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NOTE: If you do not accept and agree to these Terms and Conditions, you will not be eligible to participate in the Casting.
1. Eligibility: America's Most Desperate Landscaping Casting Call ("Casting") is open to legal residents of the fifty (50) United States and the District of Columbia who are the age of majority in the their jurisdiction of residence at the time of entry. Employees of Scripps Networks, LLC dba DIY — Do It Yourself Network, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each employee are not eligible. Participation constitutes full and unconditional agreement to these Terms and Conditions and to Sponsor's decisions which are final and binding in all matters related to the Casting. Failure to comply with these Terms and Conditions may result in disqualification from the Casting.
2. Sponsor: Scripps Networks, LLC dba DIY — Do It Yourself Network, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932 ("Sponsor").
3. Timing: You can email your Submission (as defined below) to: email@example.com beginning on February 20, 2013 and until March 22, 2013 ("Casting Period"). Casting will be selected on a continuous basis until the end of the Casting Period.
4. How to Participate: Send an email to firstname.lastname@example.org containing the following: (i) your resume; (ii) your contact info (name, phone number, email, address, and age); (iii) a photo of you; and (iv) a link to a video featuring you and your desperate landscape (collectively, the "Submission"). The video Submission should demonstrate your fun spirit and your depressing landscape and should stand out from the pack and be original. The Submission video must meet the following guidelines (hereinafter "Submission Guidelines"):
(1) Videos should not include the recognizable image of any person other than the Casting entrant.
(2) Videos must be original and not incorporate material copied from any third party. (See Warranty in Section 9 of these Terms and Conditions.)
(3) Videos may not defame, libel, invade privacy, or otherwise contain material that is obscene, pornographic, abusive, threatening or otherwise is harmful or offensive to others.
(4) Videos should not contain content that infringes on any intellectual property or other right of any person or entity, including but not limited to, anyone's copyright, trademark, privacy, or publicity rights.
(5) Videos should not contain content that falsifies or deletes author attributions, legal notices or other proprietary designations.
(6) Videos should not contain content that violates any law or advocates illegal activity.
(7) Videos should not contain content that advertises or otherwise solicits funds or sales of goods or services.
(8) Videos should not knowingly contain content that is corrupted by viruses, corrupted files, or other materials that may cause damage to another's computer.
Entrants must be the owner of record of the home and land that is the subject of the Submission, and must be able to provide evidence of ownership if chosen by Sponsor. Sponsor reserves the right in its sole discretion to conduct a background check on any entrant chosen by Sposnor.
LIMIT: YOU MAY ONLY SUBMIT ONE (1) CASTING SUBMISSION TO THE CASTING WEBSITE DURING THE CASTING PERIOD. Additional Submissions will not be considered or reviewed. Submissions will not be acknowledged or returned. Submissions will be deemed made by the authorized account holder of the email address associated used to submit the Submission. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning the email address for the domain. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
5. Use of Submissions: If selected, your Submission, including your name, and age, may be used on air, online on the DIY website at http://www.DIYnetworks.com. By sending your Submission, you consent to Sponsor and its agents' and affiliates' use of your name, likeness, photograph, voice, and age in any media, worldwide, in perpetuity, without further payment or consideration.
6. License Grant: You shall retain all ownership rights in your Submission. However, by submitting your Submission, you acknowledge that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant to Sponsor, Sponsor's joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "Sponsor Parties") a non-exclusive, perpetual, worldwide, royalty-free, fully paid up license to make use of and distribute your Submission, as well your name, voice, likeness and appearance therein and the personally identifying information you provide on or in connection therewith, as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Sponsor Parties may or may not earn or generate through its use of your Submission.
7. Sponsor Parties' Right to Use and Edit Your Submission: You grant the Sponsor Parties the non-exclusive right to edit or modify in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the Sponsor Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Sponsor Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
8. Warranty: You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Sponsor Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Sponsor Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
9. Waiver of Right of Approval: You hereby waive any right of inspection or approval of your Submission as used and distributed by the Sponsor Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
10. Release and Waiver; Indemnification: You acknowledge that the Sponsor Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Sponsor Parties from any and all claims arising from their use and distribution of your Submission.
11. Further Review and Documentation: In the event your Submission is selected for further evaluation, you may be contacted by Sponsor, or an agent or employee of Sponsor, and be required to execute additional documents, provide additional information and undergo additional screening, including without limitation a background and/or personal records check, in order to advance further in the casting process. Further, Sponsor reserves the right to ask for additional documentation, waivers, releases, permissions and signatures to confirm eligibility and for any other purpose relating to the Casting and use of the Submissions.
12. No Right to Compensation: Each person who submits a Submission understands and acknowledges that the Sponsor Parties have wide access to ideas, stories, content and material, and that new ideas are constantly being submitted to the Sponsor Parties or being developed by their own employees. Many of these ideas may be competitive with, similar or identical to the Submission in theme, idea, format or other respects. In this regard, you understand that no credit, compensation or other recourse will be provided to you as a result of your participation in this Casting. Further, by submitting your Submission for this Casting, you understand and agree that you will not be entitled to any compensation for use of your Submission, or your name, likeness, photograph, voice, biographical information, or any other information submitted by you.
13. Potential Remedies: You acknowledge that, with respect to any claim by you relating to or arising out of a TRV Party's actual or alleged exploitation or use of any Submission or any other material submitted in connection with the Casting, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other program, including the production of the Man v. Food Nation program, based on or allegedly based on the Submission, and that your rights and remedies in any such event shall be strictly limited to the right to recover damages in the form of out-of-pocket expenses, if any, in an action at law.
14. Release: By submitting your Submission for this Casting, you agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including but not limited to, invasion of privacy, misappropriation of name and likeness, infringement, defamation, personal injury, death, or damage to or loss of property, arising out of participation in the Casting or the airing, online posting or other use of the submitted information and material.
15. Right to Cancel, Modify or Disqualify: Sponsor reserves the right to cancel, suspend and/or modify the Casting, or any part of it, in Sponsor's sole discretion. Sponsor is not required to use or air any Submissions or any portions thereof for any purpose described herein.
16. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Casting entrants, printing errors or by any of the equipment or programming associated with or utilized in the Casting; (2) 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 Release Parties, Sponsor Parties or otherwise, that may limit a Casting entrant's ability to participate in this Casting; (3) unauthorized human intervention in any part of the entry process or Casting; (4) technical or human error which may occur in the administration of the Casting or the processing of Submissions; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Casting or use of any information or material submitted for the Casting in the manner described in these Terms and Conditions; or (6) a Casting entrant's claim that he or she has somehow been defamed or portrayed in a false light. UNDER NO CIRCUMSTANCES WILL ANY CASTING ENTRANT 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.
17. Disputes: Except where prohibited, Casting entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Casting or use of any information or materials submitted for this Casting shall be resolved individually, without resort to any form of class action, exclusively by the United States District Court for the District of Tennessee or the appropriate Tennessee State Court located in Knox County, Tennessee; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney's fees; and (3) under no circumstances will Casting entrant be permitted to obtain awards for, and Casting entrant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Casting entrant and Sponsor in connection with the Casting, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.