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PROMOTIONAL SHOOT
Submission Rules and Procedures

 

These Submission Rules and Procedures (“Rules and Procedures”) for an upcoming promotional shoot (the “Shoot”) are subject to change at any time at the sole discretion of Bravo Media Productions LLC ("Bravo"). By submitting a Submission (as defined below), you are bound by and agree to these Rules and Procedures. Submission: A submission must be sent via e-mail to bravofanscasting@gmail.com by no later than December 30th and must consist of (a) a recent picture of you; (b) a paragraph about yourself; (c) a paragraph about what Bravo shows you watch and why you’re passionate about them; and (d) any other fun tidbits that you’d like to tell us (collectively, the “Submission”). We want to get a sense of your personality.

Eligibility: You must be at least 18 years of age to submit a Submission and you must be legally eligible to live and work in the United States. You will need to be available to the production for approximately one (1) day in January or February 2010 (date and length of time to be determined in the sole discretion of Bravo, and you will need to be available for pre-production and post production activities.

How many people will be chosen: Bravo intends to select 30 people from the Submissions to come and meet with its promotions team on a date(s) to be determined by Bravo in late December or early January. Bravo may then pick approximately 10 people from that group to participate in the Shoot.

General Conditions: The decision to post or exploit any Submission is solely within Bravo's discretion, and Bravo has no obligation to make any use of any Submission. By providing a Submission, you are granting Bravo and NBC Universal Inc. (“NBCU”), and each of their respective licensees, successors and assigns a worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display your Submission (in whole or in part) in any form, for any purpose, in any and all media now known or hereinafter developed, throughout the world, in perpetuity. Bravo may, in its sole discretion, post or mention your first and last name, city and/or state, in connection with your Submission but you will otherwise receive no credit for your Submission. By submitting a Submission, you hereby consent to the use of your name and domicile for purposes of advertising, promotion and publicity without additional compensation, notification, permission or approval. Neither Bravo nor any advertiser(s) or sponsor(s), if any, will acknowledge receipt of your Submission other than if Bravo elects to meet with you. You agree that you have received good and valuable consideration for the Submission (the receipt and sufficiency of which is hereby acknowledged), including, but not limited to, Bravo's consideration of you for the Shoot.

You represent that your Submission is original, truthful, unpublished, created solely by you, does not infringe upon any rights of any third party, including but not limited to copyright, trademark, and rights of privacy and publicity, does not contain any confidential or personally identifiable information about any third party, and does not contain inappropriate or offensive comments, libelous, tortious, or otherwise unlawful information, or violate any federal or state statute or regulation. Your Submission must NOT contain the name of, or other information that would identify, any person, company, corporation, or other entity.

You recognize that other persons, including, but not limited to, other viewers, employees of Bravo, NBCU, and of the various companies and divisions that make up NBCU, and employees of production companies of any Bravo series may have submitted to Bravo, NBCU, the productions companies of any Bravo series, and/or their respective parents, subsidiaries, affiliates, licensees, successors and assigns, or others, or may have made public, or may in the future originate and submit, or make public, similar or identical material to your Submission, and you understand that you will not be entitled to any compensation because of the creation or use of other similar or identical material. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SUBMISSION OR CREATION AND PRODUCTION OF MOTION PICTURES, TELEVISION PROGRAMS OR OTHER WORKS CONTAINING FEATURES OR ELEMENTS SIMILAR OR IDENTICAL TO THOSE IN THE SUBMISSION WILL NOT ENTITLE YOU TO ANY COMPENSATION OR REQUIRE BRAVO TO NEGOTIATE WITH YOU IF BRAVO DETERMINES THAT IT HAS AN INDEPENDENT LEGAL RIGHT TO USE THAT MATERIAL. You assume all liability for any injury or damages caused or claimed to be caused by your Submission, and, to the maximum extent permitted by law, you agree to indemnify, release and hold harmless Bravo, NBCU, advertiser(s) and sponsor(s), if any, and each of their respective parents, subsidiaries, affiliates, successors, licensees and assigns, and their officers, directors, agents, equity holders and employees (“Released Parties”) from any and all claims, actions, damages, losses, liabilities, costs, expenses (including, without limitation, attorneys’ fees), injuries or causes of action whatsoever that in any way are caused by, arise out of or result from, your creation and submission of the Submission, the use of your Submission or any works derived from your Submission by the Released Parties, your participation in the selection process, the failure of Bravo to select you as a participant in the Shoot, the recording or use (if any) of your name and likeness and Submission, and the exercise by Bravo of any rights granted by you with respect to the Submission on any legal theory whatsoever, including without limitation, a claim for idea misappropriation, invasion of privacy, or defamation. Released Parties assume(s) no responsibility for any injury or damage to you as the result of submitting your Submission. Further, to the maximum extent permitted by law, you agree not to sue Released Parties as a result of the recording or use of your name, likeness and/or the Submission (including, without limitation, any claim that such use defames you or invades any right of privacy and/or publicity) or for any other reason.

Disputes: THESE RULES AND PROCEDURES, AND SUBMISSION OF YOUR SUBMISSION, ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”, available at www.jamsadr.com, including, without limitation, the rules providing for limited discovery and other exchange of information). BRAVO shall pay all types of costs that are unique to arbitration. THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.