Terms & Policies
INDIANA FILM RACE – In association with FILM 765, LLC, we are proud to introduce an original reality based film race where three competing filmmaking teams will have five days to shoot a short film (10-15 minutes and under including credits), throughout five counties in west central Indiana for a cash grand prize of $10,000.
Please read the following terms and conditions:
1) You must be at least 18 years of age as of August 21, 2018.
2) You must be able to verify your identity and eligibility to participate and fulfill the requirements of the production in the United States.
3) You must be legally eligible to live in the United States and work in the United States on the Program, or you are in the process of attempting to obtain lawful authorization so that you will be eligible to live in the United States and work in the United States on the Program by August 21, 2018.
4) You must not be a candidate for public office and must agree not to become one until after one (1) year after the initial broadcast of the episodes of the Program in which you appear, if selected as a participant.
6) If selected as a potential participant you must execute waivers and release agreements required by Producer or any of their licensees, successors or assigns and satisfy all other eligibility requirements.
7) Any offer to become a participant may be conditioned upon your submission to a background check, in accordance with applicable laws.
8) You hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the INDIANA FILM RACE participant selection process, if selected; (iv) even if I meet the eligibility requirements, FILM 765,LLC has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, FILM 765,LLC has no obligation produce the INDIANA FILM RACE and (vi) I agree to keep strictly confidential all information about the INDIANA FILM RACE that I may acquire during the participant selection process and/or during my participation in the INDIANA FILM RACE (if applicable); (vii) all decisions by FILM 765, LLC concerning selection of the participants are final and not subject to challenge or appeal; and (viii) FILM 765, LLC has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant.
(b) By submitting this application, I hereby consent to the recording, use and reuse by FILM 765, LLC, N and any of the Released Parties (as defined in Paragraph 11 below) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the INDIANA FILM RACE or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by FILM 765, LLC or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Released Parties or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the INDIANA FILM RACE (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by FILM 765,LLC) in connection with my application or the INDIANA FILM RACE, I represent and warrant that I own all rights to such music, and I grant FILM 765, LLC the right to record, reproduce and publicly perform any such music in and in connection with the INDIANA FILM RACE or any other work. Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from FILM 765, LLC for the use of any such music, video or film including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to participate in the INDIANA FILM RACE in any manner whatsoever. I understand that I will not be paid any money for giving Released Parties these rights or for signing this application.
9) CONFIDENTIALITY. Whether or not I am selected to be a participant on the INDIANA FILM RACE, I shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the INDIANA FILM RACE) any of the following, which is the exclusive property of FILM 765, LLC or: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the INDIANA FILM RACE, including without limitation, any information or materials concerning or relating to FILM 765, LLC, the business of FILM 765, LLC any program produced by FILM 765, LLC, including, without limitation, any information concerning or relating to the INDIANA FILM RACE, the INDIANA FILM RACE applicants, the INDIANA FILM RACE participants, the location(s) of the INDIANA FILM RACE, the events contained in the INDIANA FILM RACE, the outcome of any episode of the INDIANA FILM RACE, and the contents of this application or any other agreement or document that I sign, have signed or receive from FILM 765, LLC at any time (collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by FILM 765, LLC by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of FILM 765, LLC result in my being disqualified to participate as a participant in the INDIANA FILM RACE. I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and Film 765, LLC irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that the INDIANA FILM RACE shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me.
10) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my participation in or in connection with the INDIANA FILM RACE, including, without limitation, the recording of my Likeness and the Materials, my participation in the participant selection process of the INDIANA FILM RACE, and any exploitation of the INDIANA FILM RACE, my Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity and false light) (the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue the Released Parties as a result of the recording or use of my Likeness or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms, any other licensees or assignees of the INDIANA FILM RACE or the Materials, the other participants in the INDIANA FILM RACE, all other persons and entities connected with the INDIANA FILM RACE, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
11) As used herein, FILM 765, LLC shall include, its parent entities, affiliates, licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that FILM 765, LLC may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.
12) CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of Indiana, without regard to the conflicts of law provisions thereof.