b. Please review these Terms carefully before participating in the Casting, because they affect your rights. By participating in the Casting, you accept these Terms and agree to be legally bound by them. If you do not agree to these Terms, you should immediately stop participating in the Casting.
a. As part of the Casting, you may submit or transmit audio, video, text, or other materials, including so-called “user generated content” (collectively, “User Submissions”) via our online application portal (together with its successor sites, the “Website”) or otherwise. When you provide User Submissions, you grant to McGee Media, LLC, its affiliates and partners, and each and all of their respective successors, licensees and assigns (collectively, “Producer”) a non- exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable and transferable license to use, reproduce, archive, edit, modify, add to, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, images, voices, likenesses and other identifying information of persons included in those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, and for any purpose, including, without limitation, for developing, producing, promoting and/or exploiting the Program. You hereby waive any moral rights you may have in your User Submissions. You grant the rights hereunder whether or not you are selected to participate in the Program in any manner whatsoever. You understand that you will not be entitled to receive any wages, benefits, fees or other compensation for granting these rights or for submitting your User Submissions.
b. General Rights in User Submissions:
i. Producer reserves the right to determine, in its sole discretion, if you are eligible to proceed in the Casting. Producer may, at its sole and absolute discretion, select any eligible person to advance to any round of the Casting. Producer reserves the right in its sole discretion to modify or change the eligibility requirements hereunder from time to time and such modifications will be effective whether or not you receive actual notice thereof.
ii. Producer may refuse, reject or remove a User Submission at any time, with or without notice to you. However, Producer has no obligation to monitor User Submissions, and you agree that neither Producer nor its affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
iii. You agree that your User Submission(s) (including, without limitation, your appearance therein) may be edited, cut, modified, rearranged, combined with other materials, adapted, dubbed or otherwise revised by Producer in any manner whatsoever, in Producer’s sole discretion.
iv. Producer has no obligation to review your User Submission(s) or to use your User Submission(s) in any manner whatsoever.
v. You bear all responsibility for your User Submission(s). You represent and warrant that you have all rights necessary to grant to Producer the license above and that your User Submission(s) do not violate these Terms, the rights of any third party, or applicable law.
a. You are twenty-one (21) years of age or older.
b. You have not been convicted of a felony in the past ten (10) years (whether or not expunged).
c. You are not a member of the Screen Actors Guild - American Federation of Television and Radio Artists (“SAG - AFTRA”), the Alliance of Canadian Cinema, Television and Radio Artists (“ACTRA”) or any other performing artist union or guild. If you are a member of any performing arts union or guild, your participation in the Program or in the Casting, if any, does not constitute a performance or appearance as defined by any performing arts union or guild, nor does it entitle you to any wages, salary, or other similar compensation.
d. You do not have any other contractual arrangement that, in Producer’s sole discretion, would prohibit you from fully participating in the show and/or entering into any contracts required by Producer.
e. Neither you nor any of your immediate family members or anyone living in your household (whether or not related to you) is or has been within the past year, an employee, officer, director, independent contractor, agent or representative of any of the following:
ii. Inkwell Media, LLC (“Inkwell”);
iii. Greater Washington Educational Telecommunications Association, Inc. (“WETA”);
iv. Public Broadcasting Service ("PBS");
v. Corporation for Public Broadcasting (“CPB”);
vi. Any sponsor of the Program;
vii. Any person or entity connected with the administration of the Casting; and/or
viii. Any other person or entity involved in the development, production, distribution, or other exploitation of the Program or any variation thereof.
f. You are not a candidate for public office and will not become a holder of public office until after the date that is one (1) year after the initial broadcast of the last episode of the Program in which you appear.
g. You have not taped an appearance as a contestant or a participant on another television show at any time within one (1) year prior to any of your User Submission(s).
All eligibility determinations shall be made solely by Producer in its sole discretion and are final and binding in all respects. Any offer to become a participant in the Program may be conditioned upon your submission to a background check, at Producer’s sole discretion.
Producer reserves the right to exclude or disqualify, in its sole and absolute discretion, any individual from the Casting for any reason or for no reason at all, including, without, limitation, for any violation of any portion of these Terms or tampering with any aspect of the Casting (including, without limitation, any aspect of the application process). Being contacted by Producer at any point in the Casting does not guarantee that you will be considered further or selected to participate in the Program. Producer also reserves the right in its sole discretion to change these Terms from time to time, with or without notice to you. You will be bound by the most current version of the Terms, which will appear on the Website (if any).
a. If Producer requests registration information from you to set up a user account, you must provide Producer with accurate and complete information and must update the information when it changes. You may not access any age-restricted areas of the Website unless you are the required age or above. In no case are persons under the age of sixteen (16) permitted to use the Website.
b. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than you. You accept responsibility for all activities, charges, and damages that occur under your account, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, please contact Producer immediately at: firstname.lastname@example.org. Producer is not responsible for any loss or damage resulting from unauthorized use of your account.
c. Without limiting any other provision in these Terms, you agree NOT to do any of the following, or assist others in doing any of the following:
i. Access the Website using any interface other than as operated or branded by Producer;
ii. Maintain any link to the Website that Producer asks you to remove, in its sole discretion;
iii. Frame the Website, make the Website available via in-line links, otherwise display the Website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Producer or its affiliates and any third party or potentially deprive Producer of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
iv. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
v. Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Producer deems, in its sole discretion, to be otherwise objectionable;
vi. Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, right to one’s image, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
vii. Transmit files that contain viruses, spyware, adware, or other harmful code;
viii. Advertise or promote any goods, services, persons or entities without Producer’s express, written permission (including, without limitation, by sending unsolicited email);
ix. Remove, modify, disable, block or otherwise impair any advertising;
x. Interfere with another user’s participation in the Casting or otherwise disrupt the Casting;
xi. Disassemble, decompile or otherwise reverse engineer any software or other technology included on the Website or used to conduct the Casting;
xii. Transmit, collect, or access personally identifiable information about other users without the consent of those users and Producer;
xiii. Engage in unauthorized spidering, “scraping,” data mining or harvesting of content, or use any other unauthorized automated means to gather data from the Website or about the Casting;
xiv. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
xv. Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Website, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with any content; or
xvi. Access any portion of the Website that Producer has not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
d. If you violate this section, Producer may terminate your access to the Website and/or your participation in the Casting without notice and take any other actions or seek any other remedies permitted at law, or in equity.
e. Producer may take any of the following actions in its sole discretion at any time, and without giving you prior notice:
i. Change or discontinue the Casting;
ii. Change how Producer offers and operates Casting;
iii. Remove content from the Website;
iv. Restrict, suspend or terminate your access to the Website or features thereof; and
v. Deactivate your accounts and delete all related information and files in your accounts.
a. The Website and its contents are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Website. As between you and Producer, Producer will retain all right, title, and interest in and to the Website. No transfer of ownership to any portion of the Website shall be made as a result of any access you are granted. Except as specifically provided below, Producer reserves all rights to the Website. Subject to your compliance with these Terms, Producer hereby grants, and you hereby accept, a limited, non-exclusive license to access and view the Website for personal, non-commercial purposes in accordance with these Terms. You may not build a business or other enterprise utilizing any part of the Website, whether for profit or not. Except as expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Website; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website; license or sublicense any part of the Website; or in any way exploit any part of the Website. In addition, except as expressly authorized by Producer in writing, you are strictly prohibited from modifying the Website; creating, distributing or advertising an index of any significant portion of the Website; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Website.
b. Producer does not warrant: (1) that the Website, any of the Website’s functions, or any Website content will be uninterrupted or free of errors or omissions; (2) that any such defects will be corrected; (3) that the Website or the servers hosting it are free of viruses or other harmful code; or (4) that the Website or information available through the Website will continue to be available. Producer shall have no liability for any such issues. To the greatest extent permitted by law, Producer disclaims any express or implied warranties, including, without limitation, as to noninfringement, merchantability, fitness for a particular purpose, title, quality, availability and/or subject matter. The Website, including all content and functions made available on, accessed through, or sent from the Website are provided “as is,” “as available,” and “with all faults.”
a. Whether or not you are selected to be a participant on the Program, you shall keep in strictest confidence and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) including personal social media (i.e. Facebook, Twitter, YouTube, Instagram, etc.) any of the following, which, as between you and Producer, is the exclusive property of Producer: any information or materials that you may read, hear or otherwise acquire or learn in connection with or as a result of your participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to PBS, the business of Producer or PBS, any program produced by Producer or exhibited by PBS, including, without limitation, any information concerning or relating to the Program, Casting applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of any User Submissions or any other agreement or document that you sign, have signed or receive from Producer or PBS at any time (collectively, the “Confidential Information”). You acknowledge and agree that your obligations with respect to confidentiality set forth in these Terms shall continue in perpetuity. In no event will you have the right to terminate your confidentiality obligations herein. You acknowledge that in the event you breach the confidentiality or any other provisions of these Terms, your breach may, in the sole discretion of Producer, result in your being disqualified to participate as a participant in the Program. You further acknowledge that a breach by you of any of the confidentiality provisions of these Terms would cause Producer and PBS irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, you hereby expressly agree that Producer and PBS shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of these Terms by you.