WHEEL OF FORTUNE® Contestant Search
Terms of Participation/Submission Agreement
PLEASE READ CAREFULLY. IF YOU, OR, IF YOU ARE A “MINOR” AS DEFINED BELOW, YOUR PARENTS, OR LEGAL GUARDIAN (COLLECTIVELY, “PARTICIPANT”) CHECK THE BOX PROVIDED AT THE END OF THESE TERMS OF PARTICIPATION/SUBMISSION AGREEMENT (“TERMS OF PARTICIPATION”) AND THEN CLICK THE SUBMIT BUTTON, PARTICIPANT AGREES TO BE BOUND BY THESE TERMS OF PARTICIPATION, WHICH INCLUDE, AMONG OTHER ELEMENTS, PROVISIONS GIVING THE STUDIO PARTIES (AS DEFINED BELOW) BROAD RIGHTS TO USE PARTICIPANT’S AUDITION MATERIALS (AS DEFINED BELOW), PARTICIPANT’S AGREEMENT TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, PARTICIPANT’S WARRANTIES AND REPRESENTATIONS, PARTICIPANT’S AGREEMENT TO INDEMNIFY THE STUDIO PARTIES, AND PARTICIPANT’S BROAD AGREEMENT TO RELEASE THE STUDIO PARTIES FROM ANY LIABILITY IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THIS CONTESTANT SEARCH.
These Terms of Participation will govern each participant’s participation in the Contestant Search.
2. ELIGIBILITY: In order to be eligible to participate in this Contestant Search, Participant must be a legal resident of one of the fifty states of the United States or the District of Columbia and must be 18 years of age (If the age of majority in Participant’s jurisdiction is older than 18, then Participant must be the age of majority in that jurisdiction) or older. Please note, if an individual is between the ages of 13 and the age of majority in his/her jurisdiction (a “Minor”), then this submission agreement (and of all of its covenants, representations and warranties) must be entered into by the Minor’s parent or legal guardian (for the purposes of Minors, “Participant” throughout this Agreement shall mean the Minor’s parent or legal guardian). Any Audition Materials must be submitted by the Minor’s parent or legal guardian. For purposes of clarification, all submissions and Audition Materials must be submitted DIRECTLY FROM the Minor’s parent or legal guardian and, where applicable, from the Facebook account of the parent or legal guardian. Individuals under the age of 13 cannot participate in this Contestant Search, even with the consent of a parent or legal guardian.
Participant (or the Minor for whom Participant is legally responsible) cannot be under contract with any company, agency, organization, union, or individual that would prohibit Participant, or otherwise in any way restrict Participant, from participating and/or making the grant of rights outlined below in connection with this Contestant Search. Participant is not eligible to be a contestant on the Show if Participant works for, or is related to, anyone who works for Sony Pictures Entertainment Inc., Sony Pictures Television Inc., Sony Pictures Television International, CBS Television Distribution Group, Quadra Productions, Inc., game show prize suppliers, Enteractive Solutions Group Inc. or any affiliated television stations or networks (including advertisers and related radio stations) which broadcast Wheel of Fortune or Jeopardy!. Participant is not eligible to be a contestant on the Show if Participant has appeared on another game show, dating-relationship show or reality show in the last year or three game shows, dating-relationship shows or reality shows in the last ten years. Participant is not eligible to be a contestant on the Show if Participant has appeared on any version of the Show (including the daytime version with Pat Sajak, Chuck Woolery, Bob Goen or any other hosts), Teen Week, or Wheel 2000).
If the production company associated with the Show selects Participant (or the Minor for whom Participant is legally responsible) to attend an audition and/or selects Participant (or the Minor for whom Participant is legally responsible) to participate as a contestant on the Show (or for any other purposes), Participant will have to meet any other requirements (including, without limitation, submitting to a background check and executing additional documentation) set by the production company at the time of such consideration, including but not limited to Participant’s compliance with the Show’s contestant eligibility requirements.
If Participant (or the Minor for whom Participant is legally responsible) is selected to attend an audition and/or selected to participate as a contestant on the Show, all expenses incurred including, but not limited to, travel to and from the audition, travel to and from Los Angeles (if selected as a contestant), accommodations and any other expenses associated therewith will be the sole responsibility of Participant.
To the extent the Contestant Search permits Minors (as determined by certain state laws) to participate, it will be posted on the Contestant Search Site, and information will be provided for parents and guardians to provide any necessary consents, agree to these Terms of Participation for their child or ward, and upload Audition Materials as directed for their child or ward.
To the extent SPE provides any materials (e.g., a portion of a script) in connection with a Contestant Search for use by Participants to prepare their audition video (“SPE Assets”), SPEis granting such Participants only a limited, revocable, non-sublicensable, license to use the SPE Assets for the sole purpose of creating and submitting the video in order to participate in this Contestant Search and participants may make no further use whatsoever of the SPE Assets for any purpose whatsoever. In addition, each participant recognizes that all of the rights, title, and interest in the SPE Assets, as well as all derivative works created using the SPE Assets, shall vest exclusively in SPE, and that he or she may not take and agrees not to take any action that might harm or adversely affect SPE’s rights in and to the SPE Assets. No right, title, or interest in and to the SPE Assets, except for the limited license granted to participant in these Terms of Participation, is transferred or created.
The submission of Audition Material, or the participation in a Show audition if selected to attend, does not guarantee Participant (or the Minor for whom Participant is legally responsible) an audition or a spot on the Show, respectively. The Show is under no obligation to select Participant (or the Minor for whom Participant is legally responsible) to attend an audition or participate as a contestant. It is entirely at the discretion of the Show’s producers.
4. NATURE OF RELATIONSHIP: Nothing in these Terms of Participation or any other agreement with Participant shall be deemed to create an employment or agency relationship between SPE and Participant. Participant agrees that he/she shall not look to SPE for any compensation, employment and other benefits, except as specifically set forth in these Terms of Participation. Participant hereby acknowledges and agrees that the relationship between Participant and SPE and any of its designees is not a confidential, fiduciary, or other special relationship, and that Participant’s decision to provide his/her Audition Materials to SPE for the purposes of the Contestant Search does not place any of the Studio Parties (as defined below) in a position that is any different from the position held by members of the general public with regard to elements of such Participant’s Audition Materials.
5. NO OBLIGATION TO USE: The Studio Parties (as defined below) shall have no obligation (express or implied) to distribute or use any Audition Materials or to otherwise exploit any Audition Materialsor make use of any of the rights granted herein or, if commenced, to continue the exploitation thereof, and the Studio Parties may at any time abandon the use of any Audition Materials for any reason, with or without legal justification or excuse, and participant shall not be entitled to any damages or other relief by reason thereof.
6. GRANT OF RIGHTS: Uponsubmission of the Audition Materials to SPE, each Participant automatically grants to SPE, its subsidiaries, affiliates and related parties (including, without limitation, any producers associated with the Contestant Search and/or the Show), and their authorized designees, and each of the foregoing entities’ respective officers, directors, employees, agents, and representatives, including without limitation, casting director(s) and representatives associated with the Show (collectively, the “Studio Parties”), an irrevocable, fully paid, royalty-free, worldwide, perpetual, unrestricted, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license, to display, publicly perform, copy, reproduce, edit, modify (digitally or otherwise), adapt, review, annotate, combine with other content and/or materials, stream, download, transmit, broadcast, distribute, host, cache, maintain, webcast, mobilecast, tag, track, format, re-format, link to and from, make available, communicate about, publish, perform, post, use, create derivative works from, and/or otherwise exploit (collectively, “Use”), and allow others to Use (i) such Participant’s (or the Minor’s for whom Participant is legally responsible) name image, likeness, signature, performance, photographs, statements, opinions, and biographical and other information (“Participant’s Likeness”), and (ii) such participant’s Audition Materials (in whole or in part, and including, without limitation, Participant’s Likeness and voice as recorded/provided therein, and any other voices, likenesses, images, or performances of any other individual appearing in the Audition Materials (if any), and any other ideas, concepts, feedback, digital recordings and/or other materials and content therein, in any manner and/or media now existing or hereinafter devised, for any reason as desired by the Studio Parties in their sole and exclusive discretion, including, without limitation, in connection with the Contestant Search and the Show and/or programs or promotions related thereto, and/or in connection with any other projects associated with the Studio Parties, worldwide, in perpetuity, without notification, clearance, permission, consent, payment, compensation or credit to participant or to anyone else appearing in the Audition Materials. Participants hereby waive, on their own behalf and on behalf of any third parties who might have shot or photographed any part of the Audition Materials, and on behalf of each of Participant’s (or the Minor’s for whom Participant is legally responsible) and any other person’s respective heirs, successors and assigns, any so-called "moral rights of authors" or "droit moral" rights which participant or any other persons appearing in the Audition Materials may have in connection with Participant’s (or the Minor’s for whom Participant is legally responsible) Audition Materials (and/or any component thereof), and to the extent such waiver is unenforceable, participant hereby covenants and agrees on his/her own behalf and on behalf of any such third parties who might have shot or photographed any part of the Audition Materials and on behalf of each of their respective heirs, successors and assigns, not to bring any claim, suit or other legal proceeding against any of the Studio Parties or any of their successors claiming that such "moral rights of authors" or "droit moral" rights have been violated.
Participant agrees to indemnify and hold harmless the Studio Parties and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from: (i) Participant’s (or the Minor’s for whom Participant is legally responsible) Audition Materials and/or participation in connection with the Contestant Search; (ii) the breach of any of Participant’s warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Participation; (iii) participant’s violation of any person's intellectual property, privacy, publicity or other right; (iv) Participant’s violation of any applicable laws, rules or regulations; or (v) Participant’s negligent or willful misconduct. Any of the Studio Parties, as applicable, reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by participant, in which event Participant will cooperate with the applicable Studio Parties in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of Participant’s participation in connection with the Contestant Search.
8. FURTHER DOCUMENTS: Participant acknowledges that his/her participation in the Contestant Search may be subject to additional agreements specified by SPE. SPE shall have no obligation of any sort in relation to any participant that fails to provide, obtain, or execute any necessary documentation.
If Participant (or the Minor for whom Participant is legally responsible) is selected to attend an audition for the Show and/or is selected to participate as a contestant on the Show, such engagement will be subject to additional agreements and documentation.
In addition, at the request of SPE, Participant shall execute and deliver to SPE such documents and agreements as SPE may deem reasonably necessary to establish, protect, enforce and/or defend any or all of Studio Parties’ rights and the rights in any Audition Materials related to the Contestant Search. If Participant fails or is unable to promptly execute such documents or instruments, Participant hereby irrevocably appoints SPE as his/her attorney-in-fact to execute and file such documents or instruments or to do any such acts or deeds, provided that said documents, instruments, acts and deeds shall not be inconsistent with these Terms of Participation.
9. GENERAL CONDITIONS: SPE reserves the right to modify, suspend or terminate the Contestant Search at any time. The Studio Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, or delayed Audition Materials; all of which will not be considered. Studio Parties are also not responsible for problems uploading or downloading any Contestant Search-related information or materials from the Contestant Search Site, or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Audition Materials to be received by SPE on account of technical problems, traffic, congestion on the internet, the Contestant Search Site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a person’s ability to participate in this Contestant Search. Studio Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, mechanical, electronic, network, computer, human or otherwise relating to or in connection with the Contestant Search, including, without limitation, errors or other malfunctions, which may occur in connection with the administration of the Contestant Search, the processing of Audition Materials, the tabulation of votes (if applicable), the uploading of any Audition Materials, the existence, availability, cancellation or postponement of any activities related to the Contestant Search (if any), or in any Contestant Search-related materials. Studio Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from (i) Participant’s (or the Minor’s for whom Participant is legally responsible) participation in the Contestant Search or (ii) the use by any of the Studio Parties of Participant’s Likeness or the use of the likeness, voice, image or performance of any third party in such Participant’s Audition Materials submitted; or (iii) the exercise by any of the Studio Parties of the rights granted by such Participant hereunder. Studio Parties assume no responsibility for any damage to any Participant’s computer which is occasioned by accessing the Contestant Search Site or participating in the Contestant Search. SPE reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Contestant Search or the Contestant Search Site, to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt this Contestant Search or to annoy, abuse, threaten or harass any other person and all associated Audition Materials will be void. Participant understands that it may be a federal offense punishable by fine and/or imprisonment for anyone to do anything which would rig or in any way influence the outcome of the Contestant Search and that it may be a federal offense to offer or to accept any information or secret assistance in connection with the Contestant Search and Participant agrees that he/she will not participate in any such act or any other deceptive or dishonest act with respect to the Contestant Search. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTESTANT SEARCH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY SUCH PERSON FROM THE CONTESTANT SEARCH.
10. RELEASE OF LIABILITY: PARTICIPANT RECOGNIZES THAT THE STUDIO PARTIES ARE RELYING UPON PARTICIPANT’S WARRANTIES AND REPRESESENTATIONS, ITS GRANT OF RIGHTS, AND THE OTHER TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF PARTICIPATION, PARTICIPANT, ON ITS OWN BEHALF AND ON BEHALF OF ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY IRREVOCABLY RELEASES AND DISCHARGES TO THE FULLEST EXTENT PERMITTED BY LAW EACH OF THE STUDIO PARTIES FROM ANY LIABILITY THAT MAY ARISE IN CONNECTION WITH (I) PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) PARTICIPATION IN THE CONTESTANT SEARCH, (II) THE USE BY ANY OF THE STUDIO PARTIES OF ANY OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) AUDITION MATERIALS, INCLUDING, WITHOUT LIMITATION, THE USE OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) REAL OR STAGE NAME, LIKENESS, VOICE, IMAGE OR PERFORMANCE OR THE USE OF THE LIKENESS, VOICE, IMAGE OR PERFORMANCE OF ANY THIRD PARTY IN ANY OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) AUDITION MATERIALS, (III) THE EXERCISE BY ANY OF THE STUDIO PARTIES OF THE RIGHTS GRANTED BY PARTICIPANT HEREUNDER, (IV) THE ACQUISITION, SHARING AND/OR USE OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) PERSONAL INFORMATION BY ANY OF THE STUDIO PARTIES, (V) ANY AMBIGUITY OR ERRORS IN ANY MATERIALS RELATED TO THIS PROGRAM, (VI) ANY CHANGES IN THE CONTESTANT SEARCH, WHICH THE STUDIO PARTIES MAY MODIFY IN THEIR SOLE DISCRETION AT ANY TIME, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OR DIFFICULTY OF ACCESSING THE CONTESTANT SEARCH SITE; (VIII) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS; (IX) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE STUDIO PARTIES IN CONNECTION WITH THIS PROGRAM OR THE USE OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) AUDITION MATERIALS; (X) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY; AND/OR (XI) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE STUDIO PARTIES.
PARTCIPANT HEREBY VOLUNTARILY AND EXPRESSLY WAIVES AND RELINQUISHES ON HIS/HER OWN BEHALF AND ON BEHALF OF HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, THE PROVISIONS, RIGHTS AND BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 - WHICH READS AS FOLLOWS: 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 – AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES.
11. AGREEMENT TO BINDING ARBITRATION: PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO ITS CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO THESE TERMS OF PARTICIPATION. PARTICIPANT ALSO AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF PARTICIPATION OR THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, WILL BE SUBMITTED TO, AND DETERMINED BY, FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). THE ARBITRATION SHALL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES, OR IF THE PARTIES CANNOT AGREE, THE ARBITRATOR WILL BE APPOINTED BY JAMS. THE FEES OF THE ARBITRATOR WILL BE BORNE EQUALLY BY THE PARTIES, PROVIDED THAT THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER CALIFORNIA LAW. THERE SHALL BE A RECORD OF THE PROCEEDINGS AT THE ARBITRATION HEARING AND THE ARBITRATOR SHALL ISSUE A STATEMENT OF DECISION SETTING FORTH THE FACTUAL AND LEGAL BASIS FOR THE ARBITRATOR'S DECISION. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS, PRELIMINARY AND PERMANENT INJUNCTIONS. PRIOR TO THE APPOINTMENT OF THE ARBITRATOR OR FOR REMEDIES BEYOND THE JURISDICTION OF AN ARBITRATOR, AT ANY TIME, THE STUDIO PARTIES MAY SEEK PENDENTE LITE RELIEF IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES COUNTY, CALIFORNIA WITHOUT THEREBY WAIVING THEIR RIGHT TO ARBITRATION OF THE DISPUTE OR CONTROVERSY UNDER THIS PARAGRAPH. ALL ARBITRATION PROCEEDINGS WILL BE CLOSED TO THE PUBLIC AND CONFIDENTIAL AND ALL RECORDS RELATING THERETO WILL BE PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT CONFIRMATION OF THE ARBITRATION AWARD.
12. NO INJUNCTIVE RELIEF REMEDY: EACH PARTICIPANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL UNDER NO CIRCUMSTANCE HAVE THE RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SHOW OR THIS CONTESTANT SEARCH OR ANY RELATED PROJECT, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF ANY OF THE STUDIO PARTIES, OR THE USE BY ANY OF THE STUDIO PARTIES OF ANY OF THE AUDITION MATERIALS AND/OR ANY FOOTAGE AS PERMITTED HEREUNDER.
[ ] I agree to abide and be bound by these Terms of Participation and the decisions of SPE, which are final and binding.