if.net

if.net

ONLINE TALENT SEARCH CONTEST TERMS

THESE IF.NET ONLINE TALENT SEARCH CONTEST TERMS (THE “ GENERAL TERMS”) EXPLAIN IMPORTANT REQUIREMENTS, EXPLANATIONS AND RESTRICTIONS FOR PARTICIPATION IN THE IF.NET ONLINE TALENT SEARCH CONTEST (THE “TALENT SEARCH CONTEST” OR “CONTESTS”), WHICH IS BEING CONDUCTED BY SCOUTS WELL PRODUCTIONS LLC (“PRODUCER”). IN ADDITION, THESE GENERAL TERMS ARE A CONTRACT. BY PARTICIPATING IN A TALENT SEARCH CONTEST YOU (OR, IF YOU ARE AN ELIGIBLE MINOR, YOU AND YOUR PARENT OR LEGAL GUARDIAN) AGREE TO THESE IF.NET GENERAL TERMS.

TABLE OF CONTENTS

1. IF.NET DESCRIPTION:

if.net is a social networking website that may from time-to-time runs contests in which people with various talents submit content of themselves showcasing their talent for an opportunity to win a prize or opportunity related to your talent. For example, a person with great acting talent may get the opportunity to go to Hollywood to meet an industry professional who may be able to give them a career building break, or a person with great jewelry making skills may get the chance to have their jewelry showcased in some public fashion like being worn by a celebrity or showcased in a popular magazine.

To participate, create your own original content such as a video, photo, audio recording, or text file (the “Contest Media”) that best showcases your talent that is the subject of that particular contest and upload it to your user Profile on if.net. Included with each Contest will be a link to a special summary rules document (the “Specific Contest Rules Addendum”) that will give you the specific Contest Media requirements for that Contest as well as any other specific amendments to these general rules such as age, gender, or other specific physical feature requirements. In the event of a conflict between the individual contest requirements, limitations, and/or exclusions set forth in the Specific Contest Rules Addendum and these General Terms, the contest requirements in this Addendum shall apply.

Examples of talent we may be looking for include but are not limited to:

Modeling
Singing
Dancing
Acting
TV and Radio Hosting
Comedy
Jewelry Making
Photography
Fashion
Sports
Cooking

Starting at various times as indicated by the Specific Contest Rules Addendum of a particular Talent Contest, (“Talent Search Contest”), eligible participants can submit their Contest Media featuring your talent that fits skills required for a particular contest. You may register to participate in the Talent Search Contest at any time during the Talent Search Contest period. In addition, you may upload Contest Media at any time to your personalized Profile page on the if.net website; however, you may select only one element from your Contest Media per Contest to be considered as part of the selection process detailed in Section 5 below. Unless you remove Contest Media from a specific Contest, that Contest Media will continue to be voted on during the Talent Search Contest Period. As more fully detailed in Section 5 below, voting restarts for each new Contest that you may enter. For example, any Contest Media that receives 100 votes during the first Contest you may enter shall start over at zero during a subsequent Contest you may enter. Once you have entered a Contest, if you choose to change the Contest Media you selected to be considered during a Contest or remove your entry from the Contest during any time within that Contest, that change will cause the number of votes you receive for that Contest to reset back to zero.

See Sections 3 and 4 below for detailed registration and Contest Media requirements and instructions.

Registered voters will vote on the Contest Media, and a panel of judges selected by Producer will pick one (1) participant from the top five (5) voted participants each Contest. You understand and agree that by submitting Contest Media, you or your Contest Media may be used by Producer in anyway it chooses including, without limitation, to: at the “Talent Search Contest Site” (as described in paragraph 3 below) and at if.net, and on the affiliate partner web sites associated with the Talent Search Contest Site and in print and other advertisements.

2. WHO CAN PARTICIPATE?:

To participate as talent, you must be a legal resident of one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam and the U.S. Virgin Islands), at least 13 years of age at the time of entry, and legally able to work in the United States. To participate as a fan and vote you must be at least 13 years of age. Producer, its advertising agencies, CBS Corporation and other promotion partners and any other entity involved in any aspect of the development, production, implementation, administration or fulfillment of the Talent Search, including the respective subsidiaries and other affiliates, agents and other legal representatives, licensees, officers, directors and employees, and successors and assigns, of each of them (all such entities and persons, collectively, the “Search Affiliates”), and their immediate family members (spouse, parent, legal guardian, in-laws, child, grandchild, grandparent, sibling and their respective spouses) and/or those living in the same household as such persons, whether related or not, may not submit Contest Media or participate (even as a voter) in the Talent Search.

The Talent Search contests are for amateurs. You may not submit Contest Media or participate (other than as a voter) in the Talent Search contest if you are represented by a manager or are under an acting, writing, directing, modeling, sports, merchandising, or other contract, if such contract would limit or otherwise impair the ability of Producer to use the Contest Media (or any portion of it) within if.net or as otherwise contemplated by these General Terms, unfettered, royalty-free and without any payments to any party. If you have an agent, you must disclose this information when registering to submit Contest Media. You may not submit Contest Media or qualify for the Talent Search contests if you have been convicted of a felony and Producer reserves the right to conduct a background check. Void where prohibited by law.

3. HOW TO REGISTER & SUBMIT CONTEST MEDIA:

To submit Contest Media for a Talent Search contest, you must first completely fill out the user registration form and complete the user registration process on the if.net web site (the “Talent Search Contest Site”).

If you are an eligible minor, your parent or legal guardian must register you for the Talent Search Contest and submit your Contest Media. There is no fee or charge for registration. Limit one (1) registration per person and per e-mail address. Any individual who, as determined in Producer’s sole discretion, attempts to register, or is suspected of registering, more than once by any means, including, without limitation, establishing multiple e-mail accounts, will be disqualified from the Talent Search Contests and using the Talent Search Contest Site.

Once you have completed registration, follow the online instructions to submit any additional required information and to encode and upload your Contest Media. Receipt of entry into a Talent Search Contest occurs when Producer’s servers successfully receive the uploaded Contest Media file and required entry information as set forth on the Talent Search Contest Site.

You agree to provide true, accurate and complete information, and to update this information if and when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Producer suspects that your information is untrue or inaccurate, not current, or incomplete, Producer may, in its sole discretion, suspend or terminate your participation. You are solely responsible for maintaining the confidentiality of the password associated with your account and other account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Producer of any unauthorized use of your password or account, or any other breach of security.

4. CONTEST MEDIA REQUIREMENTS:

Any music contained within Contest Media must be original compositions entirely created solely by you or in the public domain. The Search Affiliates hereby disclaim all liability and you assume all risks associated with using any resources (including, without limitation, links to web sites) the Search Affiliates may provide to you as reference materials when selecting compositions for your Contest Media.

Also, all Contest Media:

1. must showcase your individual talent and creativity via a live performance;
2. can be produced in any way you like, but the final version must be in one of these formats: .mpg, .mpeg, .wmv, .avi, .mov, .m4v, .mp4, .flv for Video; .mp3 for Audio; .jpg for Photos; and .pdf for Text;
3. must not exceed the maximum data file size for each type of Contest Media. The file size limits are: 100 Megabytes (MB) each for Video; 4 MB each for Photos; 10 MB each for Audio; 4 MB each for Text;
4. must be primarily in English, if there is any language in the Contest Media;
5. must be intended for family audience viewing and contain only content that, in the sole discretion of Producer, is suitable for persons 13 years or older;
6. must not contain any sexually explicit, obscene, disparaging, defamatory, libelous, offensive, illicit, illegal, hateful or other inappropriate content or any nudity;
7. must not contain any commercial content (including, without limitation, trademarks, logos, packaging, etc.) or any content that advertises or promotes any brand, company, product or service.
8. Except for original compositions created solely by you, Contest Media must not contain any copyrighted or legally-protected works (including, without limitation, company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media) other than works wholly-owned by you;
9. must not, without express written permission that you can provide to Producer upon request, contain the names, likenesses, photographs, or other indicia identifying any living or dead person (including, without limitation, license plate numbers, e-mail addresses, or street addresses);
10. must not depict or feature in any way any individual who is represented by a manager or who is under an acting, writing, directing, modeling, sports or merchandising or other contract, if such contract would limit or otherwise impair Producer’s ability to use the Contest Media (or any portion of it) within if.net or as contemplated by these General Terms, unfettered, royalty-free, and without any payments to any party; and
11. must not be in violation of any law.
12. All elements appearing or used in your Contest Media, including, without limitation, any music, audio, text, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, “Elements”) must be either: entirely original, created and performed solely by you; or be in the public domain. Use of any Elements in violation of these General Terms may result in disqualification of your Contest Media, in Producer’s sole discretion.

Your compliance with the above Contest Media requirements will be determined by Producer, in its sole discretion. Contest Media may be submitted only by individuals, and only the individual registering and submitting the Contest Media will be deemed the participant in the Talent Search Contest regardless of the appearance of any other individuals (for example, a back-up band) in Contest Media.

5. FINALIST SELECTION PROCESS:

Registered voters will have the opportunity to view and vote on Contest Media. Registered voters can vote for each participant only once per day per Contest. Attempts by registered users to vote for a participant in the same Contest more than once per day will not be counted in the vote results and the voter activity may be monitored for potential fraudulent activity.

Votes for a participant in a particular Contest will be counted only for that Contest and will not roll over into future Contests. Voting periods for each Contest will be set forth in the rules for that particular contest.

In each Contest, unless otherwise specified, the entrants who receive the five (5) highest numbers of eligible votes in each Contest will move on in the Talent Search Contest (during that Contest, “Top Five Talents”). It is possible that entrants who receive the ten (10) highest number of votes at any time during a Contest may be notified by telephone to get Talent Agreements (defined below) underway if required by a particular Contest. The fact that you may be contacted to fill out Talent Agreements does not mean that you are part of the Top Five Talents or that you will be selected as a Finalist. You are not part of the Top Five Talents unless you receive one of the five (5) highest numbers of eligible votes in the Contest and you are not a Finalist unless you are selected by the Panel as detailed below.

Notwithstanding any prior contact by Producers, the Top Five Talents will be notified by telephone and/or e-mail, in Producer’s sole discretion, within a reasonable amount of time following the end of the Contest described above. Each Top Five Talent will be required to respond to Producer by telephone to confirm that individual’s receipt of notification within one (1) hour following Producer’s attempted notification or other time period as may by specified in the Specific Contest Rules Addendum in Producer’s sole discretion. Each Top Five Talent will be required to sign and properly execute, in the form presented to that individual, without alteration, an Affidavit of Eligibility and a Liability and Publicity Release (collectively, “Talent Agreements”) and return all of those documents completed via facsimile (and subsequently by mail) to Producer within one (1) calendar day of receipt. Additional permissions, documentation and signatures may be required, including, without limitation, a non-disclosure agreement and authorization to perform a background check or investigation on you or any individual appearing or heard in your Contest Media; by submitting Contest Media, you agree to comply with any requests for such further permissions, documentation and signatures.

If for any reason Producer cannot contact a Top Five Talent, any Talent Search-related communications are rejected or returned as undeliverable, a Top Five Talent fails to respond or properly execute and return any of the Talent Agreements or other required forms in the time noted, or a Top Five Talent is found not to be eligible or otherwise not in compliance with these General Terms, that Top Five Talent may be disqualified and the person with the next highest-voted Contest Media for that Contest will move up and be notified of the possibility of that person’s becoming a Top Five Talent, subject to the same eligibility and verification requirements described in these General Terms and time permitting, and at the sole discretion of Producer. Producer reserves the right, in its sole discretion, to disqualify anyone or any Contest Media on the basis of an individual’s background check.

Within a reasonable amount of time following the end of the relevant Contest, each Top Five Talent will be rated by a panel consisting of contest providers, editors, and media staff selected by Producer and/or the Search Affiliates (the “Panel”), who will rate and select the top Contest Media based on, among other relevant criteria: creativity, entertainment value, suitability of the Contest Media for the potential opportunity associated with that Contest’s, and audience appeal (each a “Finalist”). The opportunities Producer posts for each Contest are only possible opportunities and are not guaranteed to be the actual opportunities for which you are competing. Moreover, the Contest sponsor reserves the right to change the opportunity at any time in its sole discretion and without liability to any participants. Each Finalist is subject to approval and verification by Producer for compliance with these General Terms. An additional number of alternate Finalists (“Alternates”) may also be selected, in rank order, from among the remaining eligible Top Five Contest Media as scored by the Panel.

Each Finalist (and possibly Alternates, in Producer’s sole discretion) will be contacted by telephone and/or e-mail to notify them that they may have a chance to win the Contest. If any potential Finalist cannot be contacted, does not return a phone call or other correspondence from Producer within a reasonable amount of time, in the Producer’s sole discretion, following attempted notification, or fails to comply with Producer’s verification process and/or eligibility requirements or these General Terms, that potential Finalist may be disqualified. An alternate potential Finalist may be selected, in rank order, from among the remaining Alternates, if time permits and if any qualified Alternates remain, subject to the same eligibility and verification requirements described in these General Terms. Potential Finalists or Alternates that are disqualified for any reason will not be entitled to any form of compensation and may be prohibited from any further participation in the Talent Search, in Producer’s sole discretion.

6. ROUND TWO:

Verified Finalists will be notified of the next steps required for the fulfillment of the specific Contest that they are a Finalist of. If travel is required for a specific Contest and you are unable to travel to the required location on the Producer-selected dates, then you may forfeit the opportunity and an alternate Finalist may be chosen in Producer’s sole discretion. Any federal, state and local taxes are each Finalist’s sole responsibility. You understand and agree that Producer reserves the right to disqualify and remove you from any activity at any time if your actions at any point are disruptive or may or do cause damage or injury to any person, property or Search Affiliate. If the Contest requires travel and unless otherwise specified in the Specific Contest Rules Addendum, Finalist shall be required to pay for all of their own travel, lodging, meal, or other costs associated with getting to the designated location for the fulfillment of the Contest. In the case the Finalist is a minor in his/her state of residence, Finalist and his/her parent or legal guardian must travel together on the same itinerary, including the same departure and return date and location.

7. CONDITIONS OF PARTICIPATION:

Upon submitting your Contest Media, you retain ownership of your Contest Media, subject to these General Terms. As a condition of entry into the Talent Search, you (or eligible minor’s parent or legal guardian, on behalf of the minor):

1. Agree to be bound by these General Terms, including the decisions of Producer and the Search Affiliates (including any decision to waive any eligibility or verification requirement), which are final and binding in all respects (you acknowledging that Producer has the right in its sole discretion to delegate to any Search Entity the authority to make on Producer’s behalf any decision that Producer has the right to make under these General Terms);
2. Represent and warrant that you own all rights to the Contest Media you are submitting, including, without limitation, the video or digital recording, Elements, and performance contained in each Contest Media (collectively, the “Talent Search Contest Entry Materials”). If you believe your rights have been infringed, click HERE for our notice and take down procedure information;
   
3. Represent and warrant that you are the individual appearing and heard, if applicable, in the Talent Search Contest Entry Materials, or, alternatively, that you have obtained in writing all necessary rights and permissions from each person who appears, is heard in or helped create the Talent Search Contest Entry Materials required for the uses and grant of rights contemplated by these General Terms, and will make those permissions available to Producers upon request;
   
4. Represent and warrant that your Talent Search Contest Entry Materials are wholly-owned by you and that you have obtained all necessary rights required for the uses and grant of rights contemplated by these General Terms and that they do not in any respect infringe, misappropriate or violate the copyright, trademark, patent, moral or other intellectual property or other legal rights of any person or entity;
   
5. Irrevocably grant to the Search Affiliates a perpetual, sub-licensable, worldwide license to use your name, image, likeness, performance (such license to include without limitation, if your Contest Media embodies any music created by you, a direct license of the public performance rights in such music), statements, persona, photograph, voice, biographical and other information (and/or any edited portion thereof), any information contained in your Talent Search Contest Entry Materials or entry (including, without limitation, the name, image, likeness, performance, statements, persona, photograph, voices, and biographical and other information of any other person appearing or heard in the Contest Media and any copyrighted works appearing or heard in the Contest Media), and any additional photographs, videos, images, portraits, interviews, testimonials or other materials relating to you and arising out of your participation in the Talent Search, without notice or compensation to, or review or approval by, you in any and all media now or hereafter known throughout the world, in perpetuity, by any and all manners and methods, and for any and all purposes or programs, now known or hereafter devised, including, without limitation, broadcast television, non-broadcast television, pay, cable and network television, satellite and closed-circuit transmission, in-flight video, home entertainment (including, DVD and other current and future home video formats, CD-ROM in current and future formats, and online services, both commercial and internal networks), wireless, podcasting, Internet, linear, digital and interactive formats, and printed transcripts, and to advertise or promote the Search Affiliates, if.net, and for any other purpose in the Producer’s sole and absolute discretion to the full extent permitted by law (collectively, the “Additional Materials”);
   
6. Agree that any Search Entity has full right and power to edit, translate, dub, blur, make derivative works or alter, separate, mix, combine with other material, reuse and adapt any or all portions or elements of the Talent Search Contest Entry Materials or Additional Materials in any way (including, without limitation, in a way not originally intended by you) and for any purpose whatsoever, at any time, and which may be used or displayed, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose in any Search Entity’s sole and absolute discretion;
   
7. Agree that any Search Entity may, at any time, require you or any person appearing in your Contest Media or who helped create your Contest Media (or the person’s parent/legal guardian if the person is a minor) to execute or provide proof of written releases and consents (including, without limitation, authorization for Producer to conduct background checks);
   
8. Irrevocably grant a non-exclusive right and license: (i) for the general public to access the Talent Search Contest Entry Materials through the Talent Search Contest Site or otherwise; (ii) for the public to vote on, rate, review, comment on and tag the Talent Search Contest Entry Materials; (iii) for the public to send and distribute the Talent Search Contest Entry Materials via e-mail or instant messenger; and (iv) for the public to use, reproduce, distribute, remix, prepare derivative works and compilations of, display and perform the Talent Search Contest Entry Materials as permitted through the functionality of the Talent Search Contest Site;
   
9. Forever waive any rights of privacy or publicity, intellectual property rights and any other legal or moral rights that may preclude or otherwise interfere in any respect with the use by any of the Search Affiliates of your Talent Search Contest Entry Materials or Additional Materials, or that may require your permission to enable any Search Entity to use those materials for any purpose, and agree never to sue or assert any claim against any Search Entity’s use of those materials;
   
10. Acknowledge and agree that (a) the Search Affiliates have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts that may be similar or identical to the Talent Search Contest Entry Materials in theme, idea, plot, format, characters, and/or other respects; and (b) you will not be entitled to any compensation or other consideration of any nature arising from any use by the Search Affiliates of any such similar or identical material, ideas or concepts;
    
11. Agree that you are responsible for all taxes associated with your participation in the Talent Search; and
    
12. Agree to release, indemnify and hold harmless the Search Affiliates from any liability whatsoever for injuries, losses, claims, damages, expenses, costs of any kind (including, without limitation, reasonable attorneys’ fees and settlements), brought or asserted by any third party against any of the Search Affiliates arising out of or in connection with (a) any Talent Search Contest Entry Materials or Additional Materials (including, without limitation, any and all claims by third parties, whether or not groundless, based upon your submission of any of such materials); (b) any breach by you of any agreement, representation or warranty contained in these General Terms or in any documentation or information submitted by you in connection with the Talent Search; (c) your conduct during and in connection with the Talent Search; and (d) your preparing for, participating in and/or traveling to or from any Talent Search-related activity, including, without limitation, any injury, death, loss, or accident suffered by any person, or any damage to or loss of any property.
    

If Producer or any Search Entity determines at any time in its sole discretion that you have breached any agreement, representation or warranty under these General Terms, you will be disqualified from the Talent Search.

8. RIGHT TO TERMINATE/DISQUALIFY:

Producer may at any time and for any reason discontinue a Talent Search Contest or all or any portion of the Talent Search. Also, at any time during the Talent Search, Producer reserves the right, in its sole discretion, to disqualify any Contest Media from a Talent Search Contest and remove any Contest Media from a Talent Search Contest Site or elsewhere for any reason whatsoever, including, without limitation, if Contest Media contains or allegedly contains any inappropriate content, infringes the rights of any third party, or otherwise does not comply with these General Terms. Furthermore, votes for Contest Media obtained in violation of either these General Terms or the voting rules and regulations set forth by the Producer will not be counted and the person who submitted the Contest Media may be disqualified from the Talent Search, in Producer’s sole discretion. The decisions of Producer on this and all matters relating to all Talent Search Contests are final and binding.

The Search Affiliates reserve the right at its sole discretion to disqualify the Contest Media or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Talent Search, if.net or any Talent Search Contest Site; (b) violating these General Terms; (c) violating any conditions of use and/or general rules or guidelines of any Talent Search-related or Search Entity’s property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

9. DISCLAIMERS/LIMITATIONS OF LIABILITY:

The Search Affiliates assume no responsibility for and are not liable for: (a) any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Talent Search Contest (including, without limitation, the voting phase of the Talent Search), or for theft, destruction or unauthorized access to, or alteration of, any Talent Search Contest Entry Materials or votes, (b) any incorrect or inaccurate information, whether caused by users or any of the equipment or programming associated with or utilized in the Talent Search Contest or for any technical or human error that may occur in the processing of submissions to or votes in the Talent Search; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems that may result in the inability to access if.net, any Talent Search Contest Site, Contest Media or to submit Talent Search Contest Entry Materials or votes in connection with the Talent Search); or (d) any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in the Talent Search. If, for any reason, the Talent Search Contest is not capable of being conducted as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Search Affiliates that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Talent Search, Producer reserves the right at its sole discretion to cancel, terminate, modify or suspend the Talent Search.

YOU UNDERSTAND AND AGREE THAT THE SEARCH AFFILIATES LIMIT THEIR RESPONSIBILITY AND LIABILITY IN CONNECTION WITH THE TALENT SEARCH CONTEST AS SET FORTH IN THESE GENERAL TERMS, INCLUDING WITHOUT LIMITATION AS FOLLOWS:

UNDER NO CIRCUMSTANCES SHALL THE SEARCH AFFILIATES OR THEIR PARENTS, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE TALENT SEARCH, IF.NET OR ANY TALENT SEARCH CONTEST SITE, OR YOUR TALENT SEARCH CONTEST ENTRY MATERIALS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE TALENT SEARCH, IF.NET OR ANY TALENT SEARCH CONTEST SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PRODUCER OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF IF.NET OR ANY TALENT SEARCH CONTEST SITE OR PARTICIPATION IN THE TALENT SEARCH; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE TALENT SEARCH, IF.NET OR ANY TALENT SEARCH CONTEST SITE, EVEN IF FORESEEABLE OR EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE RELEASEES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; HOWEVER. IN NO EVENT SHALL THE RELEASEES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN DOLLARS ($10).

BY PARTICIPATING IN THE TALENT SEARCH, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of the Releasees’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, television show, motion picture or other audio/visual content owned or controlled by company and/or its parents, subsidiaries, and/or affiliates or your Talent Search Contest Entry Materials, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company web site, property, product, program, television show, motion picture or other audio/visual content or your Talent Search Contest Entry Materials or any and all activities or actions related thereto.

10. DISPUTES/GOVERNING LAW:

In the event of a dispute concerning who submitted Contest Media, the Contest Media will be declared to have been submitted by the authorized account holder of the e-mail address submitted at time of registration at a Talent Search Contest Site, but only if that person meets all other eligibility criteria – otherwise the entire Contest Media will be disqualified. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. You may be requested to provide Producer with proof that you are the authorized account holder of the e-mail address associated with the Contest Media will be deemed ineligible.

CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE TALENT SEARCH CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, PRODUCER MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Talent Search Contests will be resolved individually, without resort to any form of class action. You waive any rights to trial by jury in any action or proceeding instituted in connection with these General Terms and the Talent Search. Any controversy or claim of any nature arising out of or relating to these General Terms or the Talent Search Contest will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the State of California, County of Los Angeles. All issues and questions regarding the rights and obligations of a participant in connection with the Talent Search Contest will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws rules thereof. Any ma tters or proceedings for entering any judgment on an arbitration award will take place in the courts situated in the State of California, County of Los Angeles.

11. EFFECTIVE DATE:

The Effective Date of these General Terms is October 1, 2008.