TERMS AND CONDITIONS OF ELIGIBILITY, ENTRY AND PARTICIPATION FOR DANCING WITH THE STARS – AT&T SPOTLIGHT PERFORMANCE: CYCLE 16
DANCING WITH THE STARS – AT&T SPOTLIGHT PERFORMANCE (the “Segment”) is currently intended as a multi-part segment to be included in Cycle 16 of the network television series “Dancing With The Stars” (the “Series”) intended for initial broadcast on the ABC Television Network owned by American Broadcasting Companies, Inc. (“Network”) and produced by BBC Worldwide Productions, LLC (“Producer”). In the Segment, Producer will feature amateur dancers (each an “Act”) to perform on the Series. Producer currently intends, but is not obligated, to feature a minimum of three Acts for Cycle 16 of the Series; however, the preceding is a projection only and is in no way binding upon Producer or Network.
The Segment: The Segment will feature amateur dancers (to be selected from among all dance styles) as selected by Producer in its sole discretion. Each selected Act will be introduced by a video package providing Series viewers insight into each Act, which may include one or more interviews with the participant(s) comprising an Act. Each selected Act will appear and perform a 1:30 – 3:00 minute dance routine live on an episode of the Series on a date to be determined by Producer. Selected Acts will perform to a music track, live music act or accompanied by Producer’s orchestra at Producer’s sole discretion. Producer will have sole and final approval over all creative matters in connection with the Segment. Each selected Act’s participation in the Segment is subject to Producer’s supervision, direction and control, including with respect to matters involving artistic taste and judgment. Producer reserves the right, in its sole discretion, to cancel the Segment and/or the participation of any Act and/or of any participant for any reason at any time. The Segment is not a competition and no prizes, monetary or otherwise, will be awarded.
Eligibility: The following eligibility requirements apply to each participant of an Act.
A. You must be at least 7 years of age as of the date of application (a parent or legal guardian must submit the application on behalf of anyone under the age of 18).
B. You must be a legal US resident eligible to work in the United States.
C. You must currently reside in the United States.
D. You must never have been convicted of a felony nor ever had a restraining order entered against you.
E. You must either be a solo dancer or a duo, trio or group comprising up to 15 dancers total.
F. Neither you nor any member of your family or member of your household (whether related or not) may currently be an employee of Producer or Network or any of their respective parent, subsidiary, related or affiliated entities.
G. You cannot currently be under contract to a third party that would prohibit your appearance on the Series.
If requested by Producer, you must submit to a background screening and/or medical examination, and must cooperate fully in the conduct of the background screening and/or medical examination.
Application and Selection of Acts:
Acts that wish to be considered for the Segment must complete the application form on ABC.com or the Dancing With The Stars Facebook page. All applications must be submitted and received by 11:59 p.m. Pacific Time on April 26, 2013 to be considered for Cycle 16. Submissions received after this deadline will not be considered for Cycle 16. A parent or legal guardian must submit the application on behalf of anyone under the age of 18. All contact information submitted on the application should be that of a parent or legal guardian if submitting on behalf of a minor. Applicants will be required to accept these Terms and Conditions of Eligibility, Entry and Participation (“Terms and Conditions”) and to complete an application form to include name, date of birth, phone number, email address, number of dancers in the group, name of group (if applicable), dancer’s name, as well as a short essay answering the following questions: “What does dance mean to you? How has dance impacted your life? Why should you be part of Dancing with the Stars?
Applicants will also be required to submit a video of themselves dancing (the “Video”). The Video must conform to the following formatting specifications:
A. Video must be 60-90 seconds in length.
B. Video must be 200 MB or less in size.
C. Video must be submitted in avi, mov or mpeg4 format.
D. Video resolution must be no lower than 400 x 300.
E. Either a 4:3 or 16:9 aspect ratio will be accepted as long as it complies with the time, file size, format and resolution requirements set forth above.
Subject to the terms herein, Producer will select Act(s) for the Segment in its sole and absolute discretion based on review of their applications and Videos. Each selected Act will be notified by Producer via email no less than two (2) weeks prior to the date such Act will be scheduled to appear on an episode of the Series. All members of Act must be able to travel to the production location of the Series (which may be Hollywood, California or elsewhere) with as little as two (2) weeks’ prior notice. Without limitation of any other terms, nothing herein in any way obligates Producer to select or include in the Series any Acts that submitted applications/Videos. Even if an Act is selected to participate, neither Producer nor Network is obligated to produce, broadcast or otherwise use or exploit the Segment or any part thereof as part of the Series.
Conditions of Participation: Each participant in each Act represents and warrants that he or she is the sole owner of all right, title and interest, under copyright or otherwise, in and to that participant’s Video and that such Video will not infringe on the rights of any third party. Such rights include but are not limited to rights of publicity, rights of privacy, trademark, patent, copyright or other intellectual property rights, defamation or libel. Each participant of a selected Act will be required to execute additional documentation as requested by Producer, including without limitation, Producer’s standard AFTRA Agreement, Assumption of the Risk and Confidentiality Riders, and will receive a one-time AFTRA minimum payment for the appearance. If Producer uses any video, photographs or other materials supplied by a selected Act (the “Materials”) in the Segment, each participant of a selected Act is required to execute Producer’s standard Materials Release. If the permanent residence of a participant of a selected Act is more than one hundred (100) miles from the production location of the Series, travel and accommodations will be provided to the applicable participant by Producer, with Producer determining the specific travel itinerary at its sole discretion; travel and accommodations will only be provided for members of the Act themselves, and not any guests of the Act. Without limiting the foregoing, if an Act includes one or more minor participants who receive travel and accommodations by Producer in accordance with the above, travel and accommodations for each such minor’s parent/legal guardian will also be provided by Producer pursuant to its customary travel policy.
Confidentiality & Publicity: Each Act acknowledges and agrees that confidentiality is of the essence to Producer’s agreeing to permit such Act to appear in the Segment. Each Act agrees not to disclose directly or indirectly or to disseminate information about the Segment or Series or any events or occurrences in connection with the Segment or Series (collectively, “Confidential Information”) prior to the nationwide disclosure of such information, if at all, by Producer. The foregoing applies regardless of whether or not information has been specifically designated as being “Confidential Information.” In addition, each Act acknowledges and agrees that all publicity in connection with the Series and Segment is under the sole control of Producer and Network and that this is of the essence. Accordingly, each participant acknowledges and agrees that he or she will not at any time perform or consent to perform any publicity activities (including, but not limited to, television, radio and print interviews) in connection with the Series and Segment or his or her involvement therewith without the prior written approval of Producer and Network (which such approval may be withheld by Producer and/or Network in their sole discretion). All Acts agree to treat all information and material that they receive or acquire during their participation in the production of the Series and Segment as strictly confidential and not to disclose any such information to any third party. Each Act agrees that monetary damages shall not be a sufficient remedy for Producer or Network in the event of a violation or alleged violation of this provision and that Producer and Network will be entitled to seek and obtain injunctive relief for any breach or anticipatory breach of this provision. Without limiting any of Producer’s other rights or remedies at law, in equity or pursuant to this Confidentiality provision, each participant also agrees that he or she will be responsible for any monetary damages caused by his or her breach, which he or she acknowledges may be substantial.
A. All decisions regarding the Segment, including but not limited to these Terms and Conditions, eligibility determinations, participant selection and screening, medical and/or other test results, Segment and Series production, scheduling and order of appearance and all instructions, directions and requirements of Producer are at Producer’s sole and exclusive discretion, and are final, binding and not subject to challenge or appeal.
B. Applicants understand and agree that Producer has no obligation to proceed with the Segment and may cancel or discontinue the Segment and/or a participant/Act’s participation in the Segment for any reason and at any time. Without limiting the foregoing, Producer reserves the right to remove or replace participants from the Segment or Series at any time for any reason that Producer may determine, in its sole discretion, and Producer’s decision to do so shall be final, binding and not subject to appeal.
C. All participants agree to abide by these Terms and Conditions and acknowledge that these Terms and Conditions are subject to change. Any failure to agree to any changes to or subsequent versions of these Terms and Conditions shall not in any way affect the validity of any such changes or subsequent versions. Failure by a participant to comply with these requirements may result in removal from the Segment or Series.
D. Each participant agrees to hold harmless, defend and indemnify Producer, Network, AT&T Services, Inc., Series production personnel, participating television stations, each of their respective parent, affiliated, related and subsidiary companies, affiliates, advertisers, and each of their respective officers, directors, employees, agents and representatives, as well as Facebook, Inc. (collectively, the “Released Parties”) from and against any and all liabilities, claims, actions, lawsuits, damages, expenses and losses (including reasonable attorneys’ fees) of any kind (collectively, “Claims”) arising from or relating to participant’s application or preparation for the Segment, participation in or exhibition of the Segment or the Series, use of any of the rights granted by a participant in connection with the Series and/or any breach or alleged breach by participant of any of the terms, covenants and conditions contained in these Terms and Conditions.
E. Each participant agrees to release and discharge each of the Released Parties from any and all Claims of any kind arising from or relating to participant’s application or preparation for the Segment, participation in or exhibition of the Series and Segment and use of any of the rights granted by a participant in connection with the Series, including, without limitation, any Claims for wrongful death, negligence, trespass, and/or other fault, either active or passive, personal injury, defamation, false light, right of publicity, invasion of privacy, embarrassing private facts, misrepresentation, breach of contract and infliction of emotional distress; any Claim arising from or relating to the making, taping, use, editing, distribution, exhibition, licensing, advertising, promoting, broadcast and/or webcast of the Series; and/or any Claim arising from or relating to any statement, action or omission in connection with the Series and/or the participant selection process.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California are hereby expressly waived by participants. Said section reads as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Notwithstanding the provisions of Civil Code Section 1542, participant acknowledges and agrees that this is intended to be a full and complete release of all claims whether now known or unknown.
F. Producer reserves the right to edit the Segment and/or the Materials in any way it may determine in its sole discretion. By participating in the Segment, each participant waives any objection she may have to the manner in which the Segment and/or Materials are edited, including without limitation, any objection to what video of any Act is selected for broadcast, the context in which such video is presented in the Segment and/or in relation to the Segment, and the amount of broadcast time allocated to each participant/Act. In no event shall a participant have the right to seek or obtain injunctive or other equitable relief to enjoin, prevent or otherwise interfere with the broadcast, exhibition, advertising, promotion or other use or exploitation of the Segment or Series.
G. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you understand that you are providing information to Producer and Network, and not to Facebook.
H. All federal, state and local laws and regulations apply. By participating in the Segment, each participant consents to the use of his or her name, city, photograph, voice, image and/or likeness by Producer, Network and their respective parent, affiliated and subsidiary companies, licensees and affiliates in and in connection with the Series, advertisements, promotions and publicity for the Series, for the Network, and for stations and other persons and entities broadcasting, telecasting or otherwise exhibiting the Series, without any compensation, except where prohibited by law.
PARTICIPANT EXPRESSLY ACKNOWLEDGES THAT HE/SHE HAS BEEN GIVEN A FULL AND FAIR OPPORTUNITY TO REVIEW THESE TERMS AND CONDITIONS AND THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THEM. PARTICIPANT IS NOT SUFFERING FROM ANY DISABILITY THAT WOULD IMPAIR OR PREVENT HIM/HER FROM READING AND FULLY UNDERSTANDING THESE TERMS AND CONDITIONS. PARTICIPANT’S AGREEMENT TO THESE TERMS AND CONDITIONS HAS NOT BEEN OBTAINED BY COERCION, DURESS OR OTHER ILLICIT MEANS.