family members include any spouse, domestic partner or spousal equivalent, mother, father, daughter, son, sister, brother, or roommate or any of the preceding persons that may be categorized as "half-" or "step-" relatives. In addition, Producer reserves the right to render ineligible any person who OWN determines, in its sole discretion and in consultation with Producer, is sufficiently connected with the production, administration, judging, or distribution of the Competition and/or the Program such that his or her participation in the Competition and/or the Program could create the appearance of impropriety.
If you are selected to appear on the Program, you must be willing to travel to and reside at one (1) or more undisclosed locations in the United States for up to six (6) weeks in August/September/October, 2010 (or as otherwise scheduled by Producer). Economy travel to be paid by Producer.
You must not currently be a party to any pre-existing contractual obligations with any third party that would prevent you from participating in the Competition and/or the Program, prevent Producer and OWN from exploiting any and all rights granted by you (if chosen) in connection with the exploitation of the materials submitted by you in this Competition and/or your participation in the Program and/or prevent you from entering into a talent hold agreement with OWN. You must not currently be signed to a hosting or other talent holding deal with a television network/channel, production company or other television related entity.
You must
not have been convicted of a felony.
OWN reserves the right in its sole discretion (in consultation with Producer) to change or amend any or all of the eligibility requirements set forth above and these Participation Terms at any time.
3. How To Enter
Each eligible individual who submits a Video Submission (as defined below) will be referred to herein as an "Applicant". Applicants may only enter individually. Applicants may enter by making an audition video and uploading it to Oprah.com (collectively, with all other information that must be submitted, a "Video Submission") Applicants may enter only once via Video Submission. All Video Submissions, including, without limitation, any materials contained within any Video Submission will become the property of OWN and none will be returned. Throughout all stages of the Competition Applicants are prohibited from wearing any apparel, including, without limitation, shirts, pants, shorts and hats, which contain any recognizable logos or trademarks or bearing the name or likeness of a celebrity, living or dead. Further, no weapons, alcohol or non-prescription controlled substances will be permitted at any stage of the Competition. Any Video Submission portraying the use of any weapons, alcohol or non-prescription controlled substances will be disqualified. In addition, any Video Submission that is patently offensive, illegal, pornographic, obscene or potentially dangerous or harmful will be disqualified.
In order to participate in the Competition, each Applicant must complete an application (the "Application"). Applicants may be required to disclose if they have participated in similar promotions in the Application. Applicants may obtain a copy of the Application by visiting Oprah.com (the "Web Site").
Video Submissions
All Video Submissions must be approximately three (3) minutes in length and uploaded to Oprah.com and be accompanied by an Application. All Video Submissions must address/include the following information, including, but not necessarily limited to: (a) your name, date of birth, job, and location; (b) personality information: hobbies, likes, dislikes, family and dreams; (c) a description of what makes you special and why you stand out; (d) a description of what kind of show you want to host and why you would be a good host; (e) the title of your show; (e) the intention of your show; and (e) an example of your show.
You must also choose from one of the following categories of talk shows: (A) TRADITIONAL TALK SHOW; (B) COOKING; (C) INTERIOR DESIGN; (D) FASHION, HEALTH & WELLBEING; OR (E) WILDCARD.
VIDEO SUBMISSIONS GENERATED BY SCRIPT, MACRO OR OTHER AUTOMATED MEANS AND SUBMISSIONS MADE BY ANY MEANS WHICH SUBVERT THE PARTICIPATION PROCESS WILL BE VOID. VIDEO SUBMISSIONS MUST BE MADE BY 11:59 PM PST ON JUNE 26, 2010 TO BE CONSIDERED. VIDEO SUBMISSIONS MUST BE MADE IN ASF, ASX, AVI, FLV, MOV, MP4, MPG, WMV, 3GPP FORMATS AND MUST BE NO LARGER THAN 400MB IN SIZE.
Other Requirements:
- VIDEO SUBMISSIONS MUST NOT INCLUDE ANY TRADEMARKS, LOGOS, TRADE DRESS SUCH AS DISTINCTIVE PACKAGING OR BUILDING EXTERIORS/INTERIORS), BRANDING ON SHIRTS, HATS, POSTERS, SIGNS, ETC., THAT IS OWNED BY OTHERS;
- VIDEO SUBMISSIONS MUST NOT DEFAME, MISREPRESENT OR CONTAIN DISPARAGING REMARKS ABOUT OTHER PEOPLE OR COMPANIES;
- VIDEO SUBMISSIONS MUST NOT INCLUDE ANY CONTENT THAT IS SEXUALLY EXPLICIT, PROFANE OR PORNOGRAPHIC, UNNECESSARILY VIOLENT OR DEROGATORY OF ANY RACE, ANCESTRY, PLACE OF ORIGIN, COLOR, ETHNIC ORIGIN, CITIZENSHIP, CREED, SEX, SEXUAL ORIENTATION, AGE, MARITAL STATUS, FAMILY STATUS OR DISABILITY;
- VIDEO SUBMISSIONS MUST NOT PROMOTE ALCOHOL, ILLEGAL DRUGS, TOBACCO, OR FIREARMS/WEAPONS (OR THE USE OF ANY OF THE FOREGOING) AND/OR PROMOTE ANY ACTIVITIES THAT MAY APPEAR UNSAFE OR DANGEROUS AND/OR PROMOTE ANY PARTICULAR POLITICAL AGENDA OR MESSAGE;
- VIDEO SUBMISSIONS MUST NOT INCLUDE ANY CONTENT THAT IS OBSCENE OR OFFENSIVE OR ENDORSE ANY FORM OF HATE OR HATE GROUP;
- VIDEO SUBMISSIONS MUST NOT INCLUDE ANY CONTENT THAT APPEARS TO INTENTIONALLY DUPLICATE ANY OTHER SUBMISSION(S) MADE;
- VIDEO SUBMISSIONS MUST NOT INCLUDE COPYRIGHTED IMAGES OR FOOTAGE, OR ANY OTHER COPYRIGHTED MATERIALS OWNED BY OTHERS. DO NOT INCLUDE ANY MATERIALS THAT DO NOT BELONG TO YOU;
- VIDEO SUBMISSIONS MUST NOT INCLUDE MUSIC OTHER THAN TRACKS IN OUR FREE MUSIC LIBRARY AVAILABLE ON OPRAH.COM ("OPRAH TRACKS")
- IF YOUR VIDEO SUBMISSION SHOWS SOMEONE OTHER THAN YOURSELF, YOU MUST HAVE THAT PERSON(S) SIGN A SUBMISSION CONTRIBUTOR RELEASE, AN EXAMPLE OF WHICH IS LOCATED AT OPRAH.COM AND SUCH SUBMISSION CONTRIBUTOR RELEASE MUST BE PROVIDED TO PRODUCER UPON REQUEST;
- ONLY ONE VIDEO SUBMISSION AND ONE CASTING CALL SUBMISSION PER APPLICANT;
- VIDEO SUBMISSIONS MUST NOT CONTAIN LOOK-ALIKES OF CELEBRITIES OR OTHER PUBLIC OR PRIVATE FIGURES, LIVING OR DECEASED; AND
- VIDEO SUBMISSONS MUST NOT VIOLATE ANY LAW.
- VIDEO SUBMISSIONS MUST NOT CONTAIN ANY SPECIFIC PERSONAL CONTACT INFORMATION ABOUT YOURSELF OR OTHERS, INCLUDING BUT LIMITED TO, PHONE NUMBERS, E-MAIL ADDRESSES, FAX NUMBERS, MAILING ADDRESSES, LICENSE PLATES, BUSINESS NAMES, URLS, WEBSITES, SOCIAL NETWORKING SITE INFORMATION (E.G., MYSPACE, FACEBOOK), OR OTHER SUCH CONTACT INFORMATION.
OWN grants to Applicant a limited revocable, non-sub-licensable, license to use the Oprah Tracks for the sole purpose of creating a Video Submission and the Applicant may make no further use whatsoever of the Video Submission for any purpose whatsoever. In addition, Applicant recognizes that all of the right, title, and interest in the Oprah Tracks as well as all derivative works created using the Oprah Tracks (including the Video Submission) shall vest exclusively in OWN, and Applicant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to Oprah Tracks except for the limited license granted to entrant in these Participation Terms is transferred or created.
In addition, Applicant acknowledges and agrees that he or she shall not, at any time, use any of Producer's or OWN.s names, logos, trade names, trademarks or other intellectual property (including, but not limited to, any entity owned or controlled by or affiliated with Mark Burnett, OWN: The Oprah Winfrey Network, Oprah Winfrey, Oprah, and the title of the Program), or those of any related companies, for any purposes whatsoever, including without limitation, in connection with any kind of advertising and promotion, publicity, merchandise, tie-in, product or service, without the prior written consent of OWN.
OWN reserves the unrestricted right to disqualify, edit, modify, delete, or not post any Video Submission for any reason including, but not limited to, violation of the ParticipationTerms in OWN's sole discretion. Finalists will be selected as set forth below.
Your Video Submission including, without limitation, any copyrights or other intellectual property rights thereto, will become the property of OWN (as set forth in more detail below), for use in any manner in all media in perpetuity throughout the universe, regardless of whether or not you are selected as a Finalist for the Program.
Casting Call Submissions
The Casting Call in each city will consist of Round 1 and Round 2.
Round 1 and Round 2 Casting Calls will be held in the following cities on the following dates:
New York, NY: June 5, 2010
Dallas, Texas: June 12, 2010
Laguna Niguel, CA: June 19, 2010
Atlanta, GA: June 26, 2010
Exact Casting Call locations and details will be announced on Oprah.com. Interested Applicants should come to the
audition location with a fully completed and fully executed Application (which they can download from Oprah.com).
Producer and OWN will decide, in their sole discretion, which Applicants will advance to Round 2. Applicants who advance to Round 2 will be notified by the end of the day of Round 1 in a manner to be determined by Producer and invited to participate in a videotaped audition on the following day at the location and time specified by Producer.
Each Applicant who participates in Round 2 grants the right to Producer and its designees to record, videotape, and photograph any interviews and any performances of such Applicant (collectively, the "Casting Call Footage"). Producer and its affiliated and related entities, licensees and assigns shall have the right to use, edit, adapt, post, stream, copy and exploit such Casting Call Footage and all elements embodied therein, including any names, likenesses and the performances embodied therein, in any and all media now known or hereafter devised throughout the world in perpetuity, for advertising, promotional, broadcasting, trade and any other purposes without compensation, notification or permission from such Applicant.
IN PERSON AUDITIONS/CASTING CALLS ARE NOT PART OF THE COMPETITION AND WILL NOT BE UPLOADED TO THE YOUR OWN SHOW WEBSITE FOR VOTING.
You
may also submit a Video Submission if you attend a Casting Call.
All expenses related to each Applicant.s appearance at a Casting Call, including, without limitation, transportation to/from each casting call location (including any airfare, ground transportation, parking or other transportation costs related thereto) are that Applicant's sole responsibility.
4. Voting for Finalists/Selection of Finalists
By the Public from Video Submissions
The five (5) Applicants whose Video Submissions obtain the highest number of valid votes will be deemed Finalists (subject to verification of eligibility and compliance with these Participation Terms as determined by OWN in its sole discretion) and considered for the Program. At least one (1) of the five (5) Finalists from the Video Submission process will be cast in the Program, subject to compliance with these Participation Terms, the verification of eligibility, as well as the terms and conditions of the Participant Release Agreement and any supporting documents, the execution of which by each and every Program Participant is a condition precedent to his/her participation in the Program. The public will be able to vote for the online Finalists from among all Video Submissions from 12:01 a.m. PST on May 14, 2010, through 11:59 p.m. PST on July 3, 2010 by visiting Oprah.com and following the posted instructions to submit a vote. All votes must be submitted between these dates and times or they will not be counted. Individuals may vote multiple times. Use of any computer auto-voting software or any other software or device intended to tamper with the proper functioning of the voting system and use of any other means to subvert the voting process is strictly prohibited and all such votes will be void.
By Producer and OWN from Round 2 Casting Call Submissions and All Video Submissions (Including Finalist Video Submissions)
As noted above, at least one (1) of the five (5) Finalists who receive the highest number of valid votes in the Competition will be declared a Program Participant. The exact Finalist who is selected as a Program Participant from the top five (5) Video Submissions will be determined by Producer and OWN in their sole discretion. Producer and OWN will choose the rest of the Finalists from the Casting Call and the Video Submissions. The actual number of Finalists chosen from each source of Submissions will be at Producer's and OWN's sole discretion.
Potential Finalists and Program Participants, as applicable, will be notified via a method selected by Producer and OWN, which may include telephone, e-mail or any other form of communication at a date and time in Producer and OWN's discretion and will be required to execute and return any additional documents required by Producer and its designees within a time period specified by such entities. If a potential Finalist or Program Participant, as applicable, cannot be reached after a reasonable effort has been made after a reasonable amount of time , if any document and/or notification is returned as undeliverable, if any required documents are not fully executed and returned within the specified time period, or if any potential Finalist or Program Participant, as applicable, is found to be ineligible according to these Participation Terms, an alternate potential Finalist or Program Participant, as applicable, may be selected in Producer and OWN.s sole discretion. The decisions of the Producer and OWN are final, not subject to appeal and all Applicants agree to be bound by these decisions.
The selection of the Finalists and Program Participants shall be final and binding and is not subject to any challenge or appeal.
All Finalists chosen by Producer and OWN will be required to travel to Los Angeles for up to twelve (12) days in July 2010 (or as otherwise determined and scheduled by Producer), where the Producers and OWN will select the Program Participants. See below for further details.
If you are selected as a Program Participant, you must be available and willing to travel to and reside at one (1) or more undisclosed locations in the United States for up to six (6) weeks in August/September/October, 2010 (or as otherwise determined and scheduled by Producer). Economy travel (including food and lodging) to be paid by Producer.
5. Finalist Awards, Program Participant Awards and Grand Awards
Finalist Awards: All Finalists chosen by Producer and OWN will be required to travel to Los Angeles for up to twelve (12) days in July 2010 (or as otherwise determined and scheduled by Producer), where the Producers and OWN will select the Program Participants who will appear in the Program. Economy travel to be paid by Producer. Approximate Retail Value (.ARV.): up to Two Thousand Five Hundred Dollars ($2,500) each.
Program Participant Awards: The Program Participants will be required to travel to one (1) or more undisclosed locations in the United States for up to six (6) weeks in August/September/October, 2010 (or as otherwise determined and scheduled by Producer). Economy travel to be paid to Producer. Appearance in the Program is subject to additional agreements and conditions, as determined by Producer and OWN. ARV: up to Seven Thousand Dollars ($7,000) each.
Grand Award: The Grand Award recipient on the Program will be awarded the opportunity to host their own show on OWN: The Oprah Winfrey Network. Grand Award is subject to additional agreements and conditions, as determined by Producer and OWN.
Applicants are not entitled to any compensation whatsoever for completing an Application and/or submitting a Video Submission or attending a Casting Call.
Conditions: Decisions made by Producer and OWN are final in all matters, including interpretation of these Participation Terms. No transfer, cash equivalent or substitution allowed, except at Producer's and OWN's sole discretion. Producer and OWN reserve the right to substitute any Award or item referenced herein (or portions thereof) with an item of comparable or greater value, at their sole discretion. Even if you are selected as a Program Participant, Producer is not obligated to actually produce the Program and OWN is not obligated to actually broadcast it, even if produced. Producer and OWN also reserve the right to postpone or cancel the Program for any reason, in their sole discretion including all awards associated therewith. All federal, state and local taxes and any other costs and expenses associated with application and participation, including, for Finalists and Program Participants, luggage fees, additional meals, gratuities, or expenses not specified herein will be the sole responsibility of the Finalists and Program Participants. Certain travel restrictions apply for travel-related matters. Further details, terms and conditions will be provided following confirmation of Finalist and/or Program Participant status. All details thereof are at Producer.s and OWN.s sole discretion.
6. Name and Likeness Release
By submitting an Application, you hereby consent to the recording, use and reuse by Producer, OWN and any of their respective affiliated or related entities, (including without limitation Harpo, Inc. and Discovery Communications, LLC) or any exhibitor or affiliate of OWN and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective representatives and agencies and each of their respective employees, agents, officers and directors (collectively "Releasees") of your image, performance, signature, voice, actions, likeness, name, appearance, and biographical materials and/or any other information contained in your Application, Submission, any interviews and photo shoots you may participate in, Casting Call Footage, or otherwise (collectively "Likeness") in any and all media now known or hereafter devised, throughout the universe, in perpetuity, in or in connection with the Program, any other production or otherwise. You agree that Releasees may use all or any part of your Likeness and may alter or modify it, regardless of whether or not you are recognizable. You further agree that Producer and OWN exclusively own all right, title and interest in and to any and all recordings of your Likeness as set forth herein, as well as any information and photographs that you have provided in connection with your Application to be a Finalist on the Program and any other material provided by me in connection with the Program (collectively, the "Materials") and all rights therein and thereto, including without limitation all rights of copyright (and all renewals, extensions and restorations thereof) and the right to use the Materials and your Likeness in any and all media now known or hereafter devised, throughout the universe, in perpetuity. The Materials may be edited, cut, rearranged, adapted, dubbed or otherwise revised or modified for any such purposes by the Releasees in their sole discretion, and you waive the exercise of any "moral rights" and "droit moral" and any analogous rights however denominated. You further agree that Releasees may use your Likeness and Materials in connection with any promotion, publicity, marketing or advertisement for the Program or for any of the Releasees in any manner whatsoever. You grant the rights hereunder whether or not you are ultimately selected to be a Finalist in the Program. You hereby unconditionally and forever release the Releasees from any and all liability arising out of any of their respective use of your Likeness and/or the Materials and you agree not to make any claim against the Releasees as a result of the recording or use of your Likeness and/or the Materials (including without limitation claims based upon invasion of rights of privacy and/or publicity, defamation and/or false/negative light claims). You acknowledge and agree that in no event will you be entitled to rescind or terminate the rights granted herein or to seek to enjoin or interfere in any fashion with the development, production, distribution, broadcast or other use or exploitation of any audio or video recordings made on or of the Program.
7. Ownership/Use of Submitted Materials
Applicants hereby grant to OWN, Producer and One Three, Inc. exclusive ownership of the Video Submissions, including any copyrights therein, and accord Releasees the perpetual, irrevocable right and license to distribute, broadcast, and otherwise exploit the Video Submission, Application and any other material that such Applicant may provide in connection with the Competition and/or the Program (collectively, the "Submitted Material"), gratis, throughout the universe, in any and all manners, formats and media, whether now known or hereafter devised, in and in connection with the Competition, Program or otherwise, including, without limitation, the exclusive, fully paid, universal license to use, copy, digitize, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submitted Material, or any portion thereof, in any media now known or hereafter devised including, without limitation, the episodes produced as part of the Program (if applicable) in perpetuity. Applicants authorize the Releasees, and any entities affiliated, related or in privity with Releasees, to utilize on an exclusive basis, throughout the universe, in perpetuity and in any manner they see fit, the Submitted Material (including without limitation use in advertising, publicity, marketing, promotional and commercial tie-in purposes in connection with the Program, all allied ancillary and subsidiary rights therein and thereto, or any other use of the Program in all media now known or hereafter devised), and to make derivative works from such materials. Applicants agree that Releasees and their respective assignees and licensees shall have no obligations whatsoever to Applicants (including without limitation no obligation to make any payments to Applicants or to obtain Applicants' approval). Releasees shall have the right and sole discretion to edit, alter, modify or change any part of the Submitted Material for any reason in connection with Releasees (or Releasees' assignee's or licensee's) use thereof.
Applicants recognize the possibility that the Submitted Material may be identical with or similar to material which has or may come to Releasees and/or Releasees' affiliated or related entities from other sources. Such identity or similarity in the past has given rise to litigation so that unless Releasees can obtain adequate protection in advance, Releasees will refuse to consider or post the Submitted Material. The protection for Releasees must be sufficiently broad to protect Releasees and all related parties, and all parties to whom the foregoing submit material or have been or may be involved in developing, financing or exploiting materials and properties generally. Accordingly, as a further inducement to Releasees to examine the Submitted Material and to consider Applicant for selection as a Finalist to be cast on the Program, Applicant represents, warrants and agrees, as follows:
a. That the Submitted Material is submitted voluntarily and not in confidence or in trust and that no confidential or fiduciary relationship is intended or created between Releasees and Applicant by reason of such submission or otherwise. Nothing in these Participation Terms, or the submission of the Submitted Material, shall be deemed to place Releasees in any worse position than any member of the public with respect to the Submitted Material. Accordingly, without limiting any of the rights and releases Applicant has granted herein, any part of the Submitted Material that could be freely used by any member of the public may be used by Releasees without liability to Applicant or any other party claiming from or through me.
b. Applicant understands and agrees that Releasees. use of material similar to or identical with the Submitted Material or containing features or elements similar to or identical with those contained in the Submitted Material shall not obligate Releasees to negotiate with Applicant nor entitle Applicant to any compensation or other entitlement if Releasees determine that Releasees have an independent legal right to use such other material (either because, e.g., such features or elements were not new or novel, or were not originated by Applicant, or were or may hereafter be independently created by or submitted to Releasees).
Applicant represents and warrants that the description provided above is true and accurate and that (i) Applicant either solely owns the Submitted Material, free of any lien or encumbrance, or has obtained all necessary rights to grant Releasees the right and/or to permit Releasees to use the Submitted Material in connection with the Competition, the Program or otherwise, in any and all media, now known or hereafter devised, through the universe in perpetuity; (ii) Applicant.s Submitted Material is original and not based on any other material or source; (iii) the use and exploitation thereof will not violate or infringe any third party rights; and (iv) Applicant has the right to submit and to offer such Submitted Material to Releasees without obligation to any third party, and the consent of no other person or entity is required for Releasees to fully exploit the Submitted Material as provided herein. Applicant further represents and warrants that Applicant will not assert, maintain or assist other persons in asserting or maintaining against Releasees or Releasees. related and affiliated entities, successors, assignees and licensees any claim, action, suit or demand of any kind or nature whatsoever related to the use of the Submitted Materials, including without limitation those grounded upon copyright, trademark or patent infringement, invasion of privacy or publicity rights, other civil rights, or any other ground in connection with the use of the Submitted Materials in the Program or in other productions.
8. Limitation on Liability/Disclaimer
All Applicants, as a condition of participating, agree to be bound by these Participation Terms and the decisions of Producer and OWN, which are final. Except where prohibited by law, by entering this Competition, each Applicant also agrees to be bound by all aspects of the participation process. In addition, by entering, all Applicants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed about the Competition without additional compensation. In connection therewith, all Applicants grant full permission and consent to Producer and OWN and the Producer/Network Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised in perpetuity and hereby release Producer and OWN and the Producer/Network Affiliates from all liability related thereto.
EACH APPLICANT ACKNOWLEDGES AND AGREES THAT PARTICIPATION IN THE COMPETITION AND/OR THE PROGRAM (INCLUDING ANY VIDEO SUBMISSION AND/OR APPLICATION RELATED ACTIVITIES) IS AT HIS/HER OWN RISK. FURTHER, EACH APPLICANT, BY MAKING A VIDEO SUBMISSION, AGREES TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DAMAGES OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DEATH, DISABILITY, ATTORNEYS' FEES, COSTS OF LITIGATION AND SETTLEMENT AS WELL AS DAMAGES OR LOSSES TO PERSONS AND PROPERTY THAT MAY BE SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP OR USE OF ANY AWARD OR ITEM PROVIDED HEREIN (INCLUDING ANY TRAVEL RELATED THERETO) OR PARTICIPATION IN THIS COMPETITION (INCLUDING TRAVEL TO AND/OR FROM A LOCATION TO PARTICIPATE IN THE COMPETITION AND/OR ANY ACTIVITY RELATED TO OR ASSOCIATED WITH PARTICIPATION IN THE COMPETITION OR THE PROGRAM. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL ANY APPLICANT BE PERMITTED TO PREVENT OR INHIBIT THE EXHIBITION, DISTRIBUTION, BROADCAST OR OTHER USE OR EXPLOITATION OF ANY MATERIALS SUBMITTED BY SUCH APPLICANT IN CONNECTION WITH THE COMPETITION AND/OR THE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY VIDEO SUBMISSION.
Releasees are not responsible for lost, late, incomplete, damaged, inaccurate illegible, stolen, delayed, misdirected, undelivered, or garbled Video Submissions or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition and/or the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing or evaluation of Video Submissions, the incorrect uploading of any Video Submission, the tabulation of votes, the announcement of the Finalists, Program Participants, Grand Award recipients, or in any Competition and/or Program-related materials. Releasees are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Competition. Releasees are not responsible for injury or damage to any person's computer related to or resulting from participating in this Competition or downloading materials from or use of the Web Site. Persons who tamper with or abuse any aspect of the Competition and/or the Program or Web Site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Participation Terms, as solely determined by Producer and OWN, will be disqualified and all associated Video Submissions will be void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRODUCER AND OWN RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS. FEES AND EXPERT WITNESS FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
This Competition shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to any choice of law rules. Applicants agree that any action, proceeding or litigation concerning these Participation Terms or his/her appearance or participation in the Program may only be brought in Los Angeles County, California, and that, subject to the arbitration proceeding below, the courts of Los Angeles County, California, shall have exclusive jurisdiction over Applicant and the subject matter of any such proceeding. Applicants agree that any and all disputes or controversies arising under or relating to this release or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this release, or any provision thereof, and any and all disputes or controversies arising under or relating to my possible appearance or participation in the Competition and/or the Program, shall be resolved by binding arbitration conducted in accordance with the applicable rules of JAMS or its successor ("JAMS"), through its Los Angeles, California office. Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in entertainment disputes, and selected from JAMS' panel of arbitrators proffered by its Los Angeles, California office. If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by JAMS pursuant to the requirements of this paragraph. Applicants agree that the arbitrator's ruling in the arbitration shall be final and binding and not subject to appeal or challenge. Applicants further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties' attorneys and their staff, and any experts retained by the parties; provided that such arbitrator(s) and their staff, the parties' attorneys and their staff, and any experts retained by the parties each first agree in writing that such information and documents will be treated by them as confidential, consistent with this provision. Notwithstanding the foregoing, Applicants agree that nothing in this paragraph or in any of the applicable rules of JAMS, shall prevent Producer, or its assignees from seeking provisional relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator's final decision pursuant to California Code of Procedure section 1281.8 and any successor or similar statute. In any and all other respects, the Federal Arbitration Act (9 U.S.C. ยง 1, et seq.) or its successor statute shall apply and govern the enforcement of this arbitration clause. Applicants further acknowledge that the business realities of reality competition television productions, including the Competition and the Program, create special circumstances for which Releasees must be able to maintain their ability to seek injunctive relief and/or other equitable and/or provisional remedies. For example, a participant.'s premature or threatened disclosure in violation of the confidentiality provisions of these Participation Terms could result in a reduction of audience interest or other diminution in the value of the Program or Releasees' rights hereunder, which would cause Releasees irreparable injury and damage that could not be reasonably calculated or adequately compensated by damages in an action at law. Accordingly, Applicants hereby expressly agree that Releasees shall be entitled to injunctive and other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of these Participation Terms. In no event shall Applicants be permitted to prevent or in any rights therein, whether as part of the Competition, the Program, or otherwise, will not entitle Applicants to receive any compensation. Applicants understand that it is a federal offense, unless disclosed to Producer prior to broadcast, if any, to: (a) Give or agree to give any member of the production staff and anyone associated in any manner with the Program, including OWN, Discovery Communications, LLC and Harpo Inc., or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance on the Program; and/or (b)Accept or agree to accept anything of value to promote any product, service or venture on the Program, or use any prepared material containing such a promotion where such Applicant knows the writer received consideration for it.
By making a Video Submission, Applicant hereby acknowledges and agrees that he/she is aware of the existence of section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding this provision, these Participation Terms shall constitute a full, final, and complete release, accord and satisfaction of each and every claim released herein that Applicant has or may have, at any time, against Releasees. To the maximum extent permitted by law, Applicant knowingly and voluntarily waives the provisions of section 1542 of the California Civil Code, as well as any other statute, law or rule of similar effect of any other jurisdiction throughout the world, and acknowledges and agrees that this waiver is an essential and material term of these Participation Terms. Applicant represents that he/she understands and acknowledges the significance and consequence of the releases he/she has made herein and of his/her waiver of any rights he/she may have under section 1542 of the California Civil Code and any other similar statutes, laws and rules. Without limiting the foregoing, Applicant further expressly waives and releases all rights to seek and/or obtain inr similar to the Submitted Material.
9. Applicant's Representations
Each Applicant represents and warrants that: (i) the Applicant is the creator of Applicant's Video Submission; (ii) the Applicant has not granted, and will not grant, any rights whatsoever in the Video Submission to any other person or entity; and (iii) the Video Submission does not contain any content that is or may be libelous, slanderous, inaccurate, false, incomplete, patently offensive, illegal, pornographic, obscene or potentially dangerous or harmful in any way. Each Applicant further represents and warrants that if any copyrightable material (the "Work") is used by the Applicant as part of that applicant's entry or participation in the Competition (including, without limitation, in the Video Submission), such Work; (i) is original to the Applicant; (ii) will not copy or plagiarize any third party; and (iii) does not violate or infringe upon the rights of any third party, including, without limitation, copyright. Applicants agree to indemnify, defend and hold harmless Releasees for a breach of any of the foregoing representations and warranties.
10. Confidentiality
By entering, each Applicant acknowledges that any appearance by Applicant in the Competition is strictly for the purpose of participating as an Applicant. Except as authorized by Producer and OWN, each Applicant acknowledges and agrees that he/she will not receive or generate any monetary advantage from any appearance in the Competition or on the Program, or use or disclose to any party any trade secrets or other confidential business of other matters relating to the Program or the Competition obtained or learned as a result of his/her participation in the Competition, including, without limitation, any information concerning or relating to the identity of the Finalists, Program Participants or the Grand Award recipient for the Program, the Competition, the Applicants, or the events contained in the Program without the prior written consent of Producer and OWN. Each Applicant further acknowledges and agrees that he/she will not authorize any third party to do any of the activities prohibited in this paragraph. Applicants acknowledge that all contact with the media regarding the Program or participation in the Competition must be organized and sanctioned by Producer and OWN or a representative of Producer and OWN.
11. Finalist and Program Participant List, Grand Award Recipient/Participation Terms
For a copy of these Participation Terms, or a list of Program Participants/Grand Award Recipient, send a self-addressed, stamped envelope to OWN: The Oprah Winfrey Network, 5700 Wilshire Blvd. Ste. 120, Los Angeles, CA 90036, Attn: Business and Legal Affairs and indicate the nature of the request (Program Participant/Grand Award List or Participation Terms Request). Program Participant/Grand Award Recipient information will be available starting on or about March 31, 2011 (subject to alteration based on the date of broadcast of the final episode of the Program). All requests for the Program Participant/Grand Award Recipient List must be received no later than May 31, 2011 (subject to alteration based on the date of broadcast of the final episode of the Program). All requests for the Participation Terms must be received no later than June 30, 2010. Residents of Vermont may omit return postage on requests for the Participation Terms.