ELIGIBILITY REQUIREMENTS AND RELEASES
1) You must either (a) be a citizen of the United States and able to legally travel to and re-enter the United States from any foreign country in connection with your participation (if any) in the television program currently entitled “Adventure Capitalists” (the “Program”), OR (b) have U.S. Immigration status or a visa that allows you to stay legally in the United States to participate in the Program, as determined by Bongo, LLC (“Producer”) in its sole discretion, and be able to legally travel to and re-enter the United States from any foreign country in connection with your participation (if any) in the Program. You must have in full force and effect beginning no later than and continuing through the end of 2017 any necessary or appropriate visa(s) or waiver(s) to enable you to legally participate in the Program in the United States.
2) You must not be a candidate for public office and must agree not to become one until one (1) year after the initial exhibition of the episodes of the Program in which you appear, if selected as a participant.
3) Producer and NBCUniversal (as defined below) reserve the right to render ineligible any person who either of them determines, in their sole discretion, is sufficiently connected with the production, administration, judging, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety. In making this decision, Producer and NBCUniversal may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:
a. Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;
b. NBCUniversal Television Group or any of its parent, subsidiary or affiliated entities, including, without limitation, NBCUniversal Media, LLC, its broadcast networks and studios, cable networks and studios, film businesses, digital businesses, parks and resorts (collectively, “NBCUniversal”) (for more information about NBCUniversal businesses, please visit http://corporate.comcast.com or http://www.nbcuni.com);
c. Any sponsor of the Program or its advertising agency; or
d. Any person or entity supplying goods, services or prizes (as applicable) to the Program.
4) If you are selected as a potential participant you must execute waivers and release agreements required by Producer and NBCUniversal or any of their licensees, successors, or assigns.
5) You will need to be available to the production between 1/1/17 and 12/31/17 (dates subject to change in Producer’s sole discretion) and be willing to travel to various locations as part of production.
6) Any offer to become a participant may be conditioned upon your submission to a background check and physical examinations.
7) You hereby give the following representations, warranties, acknowledgements, consents, and releases:
a. By signing below, you hereby represent, warrant, acknowledge, and agree that: (i) you have read and you meet and agree to be bound by the eligibility requirements; (ii) you have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this may be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if you meet the eligibility requirements, Producer has no obligation to further contact you, to interview you, and/or select you as a participant; (v) even if you are selected as a participant, Producer has no obligation to produce the Program and NBCUniversal has no obligation to exhibit it, even if produced; (vi) you agree to keep strictly confidential all information about the Program that you may acquire during the participant selection process and/or during your 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; and (viii) Producer has no obligation to return any materials submitted by me as part of the application or otherwise whether or not I am selected as a participant.
b. (b) By submitting this application, you hereby consent to the recording, use and reuse by Producer, NBCUniversal, and any of the Released Parties (as defined below) of your voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with your application to be a participant in the Program or in any materials submitted by you in connection with your application or otherwise (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. You agree that the Released Parties or any of them may use all or any part of your Likeness, and may alter or modify it regardless of whether or not you are recognizable. You further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that you have provided in connection with your application and any other materials that you have provided or may provide in connection with your application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and your Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if you perform or include any music (other than music supplied to you by Producer) in connection with your application or the Program, you represent and warrant that you own all rights to such music, and you grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and NBCUniversal for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. You further agree that Released Parties may use your Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. 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 paid any money for giving Released Parties these rights or for signing this application.
c. You hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about you, about any of the statements made by you in your application, any supporting documents and any other documents that you have signed or provided or do sign or provide in connection with your application to be selected as a participant in the Program, or any other written or oral statements you make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, you irrevocably authorize Producer and any person or entity designated by Producer to secure information about you and your experiences from your current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, any branch of the military, and any references you have provided, and you irrevocably authorize such parties to provide information concerning you. You 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 investigation. To maximum extent permitted by law, you specifically authorize investigation of your employment records, medical records, and government records, including but not limited to your motor vehicle records, criminal records, civil records, military records, credit and consumer report(s). You 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.
d. You hereby authorize Producer and any person or entity designated by Producer to conduct physical examinations of you as required by Producer, in Producer’s sole discretion to the maximum extent permitted by law. You further authorize the individuals conducting such examinations of you to disclose to Producer and their representatives all information about you obtained in connection with such examinations, and authorize Producer to utilize such information in selecting participants for the Program. In the alternative (in Producer’s sole discretion), you will provide Producer with certification from your personal physician stating that you are physically fit and have no medical condition that would prevent you from participating in the Program, and that engaging in the Program would not endanger your health in any way or give rise to any medical condition or exacerbate any medical condition you may have.
e. You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and NBCUniversal in their sole discretion. You further understand that those certain individuals, NBCUniversal, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. You understand and agree that all participant selection and elimination decisions shall be final and binding on you in all respects, and shall not be subject to challenge or appeal.
8) CONFIDENTIALITY. Whether or not you am selected to be a participant on the Program, you shall keep in strictest confidence and shall not, 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) any of the following, which is the exclusive property of Producer or NBCUniversal: 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 NBCUniversal, the business of Producer or NBCUniversal, any program produced by Producer or exhibited by NBCUniversal, including, without limitation, any information concerning or relating to the Program, 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 you sign, have signed or receive from Producer or NBCUniversal at any time (collectively, the “Confidential Information”). You acknowledge and agree that your obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by NBCUniversal by giving you written notice of termination. In no event will you have the right to terminate your confidentiality obligations under this application. You acknowledge that in the event you breach the confidentiality or any other provisions of this application, your breach may, in the sole discretion of Producer or NBCUniversal 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 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, You 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 you.
9) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, you irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of your participation in or in connection with the Program, including, without limitation, the recording of your Likeness and the Materials, your participation in the participant selection process of the Program, and any exploitation of the Program, your Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, you agree not to sue the Released Parties as a result of the recording or use of your Likeness or the Materials (including, without limitation, any claim that such use defames you or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. 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.
10) As used herein, “Producer” shall include Bongo, LLC, 3 Ball Entertainment, LLC and each of their licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. You agree that Producer may license, assign, and otherwise transfer this application and all rights granted by you under this application to any person or entity.
11) CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of California.
12) 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 YOU BY PRODUCER UPON REQUEST. THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE (i) AN EXPERIENCED ARBITRATOR, WHO IS EXPERIENCED IN THE ENTERTAINMENT INDUSTRY, AND] LICENSED TO PRACTICE LAW IN , OR (ii) A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. 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, YOU AGREE THAT GIVEN THE UNIQUE NATURE 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, YOU 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. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITATION OF ANY FEDERAL OR STATE CLAIM YOU BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY: THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
13) 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.