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America’s Next Great Author Participant Agreement

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the potential opportunity to be considered to appear as an on-camera contestant in connection with a Pilot Taping of the television show currently entitled “America’s Next Great Author” (the “Program”), to be produced by America’s Next Great Author, LLC (“Producer”), I hereby enter into this Participant Agreement, Materials Release, Likeness Authorization & Arbitration Provisions (this “Agreement”) and represent, warrant, and agree as follows:

  1. I am at least eighteen (18) years old and have the full, complete and unrestricted right and authority to enter into this Agreement. I understand and acknowledge that it may be necessary for me to provide two (2) valid forms of identification showing proof of my age and a picture ID (e.g., a certified copy of my birth certificate and driver’s license, passport, etc.) in connection with my participation as a Pilot Taping contestant,
  2. I am a United States citizen, a legal permanent resident of the United States, or possess a current legal visa allowing me to seek full-time, permanent employment freely in the United States (not merely a visa that allows me to work for one particular employer). If I am not a United States citizen, I understand and acknowledge that if selected as a contestant, I will be asked to provide proof of legal residency or proof of my right to work in the United States in connection with my participation in the Pilot Taping including, without limitation, (i) a valid US passport or combination of valid US driver's license and valid social security card, and (ii) any work permits required by the state of New Jersey (if any).
  3. If I am selected as a semifinalist, I am able to attend the Pilot Taping in Newark, NJ on October 30, 2022. If I am selected as the winner of the Pilot Taping, I will be able to attend an additional day of taping on October 31,2022.
  4. If requested, I will voluntarily submit to and complete a background check, in accordance with applicable laws and execute all documents required by Producer in connection with such background check.
  5. I will not participate in the Pilot Taping if Producer determines in its sole discretion that my participation would create impropriety or the appearance of impropriety.
  6. I hereby grant to Producer the right to use the written pitch, writing submission, audition video and all other materials (the “Materials”) submitted by me in connection with my online application to participate in the Pilot Taping of the Program.
  7. I hereby irrevocably grant to Producer a gratis, non-exclusive right to photograph, record and reproduce the Materials as part of the Program, or any version thereof, and to distribute, exhibit and otherwise exploit (and to authorize others to distribute, exhibit and exploit) the Program and its related advertising, publicity and promotion (including without limitation “making of” and “behind the scenes” programs) incorporating the recording and/or image of the Materials throughout the universe in perpetuity in all media and by all means, now known or hereafter developed. To the fullest extent allowable under any applicable law, I expressly waive any and all so-called “moral rights” in the Materials as used in connection with the Program that may now exist or may hereafter come into existence. I acknowledge that Producer is not obligated in any way to use the Materials or any portion thereof in the Program or in any other production. Producer shall be the sole owner of the Program and all rights therein for all purposes in perpetuity. However, Producer’s use of the Materials will not affect my continued and separate copyright ownership of the Materials.
  8. I also hereby grant to Producer the right and permission to reproduce, use, publish, display, distribute and/or broadcast, worldwide, in perpetuity, my appearance, image, likeness, picture, photograph, voice, professional and/or legal name, performance statements and biographical information and the results and proceeds thereof (“Likeness”), in whole or in part, in any media whatsoever now known or hereafter developed, together with or without written or spoken copy, in connection with the Pilot Taping and/or the Program.
  9. I hereby authorize Producer to record (on film, tape, digital, electronic or otherwise) my Likeness; to edit my Likeness at Producer’s sole discretion and to include it with the performance and/or likeness of others and with special effects, sound effects and music; to make multiple recordings of my Likeness and to use and re-use my Likeness, in whole or in part, in any traditional and non-traditional broadcast formats, worldwide, as well as Producer’s print and electronic publications and/or any Producer’s social media sites and in any other mode or manner, not set forth herein, but which may be utilized by Producer at some future time.
  10. I authorize Producer to use in whole or in part, to use such recordings for purposes of publicity, advertising and promotion, or other non-commercial purposes; and to use my name, likeness, voice, biographic and/or other information concerning me in connection with Producer in its sole discretion. I understand and agree that Producer owns all rights and proceeds to the recording rendered in connection therewith.
  11. I hereby release, discharge, indemnify and hold harmless Producer, its employees, agents, licensees, successor and assigns from any and all claims, demands or causes of action that I may have, or may have in the future, for defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement.
  12. Although I understand and agree that unless I am the winner of the Pilot Taping, I am to receive no monetary compensation from Producer or its affiliated companies, licensees, assignees, and other successors-in-interest for my appearance or participation in the Program, I acknowledge that I have received adequate consideration for this Agreement.
  13. I acknowledge that all rights, licenses and privileges herein granted by me to Producer are irrevocable and not subject to rescission, restraint or injunction under any circumstances. Nothing herein shall be construed to obligate Producer to produce, distribute or use any of the rights granted herein.
  14. I shall have no right of approval or claim to additional compensation for any use of my Materials or Likeness which is permitted hereunder.
  15. I represent and warrant that I have the sole right and authority, as the copyright owner of the Materials or the authorized agent of the owner, to grant the rights granted herein; (ii) the consent or permission of no other person or entity is necessary for me to enter into this Agreement; and (iii) Producer’s use of the Materials as described herein will not violate the rights of any third party. I understand that Producer is relying on this Agreement and expending money in connection with the Pilot Taping and the Program and that I am not entitled to terminate, rescind or cancel this Agreement for any reason, other than timely withdrawal of my Online Application submission from Submittable.com
  16. I hereby indemnify Producer from and against any loss or damage, including reasonable outside attorney’s fees, caused by or arising out of any breach or alleged breach of any representation, warranty, or agreement made by Grantor herein.
  17. I hereby acknowledge and agree that all of the above rights are granted without any restriction or reservation of any kind or nature whatsoever and without any right on any part to enjoin or interfere with the production, distribution or exploitation of the Pilot Taping and/or the Program. In no event shall I be entitled to seek to restrain the development, production, distribution, exhibition, marketing, advertising, or other exploitation of the Pilot Taping or the Program or otherwise seek or obtain injunctive or other equitable relief. I also hereby release and discharge Producer, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of action that I may have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any of the rights granted herein.
  18. I acknowledge that as a material condition to my participation in the Pilot Taping, I shall comply with any of Producer’s policies and procedures relating to health and safety, including the prohibition of firearms and other weapons on-site and COVID-19 protocols (which may include, among other things, on-site testing; health questionnaires; social distancing and use of personal protective equipment). I understand the purpose of such policies and protocols and that, because the COVID-19 pandemic is a fluid and evolving situation, Producer’s policies and protocols may change. I further understand and acknowledge that my compliance with such policies and protocols (including any subsequent policies and protocols of which I’m notified by Producer) is a material obligation under this Agreement.
  19. I hereby acknowledge and agree that this Agreement may be freely assigned and licensed by Producer, and in the event of any such assignment or license, this Agreement shall remain binding on me and shall inure, without limitation, to the benefit of any such licensee or assignee.
  20. I hereby agree that I will not at any time issue, authorize or participate in any news story, magazine article or other publicity or information of any kind relating to the Program, Producer or any of its related or affiliated entities or disclose any confidential information without Producer’s written consent in each case.
  21. This Agreement shall be construed according to the laws of the State of New Jersey. All disputes under this Agreement shall be settled pursuant to binding arbitration under the rules of the Independent Film and Television Alliance (“IFTA”) before a single arbitrator in Newark, New Jersey. I hereby waive jurisdiction and venue in any other place. I also acknowledge and agree that any recovery shall be limited to actual damages, and under no circumstances will I be entitled to recover punitive or exemplary damages.
  22. I have had ample opportunity to read, and have in fact read, this entire agreement. I have also had an opportunity to review it with an attorney of my choice should I elect to do so. I fully understand all of its rights, obligations, promises and agreements, and by clicking “AGREE” below, hereby confirm my acceptance and agreement with all the terms and conditions set forth in this Agreement.