Read YOS_Submission_Contributor_Release.pdf text version

OWN: THE OPRAH WINFREY NETWORK ("OWN") SUBMISSION CONTRIBUTOR RELEASE [Document must be signed by everyone who works on or appears in (except for public crowd shots) a Submission] "CONTRIBUTOR" = ______________________________________________________________ [Print name(s) of Person(s) contributing to the video Submission] By signature below, each of the undersigned signifies his or her agreement as follows: For good and valuable consideration including the possibility of publicity, the receipt and sufficiency of which is hereby acknowledged, I hereby irrevocably grant to OWN all services and appearances rendered by me, and all ideas and materials provided by me, in connection with the development, production and/or exploitation of print, graphic, audio and/or visual or other content, projects, productions, campaigns and/or programs relating to the audition video ("Submission") for _____________________________ ("Applicant") to be submitted for consideration for an online audition and television series currently entitled "Your OWN Show: Oprah's Search for the Next TV Star" (collectively, "Project"). This submission is a "work-for-hire" as that term is used in copyright law. I hereby represent and warrant that any statements made by me or material provided by me is wholly original with me or is fully cleared by me and that neither such material nor OWN's use of the material as contemplated by this release will infringe or violate any rights of any person or entity or breach any contract restrictions of any third parties. I hereby irrevocably grant to OWN all rights of every kind and character whatsoever in all media and languages now known or hereafter devised (including, but not limited, film, television, videocassettes, interactive devices and digital media and on-line systems) throughout the world, in perpetuity, in and to all work done, and all poses, acts, plays and appearances made by me, my voice and instrumental, musical or other sound effects produced by me, and in and to all of the results and proceeds of my services as well as in and to the right to use my name, likeness, voice and photographs either still or moving, for all commercial and non-commercial purposes (including, but not limited to, merchandising, advertising and promotion purposes). Without limiting the foregoing, I further irrevocably give and grant to OWN the right to adapt, change, edit, modify, add to, delete, combine with other materials, record, reproduce, distribute and otherwise exploit the same by any means now known or hereafter devised. I understand and agree that Applicant may assign all rights hereunder to OWN, and OWN may freely assign or transfer its rights hereunder, in whole or in part. Without limiting the foregoing in any manner, I acknowledge and agree that I shall not at any time use or cause any other party to use, any of OWN's names, logos, trade names or trademarks (including, but not limited to, OWN: The Oprah Winfrey Network (which includes its agents, affiliates, assigns and/or subsidiaries, either wholly or partially owned), Oprah Winfrey, Oprah, and Project), or those of any OWNrelated companies, (including, but not limited to Harpo Productions, Inc. and Discovery Communications, LLC, and their subsidiaries and affiliated companies) in connection with any kind of advertising and promotion, publicity, merchandise, tie-in, product or service. I hereby irrevocably agree that I will not assert nor maintain against (a) Jean Worldwide, Inc., One Three, Inc., and any of their respective affiliated or related entities, (b) OWN or any of its agents, parent, subsidiary or affiliated entities (including without limitation Discovery Communications, LLC and Harpo, Inc.) or any television station owned and operated by 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 Network Affiliates, (c) any sponsor of the Project or its advertising agency, or (d) any person or entity supplying services or prizes to the Project, any claim. action, suit or demand of any kind or nature, whatsoever, including, but not limited to, those grounded upon invasion of privacy or of publicity or any other rights (including, without limitation, intellectual property rights), defamation, libel or slander or for any other reason in connection with the exercise of the rights granted herein. I realize that OWN is relying upon this Release in using me in the making of the Project and, accordingly, I hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief against OWN. I further acknowledge and agree that any breach by me of this Release will cause OWN irreparable harm, and therefore, OWN will be entitled to injunctive or equitable relief (without the need to post bond or surety or show harm) in addition to all other remedies available at law or in equity, in any court of competent jurisdiction. The releases hereunder are intended to apply to all claims now known or suspected

to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims. This Release will be governed by the laws of the State of California applicable to agreements executed and to be fully performed therein (without regard to the conflict of laws provisions thereof). The parties hereto agree to submit to jurisdiction in the State of California. Any controversy or claim relating to this release ("Claim") shall be governed by and construed in accordance with the substantive laws of the State of California without regard to California choice of law rules. All Claims shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitration shall be initiated and conducted according to the applicable JAMS Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor in effect at the time the request for arbitration is made. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages.

No compensation will be paid hereunder. 1. Name: ____________________________________ Address:___________________________________ __________________________________________ __________________________________________ Phone Number:______________________________ E-mail address:______________________________ Age and Date of Birth:________________________ Worked on/ Appears in Video: (circle one) If appears in video, describe personal characteristics: _______________ ___________________________________________________________

I have read and agree to the Submission Contributor Release. Accepted and Agreed to By: Date as of:_________________________________ [Insert date of service/appearance]

Signature: (Contributor)_____________________________________________________________

2.

Name: ____________________________________ Address:___________________________________ __________________________________________ __________________________________________ Phone Number:______________________________ E-mail address:______________________________ Age and Date of Birth:________________________ Worked on/ Appears in Video: (circle one) If appears in video, describe personal characteristics: _______________ ___________________________________________________________

I have read and agree to the Submission Contributor Release. Accepted and Agreed to By: Date as of:_________________________________ [Insert date of service/appearance]

Signature: (Contributor)_____________________________________________________________

PLEASE ATTACH ADDITIONAL SIGNATURE PAGES IF NECESSARY.

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