Release, Grant of Rights and Eligibility & Video Submission Requirements

THE GREAT CHRISTMAS LIGHT FIGHT

Release, Grant of Rights and Eligibility & Video Submission Requirements

 

The Great Christmas Light Fight (the “Program”) is a United States television program, featuring a Christmas decorating competition among a select number of teams (each a
Team) who compete by decorating a single family residence/dwelling and/or any parcel of real property on which a single family residence/dwelling sits (“Home”). The Program is produced by Triple Threat Productions, Inc. (“Producer”) and presently intended for initial exhibition on the ABC Television Network owned by American Broadcasting Companies, Inc. (“Network” or “ABC”). Members of each Team in each Competition must have relationships with each other that are considered close or familial in nature (e.g., best friends, significant others, etc.), as determined by Producer in its sole discretion. By participating in this online submission (the “Online Submission”) and submitting an online Submission video (“Submission Video”) for consideration by Producer in connection with the Program, the Team acknowledges that it has read, understand and voluntarily agree to abide by these Online Submission and Video Submission Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the Team submits its Submission Video.

 

Prior to submitting a Submission Video, please confirm that each Team Member meets the Eligibility Requirements in Section A below and agrees to the terms of this Release, Grant of Rights and Eligibility & Video Submission Requirements. In addition, please ensure that the Team’s Submission Video meets the Submission Video Submission Requirements in Section B below.

 

Producer makes no guarantee that all online submission videos it receives will be reviewed.

 

As used herein, “User” will refer to the individual who completes the data fields on the Submission Website and submits the Submission Video. User must be at least eighteen (18) years of age.

 

  1. Eligibility Requirements.

 

In order to be eligible for participation on the Program, all of the following requirements must be met:

 

  1. Each Team Member must be a legal resident of the United States. At least one (1) Team Member on each Team must be over 21 years of age.
  2. Each Team Member must never have been convicted of a felony nor ever had a restraining order entered against him/her.
  3. No Team Member nor any member of a Team Member’s immediate family (i.e., spouse, mother, father, daughter, son, sister or brother) nor anyone living in a Team Member’s household may be, or have been, within the past six (6) months, an employee of any of the following: (a) Producer, FremantleMedia North America, Inc., and any of their respective parent, subsidiary, affiliated or related entities; (b) Network, any television station owned or operated by Network, The Walt Disney Company, and any of their respective parent, subsidiary, affiliated or related entities; (c) any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; (d) any known major sponsor of the Program; or (e) any person or entity supplying services or prizes to the Program ((a) through (e) are collectively referred to herein as the “Producer Entities”).

Producer reserves the right at any time to render ineligible any person who Producer determines, in its sole discretion, is sufficiently connected with the production, administration, judging or distribution of the Program such that his or her participation in the Program would create the appearance of impropriety.

 

  1. No Team Member may be a candidate for public office, and if selected to participate in the Program, must agree not become a candidate for public office until one (1) year following the initial broadcast of the final episode of the Program in which they appear.
  2. The Team’s Home is a single family home and/or the property on which a single family home sits.
  3. At least one (1) Team Member is the owner of the Home; or if not, the Team has obtained the written permission of the owner of the Home to participate in the Program and decorate the Home in connection therewith on a form provided by Producer, and will provide Producer with a copy of such written permission.
  4. Each resident of the Home has consented to decoration of the Home and use of the Home as a location for production of the Program.

 

Producer has the sole discretion to make determinations of eligibility, which are final and binding in all respects. Producer reserves the right to modify the eligibility requirements at any time.

 

 

  1.  Submission Video Submission Requirements.

 

  1. General Requirements.

 

  • The Team may submit ONLY ONE (1) Submission Video.

 

  • Submission Videos should be submitted at http://www.gameshowdepartment.tv (“Online Submission Website”). Follow the onscreen prompts to submit the Team’s Submission Video.

 

  • The User must have the authority and consent to act on behalf of the other participants in the Team.

 

  • The Team’s Submission Video must comply with the requirements of this Section B. Any Submission Video that, in Producer’s discretion, does not comply with the requirements of this Section B may be removed from consideration.

 

  • The Team’s Submission Video submission will not be complete until the Team has accepted these Terms and Conditions.

 

  • Producer has the sole discretion to make determinations of Submission Video eligibility, which are final and binding in all respects. ELIGIBLE PARTICIPANTS MUST SUBMIT THE SUBMISSION VIDEO IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

 

  • The Team’s conduct on the Online Submission Website shall also be governed by http://www.gameshowdepartment.tv/terms-of-use/ (“Game Show Department Terms of Use”). In the event of a discrepancy between these Terms and Conditions and the Game Show Department Terms of Use, these Terms and Conditions shall control.

 

  • Producer reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the Online Submission Website.

 

  1. Submission Video Content

 

  • Submission Videos must conform to the requirements of these Terms and Conditions, as well as the Game Show Department Terms of Use. Both these Terms and Conditions and the Game Show Department Terms of Use may be amended from time to time.

 

  • Video should be no greater than ten (10) minutes. The Team may include a short introduction stating the name of the Team Members, age(s) of members, where the Team is from, and any other information the Team would like to convey.

 

  • Submission Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.

 

  1. Further Documentation. In the event Producer selects the Team for further consideration, the Team will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Participant Agreement and Release with Arbitration Provision. In addition, the Team will be required to complete an extensive background questionnaire, and will be subject to a thorough background investigation and other examinations, at Producer’s discretion ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF THE TEAM FAILS TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, THE TEAM MAY BE REMOVED FROM THE AUDITION PROCESS.

 

  1. No Obligation by Producer. The Team acknowledges that Producer may determine, in its absolute discretion, whether or not to select it to participate in the Program and that Producer has the right to eliminate the Team from further consideration at any time for any reason, including without limitation, due to a violation of any portion of these Terms and Conditions, or tampering with the audition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being considered to audition and/or to compete at any level in the audition process does NOT guarantee that the Team will be selected to participate in the Program. The Team acknowledges and agrees that all decisions by Producer concerning the selection of contestants are at Producer’s sole discretion and not subject to challenge or appeal.

 

  1. License. The Team shall retain all ownership rights in the Team’s Submission Video. By submitting the Submission Video, the Team hereby grants to Producer, in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission Video for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, commercial tie-in, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of Producer and/or ABC and Producer and/or ABC’s network of Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer and/or ABC may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Team. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any Producer Entity, these rights include, without limitation, the absolute right to edit and/or alter any Submission Video distribute and synchronize all or any portion of the Team’s Submission Video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Team’s Submission Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Team’s Submission Video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the Team’s Submission Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Team’s Submission Video; and to excerpt and/or extract portions of the Team’s Submission Video in order to host, store, index, categorize and display the Team’s Submission Video on or through the Platforms. Producer has no obligation to review the Team’s Submission Video or to use the Team’s Submission Video in any manner whatsoever.

 

  1. Representations and Warranties / Indemnification. The Team represent and warrant as follows: (i) the Team is the copyright owner of the Submission Video, or has the necessary authorization to submit the Submission Video hereunder, (ii) the Submission Video is the Team’s own original work; (iii) the Submission Video is not the subject of any actual or threatened litigation or claim; (ii) the Submission Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iii) the Submission Video does not and will not violate any applicable laws, and meets the Video Submission Requirements set forth in Section B above. The Team will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Submission Video to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event the Team cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Team’s Submission Video, or seek to secure the releases and clearances for the benefit of Producer and/or the Producer Entities, or may allow the applicable Submission Video to be utilized. Additionally, the Team represents and warrants that the Team will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Producer Entity. Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. The Team agrees to indemnify and hold harmless the Producer Entities, and each of them, from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of the Team hereunder.

 

  1. Conditions of Participation. This Online Submission is subject to all applicable federal, state, and local laws. The Team hereby: (a) agrees that Producer Entities shall have no liability whatsoever for, and shall be held harmless by the Team against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in this Online Submission or any related activity; (b) release the Producer Entities and their respective advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members from all liability, claims, action, or proceedings relating to this Online Submission and from injuries or damages arising in connection with or relating to participation in this Online Submission; and (c) waive any right to claim ambiguity in the Online Submission or these Terms and Conditions. Producer reserves the right to modify these Terms and Conditions, remove suspect Submission Videos, and/or cancel, terminate or suspend any portion of this Online Submission at any time and for any reason (or no reason at all) in its absolute discretion.

 

  1. Privacy Policy. Any personal information supplied by the Team to Producer in this Online Submission will be subject to the privacy policy posted at http://www.gameshowdepartment.tv/privacy-policy/. By participating in the Online Submission, the Team grants the Producer Entities permission to share the Team’s email address and any other personally identifiable information with the other Producer Entities for the purpose of this Online Submission and/or the production of the Program.

 

  1. Nature of Relationship / Waiver of Equitable Relief. The Team understands and acknowledges that the Producer Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees.  The Team acknowledges that many ideas may be competitive with, similar or identical to the Submission Video and/or each other in theme, idea, format or other respects.  The Team acknowledges and agrees that the Team will not be entitled to any compensation as a result of the use by the Producer Entities of any such similar or identical material.  The Team acknowledges and agrees that the Producer Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission Video.  The Team acknowledges that, with respect to any claim by the Team relating to or arising out of the actual or alleged exploitation or use of any Submission Video or other material submitted in connection with the Online Submission by any Producing Entity, the damage, if any, thereby caused to the Team will not be irreparable or otherwise sufficient to entitle the Team to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Program or any other production based on or allegedly based on the Submission Video or the Program, and the Team’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

  1. Important: Please Read General Release and Limitations on Liability. By participating in this Online Submission, each Team agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Submission, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Team be permitted to obtain any award for, and the Team hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.

 

The Team further acknowledges and agrees that the Producer Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer Entities or otherwise, that may limit an participant’s ability to participate in this Online Submission; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Online Submission and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Online Submission and/or the Program application and audition process (including, without limitation, claims, costs, injuries, losses and damages, including without limitation, any claims related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by the Team for defamation or portrayal in a false light.   Producer Entities assume no responsibility for any damage to the Team’s computer system, which is occasioned by accessing the Online Submission Website, or participating in this Online Submission, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

 

  1. Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE SUBMISSION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE SUBMISSIONS, SHALL 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 OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.

FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING ANY OTHER TERM HEREIN, IN NO EVENT WILL THE PRODUCER ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE TEAM’S PARTICIPATION IN THE ONLINE SUBMISSION. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE TEAM OR MEMBERS OF THE TEAM. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE SUBMISSION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

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