AMERICA’S NEXT GREAT AUTHOR ONLINE AUDITION TERMS AND CONDITIONS
Last Revised: July 30, 2022
America’s Next Great Author (the “Program”) is a United States television program, featuring writers competing to win Two Thousand Five Hundred Dollars ($2500) at a filmed pitch audition taking place on October 30, 2022 in Newark, New Jersey (the “Pilot Taping”). By participating in this online application (the “Online Application”) and submitting an online pitch audition video (“Audition Video”) for consideration by America’s Next Great Author, Inc. (“Producer”) in connection with the Program, the Author (as defined below) acknowledges that they have read, understood and voluntarily agreed to abide by these Online Application and Audition Video Submission Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the Author submits their Online Application.
Before proceeding to the Online Application, please confirm that you meet the Eligibility Requirements here. In addition, please ensure that the Audition Video meets the Audition Video Submission Requirements set forth below. Prior to submitting an Audition Video, please be sure the making of your Audition Video is in accordance with your local government’s regulations and restrictions relating to the COVID-19 pandemic and any other local health and safety regulations.
Online Applications and the Audition Video may be submitted starting August 1, 2022 and will no longer be accepted after 11:59 p.m. Pacific Time on September 15, 2022 (the “Submission Period”).
Producer makes no guarantee that all online applications and audition videos it receives will be reviewed.
As used herein, “Author” will refer to the individual who completes the data fields to register and uploads the Online Application and Audition Video on the Submittable website, a third party engaged by Producer to gather online auditions in connection with the Pilot Taping.“Semifinalists” refer to the online applicants that are selected to attend the Pilot Taping as a potential Contestant. “Contestant” refers to the Authors that are selected at the Pilot Taping to perform their pitch before a Pilot audience at the live taping.
1. Eligibility Requirements.
(a) The Author must be able to prove at the time of Author’s registration and audition that Author is either (i) a United States citizen; (ii) a legal permanent resident of the United States; (iii) possess a current employment authorization card or have unrestricted employment authorization; or (iv) be in the United States legally at the time of the Online Application Submission. All Authors will be required to show proof of unrestricted employment authorization or have appropriate visa status in the United States that allows them to compete on the Program prior to participating in the Pilot Taping.
(a) Author must be at least eighteen (18) years of age on the date of uploading.
(b) An Author must be the sole writer of the underlying material in the Online Applications and Audition Video.
(c) Producer reserves the right to disqualify any person Producer determines, in its sole discretion, is sufficiently connected with the Program or Producer, or their respective parents, subsidiaries or affiliated companies, or any of their respective licensees, successors or assigns; or any other person or entity connected with the production, administration or judging of the auditions or the Program; any television station or channel, cable network, or satellite network that may air or otherwise exhibit the Program or any variation thereof; any person or entity involved in the development, production, distribution, or other exploitation of the Program or any variation thereof; any sponsor of the Program or its or their advertising agency; or any person or entity supplying services or prizes to the Program, such that such person’s participation in the Program could create the appearance of impropriety (“Producer Entities”). Conversely, Producer reserves the right to allow any person to remain part of the Program who may have a connection with the Program or any of the Producer Entities if, in Producer’s sole discretion, Producer determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.
2. Online Application Submission Requirements.
(a) The Author must register on Submittable.
(b)The Author may submit only one Application. Only fiction written for young adult or adult audiences, including novels in verse, and memoir (the “Work”) will be accepted. Producer is not accepting nonfiction of any other genre, poetry collections, middle grade fiction or books for children. Producer reserves the right to determine, in its sole discretion, the eligibility of any Work submitted.
(c) Author must submit ten (10) pages of the Work written in English.
(d) Author must not have a current contract for the Work.
(e) Producer reserves the right to determine, in its sole discretion, the eligibility of each Author’s Online Application.
(g) The Author’s Online Application submission will not be complete until the Author has accepted these Terms and Conditions.
(h) Producer reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the Online Audition Website.
3. Audition Video Submission Requirements.
(a) The Author may submit ONLY ONE (1) Audition Video. The Audition Video shall be no longer than seventy-five (75) seconds and shall consist of a fully developed pitch based on the Work. The Author may provide introductory remarks of fifteen (15) seconds or less. The following video formats are acceptable:
- MP4 (MPEG-4 Video File)
- .AVI (Audio Video Interleave File)
- .3GP (3GPP Multimedia File)
- .WEBM (WebM Video File)
- .WMV (Windows Media File
- .MKV (Matroska Video File)
- .MOV (Apple QuickTime Movie)
- .MPG (MPEG Video File)
- .FLV (Animate Video File)
- .M4V (iTunes Video File)
(b) Audition Videos should be submitted at Submittable as part of the Online Application. Follow the onscreen prompts to upload the Audition Video. Audition Videos will NOT be accepted after 11:59 p.m. Pacific Time on September 15, 2022.
(d) If your video is in ASL or any language other than English, please ensure your written pitch matches the pitch delivered in your Audition Video.
(e) The Author’s Audition Video submission will not be complete until the Author has accepted these Terms and Conditions.
(f) The Author’s conduct on the Online Audition Website shall also be governed by americasnextgreatauthor.com/about/terms (“AMERICA’S NEXT GREAT AUTHOR TERMS OF SERVICE WEBSITE USE"). In the event of a discrepancy between these Terms and Conditions and the AMERICA’S NEXT GREAT AUTHOR TERMS OF SERVICE WEBSITE USE, these Terms and Conditions shall control.
4. Audition Video Content
(a) Audition Videos must conform to the requirements of these Terms and Conditions, as well as the ANGA Terms of Service. Both these Terms and Conditions and the ANGA Auditions Terms of Service may be amended from time to time.
(b) Video should be no greater than seventy-five (75) seconds. The Audition may include a short introduction (no more than fifteen (15) seconds stating the name of the Author, where the Author is from, and any other information Author would like to convey.
(c) Audition Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, gender identity, gender expression, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
Audition Videos submitted for consideration in this Online Audition will be judged according to the same parameters as other auditions for the Program. Semifinalists will be selected and notified by October 1, 2022. All Semifinalists are expected to attend the live taping of the Program in Newark, NJ on October 30, 2022. Semifinalists are required to provide or arrange for their own travel and accommodations to attend the Pilot Taping.
6. Further Documentation.
In the event Producer chooses the Author to participate as a Contestant in the Program, Author will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Participant Agreement, and a Release and Confidentiality Agreement. In addition, Author may be required to complete an extensive background questionnaire, and will be subject to a thorough background investigation and other examinations, at Producer’s discretion. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF THE AUTHOR FAILS TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, AUTHOR MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.
7. Disqualifications: Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from the audition process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being chosen to audition and/or compete at any level in the process does NOT ensure that the Author will be selected to continue to the next stage of the competition process.
The Author shall retain all ownership rights in the Audition Video. By submitting the Audition Video, Author hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition Video for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of Producer and any Producer Entity and their network of Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer and/or Producer Entity may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Author. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any Producer Entity, these rights include, without limitation, the absolute right to edit and/or alter any Audition Video, distribute and synchronize all or any portion of the Author’s Audition Video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Author’s Audition Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Author’s Audition Video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the Author’s Audition Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Author’s Audition Video; and to excerpt and/or extract portions of the Author’s Audition Video in order to host, store, index, categorize and display the Author’s Audition Video on or through the Platforms. Producer has no obligation to review the Author’s Audition Video or to use the Author’s Audition Video in any manner whatsoever.
9. Representations and Warranties / Indemnification.
The Author represent and warrant as follows: (i) the Author is the copyright owner of the Audition Video, or has the necessary authorization to submit the Audition Video hereunder, (ii) the performance in the Audition Video is the Author’s own original work; (iii) the Audition Video is wholly original with the Author and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Audition Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iii) the Audition Video does not and will not violate any applicable laws, and meets the Audition Video Submission Requirements set forth above. The Author will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Audition Video to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event the Author cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Author’s Audition Video, or seek to secure the releases and clearances for the benefit of Producer and/or the Producer Entities, or may allow the applicable Audition Video to be utilized. Additionally, the Author represent and warrant that the Author will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any of the Producer Entities. All Producer Entity specifically reserves their respective right to protect their intellectual property against any infringement or other illegal or improper use. The Author agree to indemnify and hold harmless the Producer Entities, and each of them, 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 the Author hereunder.
10. Conditions of Participation. This Online Application is subject to all applicable federal, state, and local laws. The Author hereby: (a) agrees that Producer and the Producer Entities shall have no liability whatsoever for, and shall be held harmless by the Author 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 this Online Application, Audition Video, Pilot Taping and/or Program or any related activity; (b) releases Producer and the Producer 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, action, or proceedings relating to this Online Application and Video Audition and from injuries or damages arising in connection with or relating to participation in this Online Application, Video Audition, Pilot Taping and the Program; and (c) waive any right to claim ambiguity in the Online Application or these Terms and Conditions. Producer reserves the right to modify these Terms and Conditions, remove suspect Audition Videos, and/or cancel, terminate or suspend any portion of this Online Application at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all. Producer also reserves the right to change the Program rules and procedures at any time. Being chosen to audition and/or compete at any level in the competition does NOT ensure that the Author will be selected to advance to the next stage of the competition process.
12. Nature of Relationship / Waiver of Equitable Relief. The Author understand and acknowledge that the Producer Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. The Author acknowledge that many ideas may be competitive with, similar or identical to the Audition Video and/or each other in theme, idea, format or other respects. The Author acknowledge and agree that the Author will not be entitled to any compensation as a result of the use by the Producer Entities of any such similar or identical material. The Author acknowledge and agree that the Producer Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Audition Video. The Author acknowledge that, with respect to any claim by the Author relating to or arising out of the actual or alleged exploitation or use of any Audition Video or other material submitted in connection with the Online Application by any Producing Entity, the damage, if any, thereby caused to the Author will not be irreparable or otherwise sufficient to entitle the Author to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video, the Pilot Taping and/ or the Program or any other production based on or allegedly based on the Audition Video, the Pilot Taping or the Program, and the Author’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. Important: Please Read General Release and Limitations on Liability. By participating in this Online Audition, the Author agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Application, the Audition Video, the Pilot Taping and/or the Program 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 Online Application, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Author be permitted to obtain any award for, and the Author 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. The Author acknowledge and agree that the Producer 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 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 Producer Entities or otherwise, that may limit an participant’s ability to participate in this Online Application; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Online Audition and 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 Online Application, Audition Video, Pilot Taping and/or Program (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 the Author for defamation or portrayal in a false light. Producer Entities assume no responsibility for any damage to the Author’s computer system, which is occasioned by accessing the Online Audition Website, or participating in this Online Application, 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 disqualify any participant that violates the Audition Video Submission Requirements, tampers with the Audition Video process or operation of the Online Audition or Authors in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, this Online Audition 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 Online Audition, Producer reserves the right, at their absolute discretion, to close the Application Submission Period at any time, cancel, terminate, modify or suspend this Online Audition or take any other action deemed fair and equitable by Producer. Producer in its sole discretion may also elect to change the date, location, cancel, postpone or terminate the Pilot Taping. Author acknowledges and agrees that the Producer 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 the postponement, relocation, cancellation or termination of the Pilot Taping.
14. Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE AUDITION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE AUDITIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW JERSEY 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 PRODUCER ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRAUTHORORS 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 THE AUTHOR’S PARTICIPATION IN THE ONLINE AUDITION, PILOT TAPING OR THE PROGRAM. 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 THE AUTHOR OR MEMBERS OF THE AUTHOR. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE AUDITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.