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Off Their Rockers Prankster's Challenge
TERMS AND CONDITIONS FOR SUBMISSIONS
PLEASE REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR SUBMISSION. IF YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE INDICATE YOUR CONSENT BY CLICKING BELOW.
GUIDELINES FOR SUBMISSIONS AND REPRESENTATIONS:
PLEASE NOTE THAT ONLY PRANK IDEAS WILL BE CONSIDERED. ANY OTHER MATERIAL WILL NOT BE CONSIDERED AND WILL BE DELETED.
Submissions: The term "Submission" means any idea for a prank to potentially be performed by one or more cast members on OFF THEIR ROCKERS ("Program"), all materials and information submitted by you, including without limitation, your name, likeness, videos, prank descriptions, prank names, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to MOVING TV LLC ("Producer").
1. ORIGINALITY: We are only interested in your original work. You represent that (i) your entire Submission is an original work by you and you have not copied or used other works (such as dialogue from plays or recordings of musical works) in your Submission without permission or right to do so; (ii) no person, other than you has a right or an interest in any part of your Submission; (iii) your Submission will not infringe or violate any rights of any third party or entity, including, without limitation, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; and (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submissions in accordance with these guidelines.
2. APPROPRIATENESS: Submissions must not contain material which is violent, pornographic or otherwise obscene, illegal or racially or otherwise morally offensive.
4. AGE: You are a legal resident of the United States and are over the age of 18 and are the age of majority in your state of residence.
5. GRANT OF RIGHTS TO PRODUCER: You understand that you will not be paid any money for granting the following rights to your Submission to Producer, agreeing to these terms or for submitting your Submission.
(a) RIGHTS TO SUBMISSION: By sending us your Submission, you hereby acknowledge and agree that Producer shall have the perpetual and irrevocable, non-exclusive license to perform, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter or modify, otherwise use, sublicense and permit others to use and perform worldwide anything contained in the Submission (in whole or in part and as altered by Producer in its sole discretion) in any and all media, including, without limitation, on nbc.com and the NBC television network ("Network"), as well as in connection with any distribution or syndication arrangement thereof 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, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for nbc.com, Network and its programming, all without further notice or consent from or payment to you. You waive any and all "moral rights" you might have in the Submission.
(b) Producer and Network also reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your Submission and will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Terms of Submission obligates or may be deemed to obligate Producer or Network to sell, license or offer to sell or license any advertising, promotion or distribution rights.
(c) You grant the rights hereunder whether or not your material is used by Producer. You acknowledge that your consideration for the rights you grant Producer and Network in your Submission is, among other things, the possibility of Producer or its designees' review and/or use of your Submission. You will not receive any further compensation of any kind for your Submission and you will not receive credit. Your Submission will not be acknowledged or returned. You acknowledge that this Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between us by the submission of the Submission.
(d) In addition to all other legal remedies available to Producer and Network, Producer and Network have the right to remove the Submission from the NBC.com website ("Site") or refuse to include the Submission on the Site for any reason, and may suspend or terminate your access to the Site or refuse to grant you access to any current or future use of the Site or any Producer or Network or related site with or without warning if Producer or Network, in its sole discretion, believes you have: (i) violated or tried to violate the rights of Network; or (ii) violated or tried to violate or acted inconsistently pursuant to these Terms of Submission or any other terms of the Terms of Service governing this Site. Producer and Network have no obligation to inform you of any decision to remove or not post such materials.
5. OTHER SUBMISSIONS: You recognize that other persons, including Producer's and Network's own employees, may have submitted to Producer or Network or others, or made public, or may in the future originate and submit, or make public, similar or identical material that Producer and Network may have the right to use, and that you will not be entitled to any compensation because of the use of other similar or identical material by Producer or Network. Nothing in this Agreement, or the submission of the Submission, shall be deemed to place you in any different position from any other member of the public with respect to the Submission.
6. INDEMNIFICATION AND AGREEMENT REGARDING CLAIMS: You agree to indemnify and hold harmless Producer, Network, NBC Universal Media, LLC, their parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective employees, agents, representatives, officers and directors from and against any and all claims, losses, costs, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys' fees) which arise out of any breach of this agreement or any of these covenants, agreements, obligations, rights, representations or warranties set forth herein. You hereby release, discharge and hold harmless Producer, Network, NBC Universal Media, LLC, their parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective employees, agents, representatives, officers and directors (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your Submission, including without limitation any exploitation of the Submission, on any legal theory whatsoever (including, but not limited to, idea misappropriation, copyright infringement, personal injury, rights of privacy and publicity, false light, or defamation).
7. NOTICE REGARDING CLAIMS: You agree that you must provide written notice by certified or registered mail to Producer at the address listed below, of any claim arising in connection with the Submission or in connection with these Terms and Conditions. You further agree to provide notice within 10 calendar days after acquiring knowledge of the claim. Notwithstanding the foregoing, you must commence a formal arbitration proceeding pursuant to this paragraph within six months after the date of any such claim; failure to do so within that six-month period shall be deemed an irrevocable waiver of any rights you might have with respect to any claim against you.
8. ARBITRATION: PLEASE READ CAREFULLY. UNDER THIS SECTION 8, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH YOUR SUBMISSION.
The parties to this agreement both agree to submit any claim or controversy arising under this Agreement to arbitration in the State of California, and such claims or controversies will be conclusively determined by arbitration as provided by California law and the rules of JAMS, and our arbitrator will be a lawyer or former judge experienced in entertainment law mutually selected by the parties; if we cannot agree on an arbitrator, then we will accept any lawyer or former judge designated by JAMS who will agree to arbitrate the controversy in accordance with the JAMS Streamlined Arbitration Rules and Procedures or subsequent versions thereof. The construction, validity, interpretation and enforceability of the Terms of Submission will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules. All arbitration proceedings, including documents filed in the course of such proceedings, and the fact that the arbitration is being conducted, shall be confidential. The arbitrator's decision shall be controlled by the terms of this Agreement. Judgment upon the award may be entered in any court having jurisdiction. You may commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, you acknowledge that Producer may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Terms and Conditions, and (2) bring an action to enforce the decision of the arbitrator before any court with jurisdiction.
9. OTHER MATTERS: This Agreement constitutes our entire understanding with respect to its subject matter. Any modification or waiver must be in writing, signed by both of us. These Terms of Submission and their performance will be binding on you and your heirs, administrators, administrators, successors and assigns. The invalidity of any provision will not affect the remaining provisions. If any provision of these Terms of Submission or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect, including without limitation, the ability to resolve all controversies and claims through arbitration. You may not assign your rights under this Agreement except as approved by Producer and any unauthorized, purported assignment will be null and void. Producer and its successors, licensees and assigns, will have the unlimited right to assign these Terms and Conditions and the rights granted at any time, in whole or in part, to any party. You will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as maybe reasonably required by Producer, with Producer to bear reasonable expenses related to your execution of such documentation, provided Producer is notified ahead of time and agrees to such expenses, to further evidence or effectuate the rights of Producer as set forth in these Terms of Submission. You appoint Producer as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Producer will promptly furnish to you a copy of all such documents that Producer executes on your behalf.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS THAT YOU ARE GRANTING AND THE REPRESENTATIONS AND WARRANTIES YOU HAVE MADE IN THIS AGREEMENT.