Term of Use – Online Auditions

AMERICA’S GOT TALENT® Online Audition Terms and Conditions

America’s Got Talent (the “Program”) is a United States television program, featuring singers, dancers, magicians, comedians, and other performers of all ages competing to win prizes. By participating in this online audition (the “Online Audition”) and submitting an online audition video (“Audition Video”) for consideration by Marathon Productions, Inc. (“Producer”) in connection with the Program, the Act (as defined below) acknowledges that it has read, understand and voluntarily agree to abide by these Online Audition and 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 Act submits its Audition Video.

Prior to submitting an Audition Video, please confirm that each individual member of the Act meets the Eligibility Requirements in Section A below. In addition, please ensure that the Act’s Audition Video meets the Audition Video Submission Requirements in Section B below.

Audition Videos will stop being accepted on a date to be determined in the sole discretion of Producer (the “Video Submission Period”). No Audition Videos will be accepted after 11:59 p.m. PT on the close of the Video Submission Period.

Producer makes no guarantee that all online audition videos it receives will be reviewed.

As used herein, “User” will refer to the individual who completes the data fields on the Audition Website and uploads the Audition Video. User must be at least eighteen (18) years of age and, if registering on behalf of a person under eighteen years of age (each a “Minor”), must be authorized to act on behalf of such person (i.e., a parent or guardian).

A. Eligibility Requirements.

1. The Act must be able to prove at the time of the Act’s registration and audition that:

All members of an Act must either (i) be a United States citizen; (ii)be a legal permanent resident of the United States; (iii) possess a current employment authorization card (EAD card) or have unrestricted employment authorization; or (iv) be in the United States legally at the time of the initial audition. All members of each act 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 live shows

2. Participants to an “Act” may include: 1) a participant who performs alone; or 2) multiple participants who perform together. Any participant in an Act that is under the age of eighteen (18) as of the date of submission must have his or her parent or legal guardian’s permission to participate in the Online Audition.

3. If the Act is made up of Minor(s) as of the date of submission, the Act MUST have a parent or legal guardian submit the Act’s Audition Video on the Act’s behalf. This of-age parent/legal guardian will register as the User, and may be asked to show proof that s/he is the parent or legal guardian or at least one member of the Act and authorized to bind the Act to the terms of these Terms and Conditions. If at least one (1) member of the Act is eighteen (18) years of age, the Act may designate that individual as the User, who will be asked to verify his/her age and confirm that s/he can bind all members of the Act.

4. Producer and/or NBC reserves the right to remove from the Program any person (including any member of the Act) Producer and/or NBC determines, in Producer’s and/or NBC’s sole discretion, is sufficiently connected with the Program or Producer, FremantleMedia North America, Inc., Simco Limited trading as Syco Television, LLC and/or Syco Music, Sony Music Entertainment, and NBC 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 (including, but not limited to Dr. Pepper Snapple Group and/or ConAgra) 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. Conversely, Producer and/or NBC 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 and/or NBC’s sole discretion, Producer and/or NBC determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.

B. Audition Video Submission Requirements.

1. General Requirements.

(a) The Act may submit ONLY ONE (1) Audition Video.
(b) Audition Videos should be submitted at nbc.com/agt or agtauditions.com (“Online Audition Websites”). Follow the onscreen prompts to upload the Act’s Audition Video. Audition Videos will NOT be accepted after 11:59 p.m. PT on the close of the Video Submission Period.
(c) At least one participant in an Act (or the parent or legal guardian of a participant in the Act that is a minor in his or her state of residence) must have Internet access during the Video Submission Period, and sign up as the User on Online Audition Website. There is no charge to become a User on the site.
(d) The Act’s Audition Video must be entered by a registered user of the Online Audition Website, who is at least eighteen (18) years old, and who has the authority to act on behalf of the other participants in the Act. If all the participants in an Act are minors in their state of residence, then the Act’s Audition Video must be entered by a parent or legal guardian of a participant in the Act who has the authority to act on behalf of the other participants in the Act.
(e) The Act’s Audition Video must comply with the requirements of this Section B. Any Audition Video that, in Producer’s discretion, does not comply with the requirements of this Section B may be disqualified.
(f) The Act’s Audition Video submission will not be complete until the Act have accepted these Terms and Conditions.
(g) Producer reserves the right to determine, in its sole discretion, the eligibility of each Act’s Audition Video. ELIGIBLE PARTICIPANTS MUST SUBMIT THE AUDITION VIDEO IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
(h) The Act’s conduct on the Online Audition Website shall also be governed by http://www.americasgottalentauditions.com/termsofservice/ (“AGT Auditions Terms of Service”). In the event of a discrepancy between these Terms and Conditions and the americasgotatalentauditions.com Terms of Service, these Terms and Conditions shall control.
(i) 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.

2. Audition Video Content

(a) Audition Videos must conform to the requirements of these Terms and Conditions, as well as the AGT Auditions Terms of Service. Both these Terms and Conditions and the AGT Auditions Terms of Service may be amended from time to time.
(b) Video should be no greater than two (2) to three (3) minutes. The Act may include a short introduction (no more then thirty (30) seconds) stating the name of the Act, age(s) of members, where the Act is from, and any other information the Act 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, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.

C. Judging. Audition Videos submitted for consideration in this Online Audition will be judged according to the same parameters as other auditions for the Program. If the Act is selected to progress in the audition process to the callback round of the competition, the Act may be required to provide or arrange for the Act’s own travel to the audition callback, which will be at a location selected by Producer in its sole discretion. If any member of the Act is a Minor, that individual’s parent or legal guardian must accompany them to the audition callback and may also provide or arrange for his or her own travel to the audition callback.

D. Further Documentation. In the event Producer chooses the Act to participate in the Program auditions, the Act 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 Release and Confidentiality Agreement. In addition, the Act will be required to complete an extensive background questionnaire, and will be subject to a thorough background investigation and other examinations, at Producer’s discretion. If any member of the Act is a Minor, both the individual member and that member’s parent or legal guardian must sign each of the forms and cooperate in having the forms court approved, if and when requested by Producer. Any Minor members of an Act are accompanied to the audition by a guardian appointed by said member’s parent or legal guardian, that member must have the release signed and NOTARIZED by his/her parent or legal guardian with authority to sign on that member’s behalf, and bring the signed and notarized Release to the audition. If Producer chooses the Act to continue to the next round of the competition, the Act will be required to sign a recording contract, songwriting contract, talent management contract, live stage/touring contract and/or merchandising contract at Producer’s sole and absolute discretion. The Act’s family and/or guests should be prepared to sign releases concerning the possible taping and/or recording of their name, likeness, voice, conversation, etc. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF THE ACT FAILS TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, THE ACT MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.

E. 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 Act will be selected to continue to the next stage of the competition process.

F. License. The Act shall retain all ownership rights in the Act’s Audition Video. By submitting the Audition Video, the Act 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/or NBC and Producer and/or NBC’s 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 NBC 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 Act. 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 Act’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 Act’s Audition Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Act’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 Act’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 Act’s Audition Video; and to excerpt and/or extract portions of the Act’s Audition Video in order to host, store, index, categorize and display the Act’s Audition Video on or through the Platforms. Producer has no obligation to review the Act’s Audition Video or to use the Act’s Audition Video in any manner whatsoever.

G. Representations and Warranties / Indemnification. The Act represent and warrant as follows: (i) the Act 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 Act’s own original work; (iii) the Audition Video is wholly original with the Act 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 in Section B above. The Act 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 Act cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Act’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 Act represent and warrant that the Act 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 other Producer Entity. Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. The Act 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 Act hereunder.

H. Conditions of Participation. This Online Audition is subject to all applicable federal, state, and local laws. The Act hereby: (a) agrees that Producer Entities shall have no liability whatsoever for, and shall be held harmless by the Act 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 Audition or any related activity; (b) release 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 Audition and from injuries or damages arising in connection with or relating to participation in this Online Audition; and (c) waive any right to claim ambiguity in the Online Audition or these Terms and Conditions. Producer and NBC reserve the right to modify these Terms and Conditions, remove suspect Audition Videos, and/or cancel, terminate or suspend any portion of this Online Audition 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, including without limitation, violation of any portion of the Program rules, violation of any of these Terms and Conditions, or tampering with the entry process or the audition process. 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 Act will be selected to advance to the next stage of the competition process.

I. Privacy Policy. Any personal information supplied by the Act to this Online Audition, Producer or NBC will be subject to the privacy policy posted at http://www.americasgottalentauditions.com/privacy-policy/. By participating in the Online Audition, the Act grants the Producer Entities permission to share the Act’s email address and any other personally identifiable information with the other Producer Entities for the purpose of this Online Audition and/or the production of the Program.

J. Nature of Relationship / Waiver of Equitable Relief. The Act 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 Act 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 Act acknowledge and agree that the Act 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 Act 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 Act acknowledge that, with respect to any claim by the Act 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 Audition by any Producing Entity, the damage, if any, thereby caused to the Act will not be irreparable or otherwise sufficient to entitle the Act to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video or the Program or any other production based on or allegedly based on the Audition Video or the Program, and the Act’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.

K. Important: Please Read General Release and Limitations on Liability. By participating in this Online Audition, the Act agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Audition, 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 Audition, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Act be permitted to obtain any award for, and the Act 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 Act 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 Audition; (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 Audition (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 Act for defamation or portrayal in a false light. Producer Entities assume no responsibility for any damage to the Act’s computer system, which is occasioned by accessing the Online Audition Website, or participating in this Online Audition, 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 acts 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 or NBC, corrupt or affect the administration, security, integrity or proper conduct of this Online Audition, Producer and NBC reserve the right, at their absolute discretion, to close the Audition Video Submission Period at any time, cancel, terminate, modify or suspend this Online Audition or take any other action deemed fair and equitable by Producer and/or Audition Booth.

L. 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 CALIFORNIA 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, CONTRACTORS 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 ACT’S PARTICIPATION IN THE ONLINE AUDITION. 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 ACT OR MEMBERS OF THE ACT. 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.