The Oscar Experience College Search Release and Agreement
This Agreement (“Agreement”), effective as of entry date, is by and between Academy of Motion Picture Arts and Sciences (“Academy), as sponsor, and the individual identified on the signature page below (“Entrant”). As a condition to participating in the Oscar Experience College Search (“Competition”), the Entrant agrees to the following terms and conditions:
- Entrant agrees to read, understand and abide by all applicable rules and regulations, including but not limited to the Official Rules attached hereto as Exhibit “A.” Entrant agrees to accept as final and binding the determination of the Academy as to Entrant’s compliance with the Official Rules and all other aspects of the Competition. Entrant agrees to appear in-person at all scheduled events outlined in the Official Rules and to be available for any on-camera interviews and appearances related to the Competition.
- Entrant hereby irrevocably grants to Academy, its successors, agents, affiliates, licensees and assigns, the non-exclusive right, but not the obligation, to record, tape, film, use, publish, distribute, exhibit, advertise and exploit Entrant’s likeness, voice, performance and name, in any manner or media know known or hereafter devised, throughout the universe in perpetuity, as part of and in connection with the Competition and with the annual television programs titled the “Academy Awards” (collectively, the “Programs”), including, without limitation, in all exploitation, advertising, promotion, publicity, and marketing for the Programs. Entrant acknowledges that the Academy’s exploitation of the aforementioned rights shall not constitute infringement of any of Entrant’s so-called “moral rights or tortious exploitation of Entrant’s personality. Entrant gives this consent aware that it will constitute a substantial inducement to the Academy to undertake substantial expenditures.
- Entrant specifically acknowledges and agrees that Entrant shall not be entitled to seek or obtain equitable or injunctive relief for any breach or alleged breach, all of which are knowingly waived, and Entrant’s sole remedy shall be the right to seek monetary damages. In no event shall Entrant be permitted to prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Programs.
- This Agreement is not subject to the basic agreements of any guild or union to which Entrant may belong, and Entrant hereby expressly waives the minimum compensation or terms prescribed by any guild or union agreement that may be more advantageous to Entrant than the terms of this Agreement.
- Entrant hereby grants and assigns to the Academy, its successors, licensees and assigns, the non-exclusive right throughout the world in perpetuity in any media now known or hereinafter developed to use any and all videos, essays or other materials created or submitted by Entrant in connection with the Competition (collectively, the “Materials”), including, without limitation, all copyrights, trademarks, and other intellectual property or other rights in the Materials.
- Entrant warrants and represents: (a) he or she is a legal resident of the United States and at least 18 years of age and is not and will not become a candidate for public office prior to February 24, 2013, (b) he or she has have full right, power and authority to enter into and fully perform all of the obligations hereunder and grant the rights granted hereunder, (c) he or she has secured all consents necessary to enter into this Agreement; (d) the Materials will be entirely and originally created by Entrant, (e) Entrant will own 100% of the copyrights and other intellectual property rights in all the Materials, (f) the Materials do not and will not violate any law, statute, ordinance or regulation; (g) the rights granted herein will not infringe on any rights or interests of any third party; (h) no additional consent from any parties regarding any elements contained in the Materials will be required for the Academy to exercise the rights granted to it herein; (i) the Materials are free and clear of any liens or claims with respect to the use of such Materials in the manner authorized herein and such use authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity or claims for payment of re-use fees, residuals or license fees; (j) all persons engaged by you to work on the Materials shall have no payment claims, rights of approval or consultation, or cause any other obligations resulting from the exploitation of the Materials; (k) the Materials are not and will not be defamatory, trade libelous, pornographic or obscene, and will be compliant with ABC Broadcast Standards and Practices and suitable for broadcast as worn; (l) Entrant has read and hereby agrees to the terms set forth in the Official Rules; (m) Entrant has not, within six months prior to the start date of the competition, been an employee of, nor an immediate family member of anyone employed by the Academy, ABC, Inc. or their affiliates. (n) They are currently enrolled college students.
- Entrant understands that “Oscar” and “Academy Awards” are registered trademarks, and the Oscar statuette a copyrighted property and registered trademark, of the Academy (collectively the “Academy Marks”). Entrant is not granted any rights with respect to the Academy Marks and agrees not to use any references to the Academy or the Academy Marks in any publicity, promotion, advertising or other commercial application, without Academy’s prior express written consent, to be granted or withheld at the Academy’s sole discretion.
- To the greatest extent permissible by law, Entrant agrees to release the Academy, its members, employees, agents, licensees and affiliates, and American Broadcasting Companies, Inc. (“ABC”), and their respective parent, subsidiary and affiliated entities and persons from any and all claims, suits, awards, demands, costs, fines, penalties, judgments, or expenses (including attorney’s fees) whatsoever, that Entrant may now or hereafter have, arising from or in connection with Entrant’s participation in the Competition or the Programs including, without limitation, the awarding or use or redemption of any prize, judging of the completion, interpretation of the Official Rules, and any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property right, or use of any of the rights granted by the Entrant.
- The Academy makes no guarantees or assurances that the Competition or the Academy Awards will not be canceled or postponed, in whole or in part, and the Academy shall not be liable to Entrant for any losses, costs, or expenses related thereto.
- The Academy may provide the Entrant with access to the Academy’s confidential information (the “Confidential Information”) for the sole purpose of Entrant’s participation in the Competition and the Programs. Entrant shall hold such Confidential Information in confidence (including, without limitation, the identity of the winner), and shall use such Confidential Information only for the purpose of participating in the Competition and the Programs, and shall not disclose or provide such Confidential Information to any third party, including but not limited to, any other business entity.
- This Agreement (including the Competition Official Rules) constitutes the entire understanding between the parties hereto as to the subject matter herein and merges all prior discussions between them relating thereto.
- No amendment or modification of this Agreement shall be valid or binding on the parties unless made in writing and signed on behalf of each of the parties by their respective duly authorized officer or representatives.
- The Academy shall be entitled to assign all or a portion of the rights and licenses granted herein. Entrant may not assign any rights or obligations hereunder. This Agreement is binding upon and shall inure to the benefit of the respective licensees, successors, and assigns of the parties hereto.
- This Agreement shall be governed by the laws of, and any dispute hereunder be brought before, the state and federal courts located in the State of California, County of Los Angeles.
The Oscar Experience College Search Official Rules
Overview: The Academy of Motion Picture Arts and Sciences (the “Academy”) will select
The Oscar Experience College Search will reward future moviemakers with the once-in-a-lifetime opportunity to appear on the live Oscars telecast and deliver Oscar statues to this year’s celebrity presenters during the show.
Entries: Entrants should submit a 30 second video answering the question “How will you contribute to the future of movies?” plus answer the two essays questions on the entry form. The entry must be comprised only of original elements created by the Entrant and may not contain elements which are or have been copyrighted, trademarked and/or patented by third parties or which are owned or subject to proprietary or licensing rights of or by an entity other than the entrant personally and in their individual capacity. All costs associated with the entry, including but not limited to the costs of materials for the Entry, shall be at each entrant’s sole cost and expense.
The Entries shall not contain, include or involve any of the following:
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Explicit sexual activity
- Illegal drug use
- Commercial products and/or their trademarks, brands, logos or endorsements
- Unauthorized trademarks and copyrighted material.
- Phone numbers or personal addresses (email or otherwise)
- Website or web page links
- Derogatory characterizations of any ethnic, racial, or religious groups, or humiliate other people (publicly or otherwise)
- Any illegal or inappropriate materials, behavior or conduct.
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Academy in its sole discretion
Any Entries that do not meet the requirements herein will not be accepted or will otherwise be disqualified. Academy reserves the right to disqualify any Entrant at any time and for any reason that Academy shall in good faith determine to be warranted including, without limitation, a violation of these rules or the agreement, conduct designed to disrupt or impede the fair operation of the contest, or for such other reason as Academy may determine sufficient in its sole discretion.
Entries submitted shall remain the property of the entrant, subject to use by the Academy, as it may deem necessary for the Competition. The Academy, its successors, licensees and assigns, shall have the right throughout the world in perpetuity in any media now known or hereinafter developed to use any and all materials created or submitted by the Entrants in connection with the Competition in any manner whatsoever. Neither the Academy nor its licensees shall be responsible or liable whatsoever if any Entries are lost, damaged or stolen, while in the Academy’s possession or otherwise.
Selection of Winner: The winner will be selected based on their passion for film and how clearly that is expressed via their video and entry form answers.
All Entrants must be available in Los Angeles, California on February 17-25, 2013, in order to participate in the events defined herein. If any winner is not available on the dates specified, then the Academy, in its sole discretion, may select an alternative winner. Competition Schedule is subject to change.
Winner Notification: The Winner will be notified by the Academy, as described above, on or about February 8. If any of the Entrants cannot be reached during the 24 hour period in which he or she is emailed the potential winner will be disqualified and an alternative winner will be selected, at the Academy’s sole discretion.
Prize: Winner will have the opportunity to appear on-stage as an Oscar Bearer on the 85th Annual Academy Awards telecast. The winner will receive roundtrip airfare to and from Los Angeles (excludes local residents within 100 miles of Los Angeles who will be provided gas reimbursement), hotel accommodations, a $250.00 meal and clothing allowance, and ground transportation to and from the airport. Approximate Retail Value (ARV) of the prize is $1550.00. Prize is not redeemable for cash or transferable.
Eligibility: Each entrant (“Entrant”) represents that he or she is 18 or older and a legal U.S. resident, a currently enrolled college student and is not and will not become a candidate for public office prior to February 27, 2013. Each Entrant further represents that he or she has not, within six months prior to the start date of the competition, been employed by Academy or ABC, and/or their respective parent, subsidiary, affiliated and successor companies, nor has any immediate family or household members of Entrant been so employed. Entrant understands and agrees that, if selected as the Grand Prize winning Entrant, he/she may be required to sign an Affidavit of Eligibility and Liability and (to the extent permitted by law) a Publicity Release (“Release”). Failure to sign the Release and/or any additional consents or authorizations necessary to preserve and effectuate the rights granted to Sponsor may result in disqualification and prize forfeiture. Entrant will be subject to passing a background security check in order to receive any prize. All eligibility determinations shall be made by Sponsor and shall be final and binding.
Release & Indemnity: By participating, each Entrant agrees to release, discharge and hold harmless the Academy and ABC, persons involved in the creation, development, administration, or production (including cast and crew) of the Programs or Competition, and each of their respective parent, subsidiary and affiliated companies, licensees, advertising and promotional agencies and their respective past and present officers, directors, employees, shareholders, agents and representatives (individually and collectively, the “Released Parties”) from and against any and all claims, actions or liabilities of any kind arising from or relating to participation in the Competition, the receipt, use or misuse of any prize, use or nonuse by Released Parties of any of the rights granted herein and in the Oscar Experience College Search Release and Agreement, and any other claim, action or liability of any kind, including but not limited to claims for defamation, violation of right of publicity, misrepresentation, infringement of trademark, copyright, patent or other intellectual property rights, property damage, invasion of privacy, infliction of emotional distress, personal injury or death. Entrant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses and liabilities (including reasonable attorneys fees) arising out of or relating to Entrant’s submission of an Entry; Entrant’s participation in the Competition; Entrant’s acts or omissions in connection with the Competition; Entrant’s acceptance or use/misuse of any prize; Released Parties’ exercise of any of the rights granted by Entrant (including, without limitation, the broadcast, exploitation or other use of the Entry, and any intellectual property or proprietary rights associated therewith); and/or Entrant’s breach of any of his/her representations and undertakings.
Released Parties are not responsible for failed, partial or garbled computer transmissions or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. Without limiting the foregoing, no responsibility is assumed by Released Parties for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, loss, theft or destruction or unauthorized access which may impact the collection or recording of votes. If for any reason the Competition is not capable of running as originally planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Competition, and/or to terminate, modify or suspend the Competition. In such event, Sponsor reserves the right to take whatever action (if any) Sponsor determines to be appropriate consistent with the fairness and integrity of the Competition, as determined by Sponsor in its sole discretion. Void where prohibited.
Academy of Motion Picture Arts and Sciences
8949 Wilshire Boulevard
Beverly Hills, California 90211
DECISIONS OF THE SPONSOR SHALL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THIS COMPETITION.