Terms & Conditions
ELIGIBILITY REQUIREMENTS AND RELEASES
1) Your eligibility to be selected as a participant in the Program shall be conditioned upon your satisfaction of such requirements as Producer (as hereinafter defined) shall determine in its sole discretion, which shall include, but not be limited to, the following:
- You must be 18 years of age or older to participate.
- You must be a legal US resident.
- You must not be a candidate for public office and must agree not to become one until after one (1) year after the initial exhibition of the episode(s) of the Program in which you appear, if selected as a participant.
- You must maintain and provide proof of general liability/product liability insurance with coverage limits of not less than [$1M], subject to change at Producer’s sole discretion. If selected as a participant, you will need to produce the liability insurance policy and name Producer, NBCUniversal (as hereinafter defined) and their designees associated with, exhibiting, sponsoring or advertising in connection with the Program as additional insureds.
- You must satisfy Producer’s requirements whereby an applicant may be deemed ineligible, in the sole discretion of the Producer and NBCUniversal, to participate in the Program by reason of a prior or existing relationship between the applicant and any person or entity involved in the development, production, exhibition or distribution of the Program (or affiliated with any such person or entity).
- You must be willing to submit medical information to Producer, and you must be willing to submit to a medical examination, psychological examination and background check.
- You must execute further agreements as required by Producer and NBCUniversal or any of their licensees, successors or assigns (the “Producer Parties”) in connection with your potential participation in the Program, which shall include, but not be limited to, waivers and release agreements.
- If selected as a participant, you must have enough inventory of your Product on hand to participate in the Program.
- Your Products must be developed and manufactured in a socially responsible country under no legal restriction against doing business in the United States (cf. Schedule I for a list of approved countries for this purpose).
- You must agree to share your and your company’s personal and business information, Product, and story and history with Producer and its designees and agree that such information may be shared with the general public for the purpose of promoting the Program and/or your company and that no monies will be payable for your sharing this information and/or its use or exploitation in or in connection with the Program or any advertising, promotion, marketing or publicity in connection therewith.
- If selected as a participant, you must be personally willing, able and ready to appear on national television to sell your Product.
2) You hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process and/or from the Program contest (if any), if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and NBCUniversal has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program thatI may acquire during the participant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant; (ix) my submission of this application and the information I provide in connection with it (including information regarding the Product) are not and shall not be claimed to be confidential in any respect; (x)no promise, express or implied, has been made to induce me to submit this application or the Product; (xi) the Producer Parties have a diversified submission process for the Program and otherwise that includes numerous submissions of products by other applicants and therefore may possess or come into possession of information, ideas or products similar or identical to information, ideas or the Product contained in my submission, and should there be any such similarities or identical information, I will not pursue any claim or entitlement to compensation, credit or other consideration against any of the Released Parties (as hereinafter defined) and hereby release the Released Parties from any and all claims relating to my submission to the full extent of the releases set forth in Paragraph 4 below, including, any claim I might otherwise have if my submission does not reach Producer for any reason; (xii) all products submitted by me and all materials submitted with a product (“Vendor Materials”) shall be original with me and no other person or entity has an interest therein or claim thereto or I have sufficient rights in and to all such products and Vendor Materials such that my submission to Producer hereunder shall not violate the intellectual property rights or other rights of any third party, nor shall the consent of any other person or entity be required for me to present such products and Vendor Materials for sale in or in connection with the Program; and (xiii) the Product does not infringe on the patent, copyright or other intellectual property of any person or entity.
(b) I understand that I will not be paid any money for giving Released Parties any rights hereunder or for signing this application.
(c) I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in my application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, any branch of the military, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such To the maximum extent permitted by law, I specifically authorize investigation of my employment records, medical records, and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, credit and consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program, to the maximum extent permitted by law.
(d) I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
3) Confidentiality. Without the express prior written consent of Producer, I shall not at any time, and shall not authorize or cause others to, directly or indirectly, reveal, report, publish, use or disclose any information or trade secrets obtained or learned by me about the Program, including, without limitation, any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, any information concerning or relating to the Program or any person or entity involved in or associated with the development, production, exhibition or distribution of the Program, or any ideas, products, inventions, services or businesses presented by any participant in connection with the Program, any program produced by Producer or exhibited by NBCUniversal, including, without limitation, any information concerning or relating to the Program, the participant selection process, the Program 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 this application or any other agreement or document that I sign, have signed or receive from Producer or NBCUniversal at any time (collectively, “Confidential Information”). This confidentiality obligation shall remain in place whether or not I am selected to participate in the Program, and shall continue both during and after my participation in the participant selection and, if I am selected as a participant, my participation in the Program, and shall continue regardless of whether or not an episode of the Program has been broadcast which may include some or all of the Confidential Information. I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Producer has instructed me to use the Confidential In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer or NBCUniversal, result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and NBCUniversal irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and NBCUniversal 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 this application by me.
4) Release and Covenant Not to Sue. To the maximum extent permitted by law, I, for myself and my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns and any companies owned or controlled by me, irrevocably and unconditionally release, and covenant not to sue, each of the Released Parties (as hereinafter defined) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out, resulting from or by reason of my application for and/or participation in or in connection with the Program, any disclosure of my idea, product, invention, service or business, the failure of the Producer to select me as a participant, including, without limitation, my participation in the participant selection process of the Program, and any exploitation of the Program, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light, defamation, breach of trust, breach of express or implied contract, misappropriation of trade secrets, unfair competition, unfair business practices, patent, idea theft, copyright, trademark, or breach of any statutory or other duty of care owed under applicable laws), regardless of whether caused by the negligence or willful misconduct of the Released Parties (the “Released Claims”).
The term “Producer” shall include DIGA LLC, its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.
The term “NBCUniversal” shall mean and refer to NBCUniversal Television Group or any of its parent, subsidiary or affiliated entities, including, without limitation, NBCUniversal Media, LLC, and its exhibition platforms, television networks and studios, cable networks and studios, film businesses, digital businesses and platforms, parks and resorts.
The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of NBCUniversal Media, LLC, Comcast Corporation, any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors,administrators, successors, licensees and assigns of each of the foregoing.
5) Choice of Law. This application shall be interpreted under the internal, substantive laws of the State of New York, without regard to theconflicts of law provisions
6) Mediation & Arbitration. The parties agree that if any controversy or claim arising out of or relating to this application cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules. IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”, INCLUDING, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES). THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM, AND A FURTHER COPY OF THE JAMS RULES SHALL BE PROVIDED TO ME BY PRODUCER UPON REQUEST. THE JAMS RULES FORSELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE (i) AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN NEW YORK, OR (ii) A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK COUNTY. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE. THE PARTIES AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, THE DAMAGES RECOVERABLE BY THE PARTIES SHALL BE LIMITED TO ACTUAL DAMAGES, AND SUCH PARTIES WAIVE THE RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES THE PARTIES TO ANY DISPUTE HAVE WAIVED HEREIN. FURTHER, I AGREE THAT GIVEN THE UNIQUENATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER, NETWORK AND THEIR LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN ANY INJUNCTIVE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANTING ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING.
7) ELECTRONIC SIGNATURES. This application may be executed by original, facsimile or electronic signature. Any signed copy of this application delivered by facsimile or electronic transmission shall for all purposes be treated as if it had been delivered containing myoriginal signature, and shall be binding upon me in the same manner as though an original signed copy had been
8) SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by ‘law.
To learn more about how NBCUniversal collects and uses your information as a participant in connection with the production, please see https://www.nbcuniversal.com/privacy/participant. This notice may be updated from time to time.
I have read, understand, and agree with the foregoing. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION.
* For verification purposes only pursuant to 18 U.S.C. §§ 2256 et seq.
FAVORED COUNTRIES FOR SOURCING/MANUFACTURING
|Bermuda||Haiti*||Montenegro||St. Kitts and Nevis|
|Bolivia||Hong Kong||Mozambique||St. Vincent and The Grenadines|
|Bosnia and Herzegovina||Hungary||Namibia||Suriname|
|Burkina Faso||Israel||New Zealand||Tanzania|
|Cape Verde||Japan||Niue||Trinidad and Tobago|
|Cayman islands||Jersey, Channel Islands||Norway||Tunisia|
|Cook Islands||Kiribati||Papua New Guinea||United States|
|Costa Rica||Korea, South||Paraguay||Uruguay|
|Croatia||Kosovo||Peru||Virgin islands (U.S.)|
PERMITTED SOURCING COUNTRIES
|Anguilla||France||Malawi||São Tomé and Principe|
|Antigua and Barbuda||French Guiana||Malaysia||Saudi Arabia|
|Australia||Germany||Marshall Islands||Sierra Leone|
|Denmark||Lebanon||Portugal||United Arab Emirates|
|Dominican Republic||Liechtenstein||Réunion||West Bank and Gaza|
|El Salvador||Luxembourg||Russian Federation|
*Only facilities participating in the Better Word or Better Factories Cambodia programs are eligible