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TERMS & CONDITIONS

Each auditioner must review in its entirety an electronic copy of these
Terms and Conditions. By submitting an Audition, you hereby agree
to these Terms and Conditions.  


DESCRIPTION

FAMILY FEUD® (“Series”) is produced by Wanderlust Productions (“Producer”).  We’re looking for a few good families! 

For the first time ever, Producer is using Facebook to find families to participate in the Series.  Gather a group of five (5) family members that are related by blood, marriage, or legal adoption (“Family”). Record and submit your video on the official Series Facebook page at http://www.facebook.com/FamilyFeud  (“Series FB Page”) in the “Audition Now” tab. Simply introduce your Family, tell a great story about your Family, and keep it under 90 seconds. Producers may elect future Series contestants from eligible videos uploaded to the Series FB Page (collectively, “Audition Program”).

To participate in the Audition Program, you must be eligible to participate in FAMILY FEUD® as a contestant, and meet all eligibility/submission requirements set out herein.  Your online Audition must also meet the Video Audition Requirements (as set forth below) or your video may be discarded. There is no guarantee all online Audition will be viewed by the Producers.

AUDITION PROCESS

Eligibility Requirements

To be eligible to be selected to participate in the Audition Program you must meet the following eligibility requirements:

You must be a US citizen or have permission to work within the United States.  If anyone on the team knows or is related to anyone employed by FremantleMedia North America, Inc., Debmar-Mercury, Wanderlust Productions, or any affiliate that carries the Series, that individual is ineligible. If anyone on the team is running for political office or has been on more than two (2) game shows in the last year, they are also ineligible.  If you or anyone on your team has appeared on the Series before, it must be 10 years since the prior appearance to be eligible to play again.

EVERY MEMBER OF THE TEAM MUST BE RELATED BY ONE OF THE FOLLOWING:

**Blood          
**Legally Recognized Marriage           
**Legal Adoption
**NO Fiancés or Boyfriends/Girlfriends

All members of your family should be at least sixteen (16) years of age. 

Neither you nor any of your immediate family members (spouse, ex-spouse, parents, siblings, children, step-children) or members of your household (whether or not related to you) are current employees, directors, officers, independent contractors, agents, or representatives of any of the following entities: FremantleMedia North America, Inc., Wanderlust Productions or their respective parents, subsidiaries or affiliated companies, or any of their respective licensees, successors or assigns; any television station or channel, cable network, or satellite network that may air or otherwise exhibit the Series or any variation thereof; any person or entity involved in the development, production, distribution, or other exploitation of the Series or any variation thereof; any sponsor of the Series or its or their advertising agency; or any person or entity supplying services or prizes to the Audition Program.  In addition, to the best of your knowledge, you do not know anyone who is now, or has been in the past two (2) years an employee or independent contractor of any of the entities described in this paragraph.  Producer reserves the right to remove from the Audition Program any person (including you) it determines, in its sole discretion, is sufficiently connected with the Audition Program or any of the entities described in this paragraph such that such person’s participation in the Audition Program could create the appearance of impropriety.

The eligibility of an Audition is expressly conditioned upon your ability to obtain all the necessary rights to use and fully exploit that Audition in connection with the Audition Program, the Series website, and any and all other uses as Producer may require.

The eligibility of an Audition is expressly conditioned upon the ability of the Producer to obtain all the necessary rights to use and fully exploit that Audition in connection with the Audition Program, the Series FB Page and the Series.    

AUDITION PERIOD

15, November 2011 to 9, January 2012

VIDEO AUDITION PROCESS

Requirements: You may submit up to ten (10) Auditions via each Facebook user account.  Your Audition must comply with the following:

1)     All five (5) Family members must be featured in some way in your Audition Video, and should be individually introduced.  As set forth above, all individuals auditioning must meet the eligibility requirements, and belong to the same Family who are related to the team captain by blood, marriage or legal adoption, including ex in-laws;

2)     an explanation as to why you should be selected to participate as a contestant on the Series;

3)     all technical requirements set out below.

Any Audition that, in the Review Committee’s discretion, violates any of the below criteria may be discarded. 

You must visit the Series FB Page during the Audition Period.  You must be a Facebook member to participate in the Audition Program.  Facebook membership is free.  For complete details on how to become a Facebook member, visit www.facebook.com. 

To participate in the Audition Program, you must like the Series FB Page.  Then follow the upload prompts.

Your Audition will not be complete until you have followed the onscreen prompts to upload and attach the Audition according to the on-screen instructions.

The Audition Video: The video must follow the following guidelines:

·       You must introduce all five (5) individuals who will be part of your “Family” team and all five (5) Family members must be visible and featured in your Audition Video.

·       Videos must be recently created (i.e., within one (1) year from the start of the Audition Period).

·       Videos must be shot in a non-descript location or with a plain backdrop

·       Videos must NOT include 3rd parties/people

·       Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent, (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing

·       Video must NOT include mention or performance of any copyrighted media production including but not limited to music (except the songs provided), films, books, television  program, etc., or identifying descriptions of any media property

·       Videos must NOT contain derogatory references to the Series, FremantleMedia North America, Inc., Series broadcasters, network talent or sponsors.

·       Videos must NOT include 3rd party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture.  This includes clothing, background, accessories, etc.

VIDEOS THAT FAIL TO CONFORM TO THESE GENERAL CONTENT RESTRICTIONS WILL BE DISQUALIFIED AT PRODUCER’S SOLE DISCRETION.

The Video must meet the following technical specifications:

·        Maximum duration: 90 seconds

HOW TO SUBMIT

Visit Series FB Page at any point during the Audition Period and following the instructions.  You will be asked to set up a user account and profile in connection with the Audition process.   Setting up a user account and profile is free.   Auditions must be received by the close of the Audition Period. Auditions uploaded after the close of the Audition Period shall not be considered.  Your Audition will not be complete until you have followed the onscreen prompts to record your Audition, made your Audition publicly available, and accepted the Terms and Conditions of Audition.

Any personal information supplied by you in connection with this Audition Program (as defined below) will be subject to the Series privacy policy posted at http://www.familyfeud.com/, which may be amended from time to time. By participating in this Audition Program, you grant PRODUCER permission to share your email address and any other personally identifiable information with the other Audition Program Entities (as defined below) for the purpose of fulfilling the Audition process for the Audition Program. Additionally, by opting-in to specific offers from any of the Program Entities, your entry information will be subject to their respective privacy policies and terms of service and you agree to receive additional email communication from those companies.

By submitting the Audition, you represent and warrant that you are the sole copyright owner of the Audition, and that you have the authority to grant the permission and rights granted herein, and that no other permission is required to grant such rights, and you hereby irrevocably grant Producer, and its assignees the right, but not the obligation, to use the Audition, your name, voice, likeness, and biographical information, and address (i.e., city and state) (collectively “Attributes”), and any statements made by or attributed to you, for advertising and promotional purposes in any and all media, now known or hereafter devised (including, without limitation, by telecast on the Series), without notice, review, or approval, in perpetuity and throughout the universe without further compensation, and you hereby release FremantleMedia North America, Inc., Wanderlust Productions or their respective parents, subsidiaries or affiliated companies, or any of their respective licensees, successors or assigns; any television station or channel, cable network, or satellite network that may air or otherwise exhibit the Series or any variation thereof; any person or entity involved in the development, production, distribution, or other exploitation of the Series or any variation thereof; any sponsor of the Series or its or their advertising agency; or any person or entity supplying services or prizes to the Audition Program (“Program Entities”) from all claims arising out of any such use.

The Program Entities shall not be responsible for incorrect or inaccurate Audition information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Audition Program or by any technical or human error or any other intentional, casual, or inadvertent misconduct, which may occur in the processing of the Audition. The Program Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of responses.  The use of any device to automate the Audition process is prohibited

Program Entities reserve the right to allow for minor fluctuations between your timing device and the actual runtime of the Audition on the Audition Program Website, based on clear intent to comply with these Terms, as determined in the Program Entities’ sole discretion. Program Entities reserve the right to determine in their sole discretion which Auditions have satisfied the entry requirements. ELIGIBLE PARTICIPANTS MUST SUBMIT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. NO OTHER METHOD OF AUDITION WILL BE ACCEPTED.

AUDITION SELECTION PROCESS

Online Auditions of eligible participants submitted for consideration in this call for Auditions (“Audition Program”) will be reviewed by individuals selected by Producer representatives (“Review Committee”).  The Review Committee shall have no obligation to review all Auditions that may be submitted through the Audition Program. 

All decisions relating to Auditions selected to be featured on air within the Series shall be at the Review Committee’s sole and absolute discretion.  “Likes” or comments posted in relation to a particular Audition may be taken into account when the Review Committee is evaluating an Audition.  For the avoidance of doubt, Producer shall have no obligation to select any Auditions for use within the Series, and shall have no obligation to use any Auditions in any way whatsoever.  Further, Producer reserves the right to modify the Audition Program in any way at any point, or cancel it in whole or in part.

Producers encourage you to post your Audition Video to your Facebook page, but you are not required to do so to participate in the Audition Program.  Other Facebook users who are your “friends” may like and/or comment on your Audition Video.  Your friends may also give your Audition Video points.

“Likes”, points and/or comments will not factor into Producer’s review and selection process.

LICENSE

You shall retain all ownership rights in your Audition.  However, by submitting the Audition, you hereby grant to the Program Entities in perpetuity, a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, aggregate/”mash up” with other video Auditions and otherwise exploit and perform all or any portion of the Audition for any purpose whatsoever, including, without limitation, in connection with (i) the Series, 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 Series (and derivative works thereof), and (ii) the Series website at thexfactorusa.com and its mobile application, Producer and/or broadcasters’ network of Internet websites, wireless 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 broadcaster may distribute content to end users, whether now existing or hereafter developed (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 you. For the avoidance of doubt, without limiting the generality of the rights granted to the Program Entities, these rights include, without limitation, the absolute right to edit and/or alter any Audition distribute and synchronize all or any portion of your Audition 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 your Audition; to encrypt, encode and decode, and compress and decompress all or any portion of your Audition; 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 your Audition; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Audition; and to excerpt and/or extract portions of your Audition in order to host, store, index, categorize and display your Audition on or through the Platforms. The Program Entities reserve the right to use (or not use) your Audition at all and/or as little of the Audition as they so choose.
 

REPRESENTATIONS & WARRANTIES/INDEMNIFICATION    

Each person who submits a Audition represents and warrants to the Program Entities as follows: (i) the Audition is the participant’s own original, previously unpublished, and previously unproduced work; (ii) the Audition is wholly original with participant and as of the date of Audition, is not the subject of any actual or threatened litigation or claim; (iii) the Audition neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Audition does not and will not violate any applicable laws, and meets the Audition Requirements as set forth above.  Each Audition must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, background music, depictions of actors and the like. Further, participants will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required from all location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Audition 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 a participant cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the applicable Audition, or seek to secure the releases and clearances for Producer’s benefit, or allow the applicable Audition to be utilized.  Additionally, participant represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in Producer’s, Series, and/or broadcasters’ trademarks, trade names, logos or other intellectual property. Program Entities specifically reserve all their rights to protect their intellectual property against any infringement or other illegal or improper use.  Each participant hereby agrees to indemnify and hold the Program Entities harmless 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 participant hereunder.
    

CONDITIONS OF PARTICIPATION

This Audition Program is subject to all applicable federal, state, and local laws.  Each participant hereby: (a) agrees that Program Entities shall have no liability whatsoever for, and shall be held harmless by participants 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 Audition Program or any related activity; (b) releases Program Entities 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 Audition Program and from injuries or damages arising in connection with or relating to participation in this Audition Program; and (c) waives any right to claim ambiguity in this Audition Program or these Terms and Conditions. Producer reserves the right to modify these Terms and Conditions and/or to remove suspect Auditions and/or cancel, terminate or suspend any portion of this Audition Program at any time and for any reason (or no reason at all) in their sole and absolute discretion.    Producer reserves the right to disqualify and/or exclude, in our 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 Audition Program rules, violation of any of these Terms and Conditions, or tampering with the entry process or the Audition process. We also reserve the right to change the Audition Program rules and procedures at any time. 
   

NATURE OF RELATIONSHIP
& WAIVER OF EQUITABLE RELIEF

Each participant who submits an Audition understands and acknowledges that the Program Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each participant also acknowledges that many ideas may be competitive with, similar or identical to the Audition and/or each other in theme, idea, format or other respects.  Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of any Program Entities use of any such similar or identical material.  Each participant acknowledges and agrees that the Program 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.  Finally, each participant acknowledges that, with respect to any claim by participant relating to or arising out of a Program Entities actual or alleged exploitation or use of any Audition or other material submitted in connection with the Audition Program the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition or any other production based on or allegedly based on the Audition, and the participant’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.

IMPORTANT:  PLEASE READ GENERAL RELEASE & LIMITATIONS ON LIABILITY

By participating in this Audition Program, participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Audition Program, 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 Audition Program, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any participant be permitted to obtain any award for, and participant 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.  Each participant acknowledges and agrees that the Program 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 entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Program Entities or otherwise, that may limit an participant’s ability to participate in this Audition Program; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Audition Program 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 Audition Program (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) the participant’s claim that he or she has somehow been defamed or portrayed in a false light. The Program Entities assume no responsibility for any damage to an participant’s computer system, which is occasioned by accessing the Website, or participating in this Audition Program, or for any computer system, phone line, hardware, software or Audition 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 Requirements, finds to be tampering with the Audition process or operation of the Audition Program or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person.  If, for any reason, this Audition Program is not capable of running 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, corrupt or affect the administration, security, integrity or proper conduct of this Audition Program, Producer reserve the right, at their sole discretion, to close the Audition acceptance period at any time, cancel, terminate, modify or suspend this Audition Program or as otherwise deemed fair and equitable by Producer. 
   

FACEBOOK RELEASE

By participating in the Audition Program, you hereby release Facebook.com from: (1) any and all disputes, claims, and causes of action arising out of or connected with the Audition Program; (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 Audition Program, but in no event will attorneys’ fees be awarded or recoverable.  The Audition Program is in no way sponsored, endorsed or administered by, or associated with, Facebook.  As a participant, you will be providing information to Producer, and not to Facebook.  
  

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 AUDITION PROGRAM OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CALL FOR 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 OF 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 PROGRAM 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 YOUR PARTICIPATION IN THE AUDITION PROGRAM. 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 YOU.  CHECK YOUR 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 AUDITION PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

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