This site (“Site”) is operated by MyCastingNet Pty Ltd (“MyCastingNet”) on behalf of Eureka Productions, LLC (“Eureka”), to accept, process and administer online submissions (“Service(s)”) in connection with the television program FARMER WANTS A WIFE.
The Site and the Services (as defined below) are for a general audience and are not targeted to children. Site operators do not knowingly collect personal information from children under 13 years of age.
2.SUBMISSION AND COLLECTION OF INFORMATION ON THE SERVICES
Registration Information is the information you submit to register for a Service, for example, to create an account, post comments, receive a newsletter, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, and birthday.
Public Information and Posts consist of comments or content that you post to the Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture.
Activity Information. When you access and interact with the Services, Eureka and/or MyCastingNet may collect certain information about those visits. For example, in order to permit your connection to the Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Services from a mobile or other device, Eureka and/or MyCastingNet may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device. At this time Eureka and/or MyCastingNet do not respond to browser ‘Do Not Track’ signals, as Eureka and/or MyCastingNet await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.
Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies) are comprised of small bits of data that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so the website, app or other service can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the Services, such as pages you have visited, content you have viewed, search queries you have run and advertisements you have seen.
Third parties that support the Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Services usage statistics, may also use these technologies to collect similar information. Eureka and/or MyCastingNet do not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Services.
Information from Other Sources. Eureka and/or MyCastingNet may supplement the information Eureka and/or MyCastingNet collect with information from other sources, such as publicly available information from social media services, commercially available sources and information from Eureka Affiliates or business partners.
Information from Other Sources. Eureka and/or MyCastingNet may supplement the information Eureka and/or MyCastingNet collect with information from other sources, such as publicly available information from social media services, commercially available sources and information from Eureka Affiliates or business partners.
3. USE AND DISCLOSURE
Eureka and/or MyCastingNet use the information Eureka and/or MyCastingNet collect from and about you to provide the Services and features to you, including: to measure and improve those Services and features; to improve your experience with both online and off-line Services by delivering content you will find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in online games, contests, or rewards programs; to provide you with customer support and to respond to inquiries. When the information collected from or about you does not identify you as a specific person, Eureka and/or MyCastingNet may use that information for any purpose or share it with third parties, including the purposes below.
Eureka and/or MyCastingNet use the information Eureka and/or MyCastingNet collect from and about you for these additional purposes:
To allow service providers to assist us in providing and managing the Services. Eureka and/or MyCastingNet may make your information available to certain third party service providers, such as contractors, agents or sponsors, who help us manage or provide the Services (“Third Party Service Providers”).
To contact you. Eureka and/or MyCastingNet may periodically send promotional materials or notifications related to the Services. If you want to stop receiving promotional materials, follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
To share with business partners. Eureka and/or MyCastingNet may share your information with business partners to permit them to send you marketing communications consistent with your choices.
To complete a merger or sale of assets. If Eureka and/or MyCastingNet sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or transfer of all or a material part of our business, Eureka and/or MyCastingNet may transfer your information to the party or parties involved in the transaction as part of that transaction.
Eureka and/or MyCastingNet use reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information. If you are asked to select a password to access a Service, you should select a password that contains a combination of letters, numbers and non-alphanumeric characters (for example, %, $ and &) and avoid dictionary words. In addition, you should not use the same password that you use for other business or personal accounts.
5. USER ACCESS AND CONTROL
If you no longer want to use the Services, please send an email to [email protected] and [email protected].You may unsubscribe to newsletters by clicking the “unsubscribe” link at the bottom of the newsletter email.
If you are a California resident, you may request that Eureka and/or MyCastingNet not share your personal information on a going-forward basis with Eureka and/or MyCastingNet Affiliates or unaffiliated third parties for their direct marketing purposes by sending an email to [email protected] and [email protected], with “Farmer Wants A Wife: Disclosure Opt-out” in the subject line and your full name, email address, and postal address in the body of the email. Eureka and/or MyCastingNet will try to comply with your request(s) as soon as reasonably practicable.
6. OTHER IMPORTANT INFORMATION
Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. Eureka and/or MyCastingNet may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.
Sensitive Information. Eureka and/or MyCastingNet ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise.
7. CONTACT US
Eureka Productions, LLC
15760 Ventura Blvd, STE 630
Encino, CA 91436
MyCastingNet Pty Ltd
Level 2, 341 Barrenjoey Road Newport Beach,
NSW 2106 Australia.
US Office: +1 323 417 2017
Australian Office: +61 2 8915 1917
TERMS AND CONDITIONS
ELIGIBILITY REQUIREMENTS AND RELEASES
Eureka Productions, LLC, their subsidiaries, successors, executors, licensees and assigns (“Producer“), is selecting participants for a further series of the television program entitled ‘FarmerWants a Wife‘ United States (the “Program“) intended for exhibition on Fox (the “Network”).
You are applying for selection as a participant in the Program as either a single farmer or a single dater (the “Application Form”).
You acknowledge you have read and understand fully the contents of this Application Form and you agree to all the terms and conditions set out below (collectively, the “Terms and Conditions”).
Producer shall include each person reviewing and receiving your Application Form for selection in the Program, who is an employee, contractor or agent of Producer, their affiliates and/or the Network.
If any of the information you provide in this Application Form changes after you submit the Application Form, you agree to promptly inform Producer of any such change. You understand, acknowledge, and agree that if you are selected to appear in the Program and you have given false information in this Application Form or fail to abide with the Terms and Conditions or any of the other instructions or directions, your participation in the Program may be terminated and/or any prize or other benefit awarded or due to be awarded as a result of you participation in the Program may be withhold or reclaimed.
Producer makes no guarantee that all applications it receives will be reviewed or used in any manner whatsoever. Only those selected to advance forward in the selection process for the Program will be contacted.
You must be 21 years of age or older.
You must be single.
You must be legally authorized to live and participate in the Program in the United States.
You must be free from any and all holding or exclusivity agreements with other television programs.
You agree to provide Producer additional information and/or supporting documentation, upon request from Producer, with respect to any of the statements made by you in connection with your Application Form for, and potential involvement with, the Program (and agree to execute all consents, authorizations, and releases in connection therewith).
You shall be available to participate in the production of the Program during a schedule as solely determined by Producer.
You must not be currently a candidate for public office and agree not to become a candidate for public office until one (1) year after the initial exhibition of the final episode of the Program in which you appear (if selected to participate).
You must voluntarily submit to a background check (including, without limitation, social media searches) and/or medical testing, including without limitation, physical examinations and psychological testing, if and as required by Producer (and agree to execute all consents, authorizations, and releases in connection therewith), to the maximum extent permitted by law; you understand and agree that any offer to become a participant may be conditioned upon your submission to a background check (including, without limitation, social media searches) and medical testing, including, without limitation, physical and psychological examinations to be conducted by medical professionals and the certification of the medical professionals that you meet all physical and psychological requirements.
Now and during the past 2 years, you have not been an employee, officer or director (excluding interns or other short-term independent contractors) of: (a) Eureka Productions, LLC. and all majority owned subsidiaries); (b) Producer; (c) Network; (d) FremantleMedia North America, Inc.; (e) any of the foregoing entities’ respective parents, subsidiaries or affiliated companies; (f) any person or entity directly involved in the casting, auditions, development, production, distribution, or other exploitation of the Program or any variation thereof; (g) any known, major sponsor of the Program; or (h) any person or entity supplying services or prizes to the Program. The entities described in (a) through (h) of the preceding sentence shall be referred to herein, individually and collectively, as the “Program Entities.”
THE APPLICATION AND SELECTION OF PARTICIPANTS
You acknowledge and agree that any participation in the application process, Program or any aspect thereof does not constitute an offer of employment by Producer, Network or any of their respective affiliates, representatives, licensees and/or assigns. Producer reserves the right to exclude, in its sole and absolute discretion, any individual from the application process for any reason or for no reason at all, including without limitation, violation of any of these Terms and Conditions, or tampering with the entry process or the application process. Producer also reserves the right to change the Program selection and procedures at any time. Being chosen to interview at any level in the process does NOT ensure that you will be selected to further participate in the Program.
You understand that you can discontinue your participation in the selection process at any time. If you discontinue your participation in the selection process or refuse to undertake any activity during the course of the selection process, you understand, acknowledge and agree that you will no longer be an applicant for selection in the Program, but the Terms and Conditions of this Application Form will continue to apply to you.
You agree to provide access to Producer to your social media accounts, and you consent to accepting friend or follow requests form Producer to give effect to this condition of eligibility.
If you are selected for consideration to participate in the Program, you agree:
(a) to undertake any medical examination, psychological test, examination and/or interview, including screening for drugs, prohibited substances, communicable diseases and Covid 19 Testing at times and places determined by Producer and to provide all medical and other information requested by any person appointed by Producer to carry out such examination, test or screening;
(b) to sign and/or complete all documents (including but not limited to questionnaires, agreements, waivers, and releases) required by Producer including but not limited to a Participant Agreement; and
(c) to be available at the times and places required by Producer and/or Network to participate in the Program and in any promotion and/or publicity for the Program.
(d) consent to and authorize Producer to make such enquiries as they think fit concerning you and your identity, background or history with the Police or any other authority or organization.
RECORDINGS, RIGHTS AND RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:
- You irrevocably grant to Producer and its designees, successors, licensees and assigns, the irrevocable right and license, but not the obligation, to film, tape, photograph, and make video and sound recordings of you (collectively, “Recordings”) and to broadcast, exhibit, and otherwise use your appearance, name, likeness, voice, singing voice, conversation, sounds, application information, biographical data, and any photographs, audio and/or video recordings or other materials provided by you on or in connection with the application process and Program in any manner in Producer’s sole election and discretion, which use shall not entitle you to receive any additional compensation or other consideration whatsoever (collectively the “Material” or “Materials”). You agree that Producer is the sole owner of all results and proceeds of the Recordings and your appearance thereon, which shall be considered “works-made-for-hire” as part of a motion picture or other audiovisual work under U.S. copyright law, with the right for Producer and its successors, assigns, and licensees, forever and throughout the universe, to use the same and any portion thereof in any and all media, whether now known or hereafter devised, including, without limitation, motion pictures, television, on-line exploitation, and publishing, for any commercial and non-commercial purposes, including without limitation, the advertising (including at physical locations), commercial tie-ins, sale, promotion, publicity, marketing, merchandising, distribution, publicizing and all other types of exploitation of the Program or any part thereof (including but not limited to the promotion of third-party sponsors), or in any manner whatsoever. If any of such Recordings are not deemed “works-made-for-hire,” you hereby irrevocably assign to Producer the entire copyright and all other rights in and to such Recordings (and where any such Recordings are not in existence at the date hereof, by way of present assignment of future copyright), throughout the universe for the full period of copyright and all renewals and extensions thereof, and thereafter for the maximum period permitted by law. Producer shall also have the unrestricted right to edit, alter, cut, rearrange, adapt, dub or otherwise revise or modify the Recordings and/or Material (as defined below) in any manner or form and you waive the exercise of any “moral rights” you may have with respect to the Recordings and/or Material.
- You further grant Producer the right to use and license others to use your name, voice, image, likeness and biographical information in and in connection with the Recordings, whether as part of the Program or otherwise, and in connection with advertising, programming and publicity materials for the Program (including, without limitation, commercial tie-ins) and/or Producer, Network and/or any network authorized to broadcast the Program or otherwise exhibit the Recordings, any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program, and for the institutional purposes of Producer and Network and/or their respective affiliated entities, throughout the universe, in any and all media, now known or hereafter devised, in perpetuity.
- Further, by signing below and submitting the Application Form, you warrant and represent that everyone appearing in any Materials and anyone who may have taken any such photograph(s) and/or shot such video submission(s) agrees that such photograph(s) and/or video submission(s) may be used, as edited, altered, or modified by the Program Entities, in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the development, production, distribution, exhibition and/or exploitation of the Program and the advertising, promotion, publicity, marketing, and merchandising thereof, without any compensation whatsoever. You further warrant and represent that you have all rights, licenses, permissions and consents necessary to submit the Materials and to grant all of the rights that you have granted to Producer herein, and that you have obtained written permission when taking any photograph(s) and/or recording each and every part of the video submission(s) on private property not owned or controlled by you, where such permission is required. You further agree that Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and extensions and renewals thereof) in and to the Program (as the Materials may be incorporated therein).
- You grant the rights hereunder and are making the covenants, agreements, waivers, releases and/or indemnities herein whether or not you are ultimately selected as a participant in the Program. You understand that you will not be paid any money or other consideration for giving Releasees these rights or for signing the Application Form, and further acknowledge and agree that Producer has no obligation to use any of the rights granted by you herein.
- You voluntarily accept and assume any and all risk as to any damages or injury, including personal or property damage or injury, occurring directly or indirectly as a result of the application process, your participation in the application process, the Application Form, your participation in the Program, or the disclosure or use of any of the materials you provide during the application process.
You acknowledge that it is essential to Producer that all matters concerning the selection process and the Program are kept absolutely confidential. You understand that You may obtain information about the selection process, the production of the Program, publicity and promotion of the Program, the people who have applied to participate in the selection process or appear on the Program and about the business of Producer that is not generally available to the public. This is all “Confidential Information“.
You promise that, at all times before, during and after the selection process (unless we are otherwise required by law):
(a) You agree you will keep the Confidential Information secret and confidential;
(b) You agree you will not use the Confidential Information for any purpose; and
(c) You agree you will not disclose the Confidential Information to any other person or allow or make it possible for any other person to see any of the Confidential Information.
(d) In particular, You promise that you will not make any statement or give any interview about the selection process or the Program to any media person or outlet without the prior written consent of Producer regardless of whether you am selected as participant in the Program.
(e) You also promise that you will not communicate to the public via any media at all including but not limited to the internet (e.g., blogs, personal websites, chatrooms, social media sites e.g., Facebook [including Messenger], Instagram, Snapchat, Tik Tok, Twitter, etc.) at any time about your participation in the selection process or the Program.
(f) You acknowledge that in the event you breach the confidentiality or any other provisions or promises contained in this Application Form, your breach may cause serious financial and other loss to Producer and they might take legal action against you to prevent you from breaching these promises or to recover from you any losses suffered in the sole discretion of Producer or Network. You further acknowledge that a breach by you of any of the confidentiality provisions of this Application Form could cause Producer and Network 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 Network 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 Form by you.
ACCEPTANCE OF TERMS – GENERAL
By submitting this Application Form, you represent, warrant, acknowledge, and agree that:
a. You acknowledge have read and you meet and agree to be bound by the eligibility requirements;
b. You acknowledge have completed this Application Form honestly and accurately;
c. if any of the information in this Application Form 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;
d. even if you meet the eligibility requirements, Producer has no obligation to further contact you, interview you, and/or select you as a participant;
e. even if you are selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and Network has no obligation to exhibit it, even if produced;
f. 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);
g. all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and
h. Producer has no obligation to return any materials submitted by you as part of the application whether or not you are selected as a participant.
i. You are solely responsible for any and all costs or expenses incurred by you in making the application for the Program, (including but not limited to: calls made, postage, ISP charges, telephony fees, travelling expenses, transportation, accommodation, meals, drinks, insurance, taxes and other costs). Under no circumstances will Producer cover these or any additional costs.
j. You agree that if your Application Form is incomplete or incomprehensible or incorrectly submitted and if applicable incorrectly addressed, lost in transit, containing insufficient postage, not received by us at the relevant postal or email address or sent in after any specified closing date that it may not be considered.
k. You accept that, due to the large number of applications received, your Application Form may not be acknowledged or responded to and only those of applicants who Producer wishes to put forward to the next stage of the selection process may be acknowledged. You understand that your Application Form will be reviewed, and Producer shall decide which applications are suitable to be put forward to the next stage of the selection process. You accept and agree that participants will be selected at Producer’s sole discretion, that such decisions shall be final and that there will be no right of appeal against any decisions taken by Producer on this matter.
l. This application and selection process is subject to all applicable federal, state, and local laws. You hereby: (a) agree that Program Entities shall have no liability whatsoever for, and shall be held harmless by you against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in the application process, submission of your Application Form, or any related activity; (b) release the Program Entities and their respective advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members from all liability, claims, actions, or proceedings relating to this Application Form and from injuries or damages arising in connection with or relating to participation in the selection process; and (c) waive any right to claim ambiguity in the Application Form or these Terms and Conditions. Producer and Network reserve the right to modify the Terms and Conditions, remove suspect Application Forms, and/or cancel, terminate or suspend any portion of this application process at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any of these Terms and Conditions, or tampering with the entry process or the application process. Producer also reserves the right to change the Program selection process and procedures at any time. Being chosen to interview or otherwise submit further information at any level in the process does NOT ensure that you will be selected to move forward or to participate in the Program.
m. Important: Please Read General Release and Limitations on Liability. By participating in this application process, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the application process and your Application Form, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the application process, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. you acknowledge and agree that the Program Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive or review submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Program Entities or otherwise, that may limit a participant’s ability to participate in the application process; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Application Form and the Program Entities assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the application process (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by you for defamation or portrayal in a false light. Program Entities assume no responsibility for any damage to your computer system, which is occasioned by accessing the Application Form Website, or participating in the application process, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Producer reserves the right, in its sole discretion, to exclude any participant that tampers with the application selection process or acts in a disruptive manner, with intent to threaten, abuse or harass any other person, or for any other reason as Producer may decide in its sole discretion. If, for any reason, this Application Form is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, corrupt or affect the administration, security, integrity or proper conduct of this application process, Producer reserves the right, at their absolute discretion, to close the application process at any time, cancel, terminate, modify or suspend the application process.
n. You hereby acknowledge that there is a possibility that subsequent to your execution and submission of this Application Form, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Application Form was executed and submitted, and which if known by you at that time may have materially affected your decision to execute and submit this Application Form. You hereby acknowledge and agree that by reason of this Application Form and the release contained in the preceding paragraph, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
o. You agree to defend, indemnify and hold harmless each of the Program Entities from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from: (i) your breach of any representations, warranties, or covenants made by you in this Application Form; (ii) your acts, statement or omissions in and in connection with your application for or participation in the Program; and (c) use of any of the rights granted by you herein.
p. You agree that Producer may license, assign, and otherwise transfer the Application Form and all rights granted by you hereunder to any person or entity.
q. Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE PROGRAM ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SELECTION PROCESS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Mediation & Arbitration; Limitation of Remedies: THE PROGRAM ENTITIES AND MYSELF ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE APPLICATION FORM AND SELECTION PROCESS CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO 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, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, 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, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY 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.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDY FOR ANY BREACH OF THE TERMS AND CONDITIONS BY YOU OR ANY OTHER CLAIM BROUGHT BY YOU SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES. YOU AGREE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PROGRAM ENTITIES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, IN NO EVENT SHALL YOU BE ENTITLED TO SEEK OR RECOVER INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANT ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING, OR TO RESCIND THE TERMS AND CONDITIONS. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT EITHER PARTY ANY REMEDIES TO ANY DISPUTE THAT HAVE BEEN WAIVED PURSUANT TO THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, YOU RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF YOU CONFIDENTIALITY OBLIGATIONS PURSUANT TO THE TERMS AND CONDITIONS, OR ANY INFRINGEMENT BY YOU OF THE INTELLECTUAL PROPERTY RIGHTS OF PROGRAM ENTITIES, WOULD CAUSE PRODUCER, PROGRAM ENTITIES IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, YOU AGREE THAT PRODUCER AND PROGRAM ENTITIES SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.
YOU AND EACH OF THE PROGRAM ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. FURTHER, UNLESS PRODUCER AGREES, THE MEDIATOR AND/OR ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH MINE, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, MULTI-CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS AGAINST PROGRAM ENTITIES MUST BE PURSUED, WILL REMAIN IN EFFECT.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS APPLICATION PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.