Submission Agreement and Release
IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY: By entering the Competition, Registrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Competition, or any prizes awarded, 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 entering the Competition, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Registrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives 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. Each Registrant acknowledges and agrees that the Promotion Entities 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 entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Promoter, or otherwise, that may limit a Registrant's ability to participate in the Competition or send or receive email notifications requiring action or response by such Registrant; (ii) any injury or damage resulting from participation in the Competition and/or the use of any prize (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 entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light).
Governing Law/Arbitration. This Agreement,
the rights and obligations of the Parties, and any claims or disputes relating
in any way thereto shall be governed by and construed in accordance with
the internal laws of the State of California, without regard to its choice
of law principles which would require application of the laws of another
jurisdiction. Any dispute between the Parties arising out of or relating
to this Agreement shall be submitted to binding arbitration. The arbitration
will be conducted in accordance with the American Arbitration Association's
Commercial Arbitration Rules as modified by the terms of this Agreement.
The arbitration shall take place in Orange County, California before a single
arbitrator, selected pursuant to such rules, and shall be conducted on an
expedited basis and in strict confidence. The arbitrator selected pursuant
to these Official Rules shall be well acquainted with the entertainment,
Internet, and new media industries, and shall not have the power to impose
punitive damages. Each party hereby waives any and all rights and benefits
which it might otherwise have or be entitled to under federal law or the
laws of California or any other state to litigate any such dispute in court,
it being the intention of the parties to arbitrate all such disputes. The
arbitrator's decision shall be controlled by the terms and conditions of
these Official Rules, and any other agreements the applicable Registrant
may have entered into with Promoter in connection with the Competition,
and shall be final and binding, and shall provide for each party to bear
its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES
ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered
or enforced in any court of competent jurisdiction. If either party shall
fail to appear at the hearing on the date designated in accordance with
the rules of the American Arbitration Association, or shall otherwise fail
to participate in the arbitration proceeding, the arbitrator is hereby empowered
to proceed expiate. In the event of any dispute concerning these Official
Rules, or any other agreement between the applicable Registrant and Promoter
in connection with the Competition, Registrant's sole and exclusive remedy
shall be to seek damages pursuant to an arbitration authorized by this Paragraph,
and in no event will any entrant be entitled to seek injunctive or other
equitable relief. If you do not agree to these requirements (or any other
provision herein), do not participate in the Competition.
Representations and Warranties/Indemnification. Each Registrant who makes any submission in connection with this Competition represents and warrants to Promoter as follows: (i) the Registrant represents and warrants that they are not a member of the Writers Guild of America. (ii) the submission, as applicable, is the Registrant's own original, previously unpublished, and previously un produced work. (iii) the submission is wholly original with Registrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the submission, as applicable, neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the submission, as applicable, does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (vi) the submission, as applicable, will be fair, impartial, and in good faith, and will comply with these Official Rules (including, without limitation, requirements related to sportsmanship) and the requirements set forth in any other agreement Registrant may enter into with Promoter. Each Registrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Registrant hereunder.
Invalidity/Headings. The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules 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. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
Winners List. After the end of the Competition Period, the name (s) of the Winning Screenplay Contestants will be posted to the Competition Site.
Adult Status: I HAVE READ AND FULLY UNDERSTAND THIS SUBMISSION AGREEMENT AND RELEASE. I represent and warrant that I am at least 18 years of age.
This Submission Agreement and Release is
entered into as of __________,2006
AGREED AND ACCEPTED:
Date of Birth: ______________________
PLEASE USE AN ADDITIONAL AGREEMENT IF THERE ARE MORE AUTHORS.