January 23, 2009 3:37 PM
SUBMISSION RULES AND GUIDELINES
Thanks for your interest in submitting your original films, photos, audiovisual and/or text-based materials to the Maury website. This is an agreement between you and Universal TV Talk Productions, NBC Universal, Inc., and its subsidiaries, affiliates, licensees, successors and assigns ("NBCU") that provides the terms and conditions regarding any submission to the Program.
PLEASE REVIEW THESE TERMS CAREFULLY. SENDING A SUBMISSION
CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT SEND A SUBMISSION.
ANY SUBMISSION BY YOU MUST BE ENTIRELY ORIGINAL. SUBMISSIONS
WILL NOT BE RETURNED.
1. RULES: Submissions include any materials you send to NBCU via the website www.mauryshow.com, including films, digital files, videotapes, audiovisual materials, photos, text-based submissions as well as the ideas and concepts in those materials ("Submissions"). You must be a resident of the
2. RIGHTS IN SUBMISSION: By sending the Submission, you hereby grant to NBCU the non-exclusive, royalty-free right to use, reproduce, edit (for time, for broadcast standards or editorial purposes, in NBCU's sole discretion), transmit, broadcast, display and perform the Submission on NBCU. Other NBCU entities and sites may also utilize the submission on their sites during this period. You acknowledge you will receive no payment for the exercise of these rights and that NBCU has the right, but not the obligation to give you credit, in a form to be determined in NBCU's sole discretion. You also acknowledge that NBCU may use the Submission for promotional and marketing activities related to NBCU in all media, including but not limited to use of the Submission or portions of the Submission on www.mauryshow.com in connection with the promotion of the Program. You agree that you have received good and valuable consideration for the Submission (the receipt and sufficiency of which is hereby acknowledged), including, but not limited to NBCU's consideration of the submissions and the possible broadcast or distribution and exhibition of the Submissions by NBCU and publicity regarding you or the Submissions. You also grant to NBCU a perpetual, non-revocable right (but not an obligation) to use your name, voice, portrayal,
performance, actions, likeness and biographical material in the Submission, in advertisements and promotions for the Submission, for the uses made of the Submission by NBCU, for the Program and in related marketing and promotional activities in all media now known or hereafter devised.
3. YOUR OBLIGATIONS REGARDING THE SUBMISSION: You represent and warrant the following are true regarding the Submission AND you agree to
cooperate in good faith to obtain any releases, consents or other documentation in
connection with the Submission as requested by NBCU in order to confirm the
warranties and representations contained herein.
Original: The entire Submission is an entirely original work by you and
that you have not copied or imitated any other copyrighted works of any kind (such as
movies or television programs) or copied and used works in your Submission without
permission (such as dialogue from plays, recordings of musical works or clips from
movies or television).
Authorship: You are the sole author of this Submission, or, if the work has more than
one author, the other authors have signed "work for hire" or assignment agreements
transferring the rights to you, or have expressly agreed to be bound by this Agreement,
and upon NBCU's request, will sign a hard copy of this Agreement with NBCU.
No Infringement: The Submission will not infringe or violate any rights of
any third party or entity, including, without limitation, copyright and trademark,
defamation, privacy and publicity, false light, idea misappropriation or any contractual
No Claims: The Submission is not the subject of any threatened or
pending litigation, claim or dispute. You have not granted or transferred any rights in or
to the Submission to any third party, or done anything to impair the rights granted to
NBCU and NBCU in any way.
People In Submission: All persons who were engaged by you to work on the Submission or appear in the Submission: (1) have no claims for payment of any kind,
including royalties and residuals; (2) have no approval or consultation rights or any rights
of participation; and (3) were not engaged by you or anyone associated with the
Submission under any union or guild agreement that results in any ongoing obligations
resulting from the exploitation of the Submission. All parties that appeared in or
performed any services on or for the Submission have consented to appear in the Submission, and have either signed or will sign the Release provided by NBCU or another form that establishes the services as a "work-for-hire" or obtains all
necessary rights to permit NBCU to use the Submission as set forth in these
Terms and Conditions, or have otherwise given you their express consent to submit the
Submission for the uses outlined in this Agreement.
Music and Locations: The use of all master recordings and musical compositions in the Submission are authorized in writing by the people or entities that own or control such master recordings and musical compositions, and NBCU shall have no obligation to make any payments to such owners or to any other entity in connection with the reproduction, distribution or performance of the Submission. You have obtained
signed location agreements when filming on private property not owned or controlled by
Indemnification: You agree to indemnify and hold harmless NBCU and all related companies, parents, subsidiaries, successors, licensees and assigns,
and their officers, directors, officers, agents, equity holders and employees), from and
against any and all claims, losses, costs, damages, liabilities and costs and expenses
which arise out of any breach of these provisions or any of the provisions of this agreement.
4. WAIVER OF CLAIMS: You recognize that that other persons, including employees of NBCU and of the various companies and divisions that make up NBCU may have submitted to NBCU, or others, or made public, or may in the future originate and submit, or make public, similar or identical material that NBCU may have the right to use, and you understand that you will not be entitled to any compensation because of the creation of use by NBCU of other similar or identical material.
YOU UNDERSTAND AND AGREE THAT THE USE OF MATERIAL OR CREATION AND PRODUCTION OF MOTION PICTURES, TELEVISION PROGRAMS OR OTHER WORKS CONTAINING FEATURES OR ELEMENTS SIMILAR OR IDENTICAL TO THOSE IN THE SUBMISSIONS WILL NOT ENTITLE YOU TO ANY COMPENSATION OR REQUIRE NBCU OR NBCU TO NEGOTIATE WITH YOU IF NBCU OR NBCU DETERMINES THAT IT HAS AN INDEPENDENT LEGAL RIGHT TO USE THAT OTHER MATERIAL.
That independent legal right may include that the features or elements of your Submission are not new or novel, were not originated by you, or were or hereafter may be independently created and submitted by other persons, including NBCU and NBCU employees. You acknowledge that you are submitting your Submissions voluntarily, and not in confidence, that the Submission and any related ideas do not contain confidential information, and that no confidential relationship is intended or created between you and NBCU by the submission of the Submitted Material. NBCU may use any part of the Submission that any member of the public freely could use without liability to you.
YOU AGREE, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS,
EXECUTORS, AGENTS, SUCCESSORS AND ASSIGNS, TO RELEASE, HOLD
HARMLESS, AND FOREVER DISCHARGE NBCU, ITS OFFICERS, DIRECTORS,
AGENTS, REPRESENTATIVES AND EMPLOYEES AND ITS PARENT,
SUBSIDIARY AND AFFILIATED COMPANIES, AND THEIR OFFICERS,
DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES (THE
"RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES,
LOSSES, LIABILITIES, COSTS, EXPENSES, INJURIES OR CAUSES OF ACTION
WHATSOEVER THAT IN ANY WAY ARE CAUSED BY, ARISE OUT OF OR
RESULT FROM THIS AGREEMENT, YOUR APPEARANCE IN
ADVERTISEMENTS OR PROMOTIONS, OR THE REPRODUCTION,
DISTRIBUTION, TRANSMISSION, BROADCAST AND PERFORMANCE OF THE
SUBMISSION, OR POSTING OF THE SUBMISSION ON ANY
LEGAL THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, A
CLAIM FOR IDEA MISAPPROPRIATION.
You acknowledge that there is a possibility that subsequent to the execution of this Agreement, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by you at that time may have materially affected your decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement, and the release contained in the preceding paragraphs, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.
5. AGREEMENTS REGARDING CLAIMS. You agree that you must provide written notice by certified or registered mail to the NBC Universal Law Department at the address listed below, of any claim arising in connection with the Submission or in connection with these Terms and Conditions, attention: IP Counsel. You further agree to
provide notice within 10 calendar days after acquiring knowledge of the claim.
Notwithstanding the foregoing, you must commence a formal arbitration proceeding
pursuant to Paragraph 5 below within six months after the date of any such claim; failure
to do so within that six-month period shall be deemed an irrevocable waiver of any rights
you might have with respect to any claim against you. You agree to submit any claim or
controversy arising under this Agreement to arbitration in the State of
such claims or controversies will be conclusively determined by arbitration as provided
judge experienced in entertainment law mutually selected by the parties; if we cannot
agree on an arbitrator, we will accept any lawyer or former judge designated by JAMS
who will agree to arbitrate the controversy in accordance with the JAMS Streamlined
Arbitration Rules and Procedures or subsequent versions thereof. The construction,
validity, interpretation and enforceability of the Submission Terms will be governed by
and construed in accordance with the internal laws of the State of
giving effect to any choice of law or conflict of law rules. All arbitration proceedings,
including documents filed in the course of such proceedings, and the fact that the
arbitration is being conducted, shall be confidential. The arbitrator's decision shall be
controlled by the terms of this Agreement. Judgment upon the award may be
entered in any court having jurisdiction. You may commence an action at law for the
sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, you
acknowledge that NBCU may nonetheless (1) seek to obtain injunctive or
other equitable relief from a court to enforce the provisions of these Terms and
Conditions, in particular NBCU's exercise of the Option and (2) bring an action to
enforce the decision of the arbitrator before any court with jurisdiction.
6. OTHER MATTERS: This Agreement constitutes our entire understanding with
respect to its subject matter. Any modification or waiver must be in writing, signed by
both of us. These Submission Terms and their performance will be binding on you and
your heirs, administrators, administrators, successors and assigns. The invalidity of any
provision will not affect the remaining provisions. If any portion of this Agreement is
found to be invalid, illegal or unenforceable, for any reason, that portion shall be severed
from the rest and shall in no event affect any other portion of the agreement, including
without limitation, the ability to resolve all controversies and claims through arbitration.
You may not assign your rights under this Agreement except as approved by NBCU and
any unauthorized, purported assignment will be null and void. NBCU and its
successors and assigns, will have the unlimited right to assign these Terms and
Conditions and the rights granted at any time, in whole or in part, to any party. You will
execute any documents (after being afforded a reasonable opportunity to review and/or
confirm the same) and do any other acts as maybe reasonably required by NBCU to bear reasonable expenses related to your execution of such documentation, provided NBCU are notified ahead of time and agree to such expenses, to further evidence or effectuate NBCU's rights as set forth in these Submission Terms. You appoint NBCU as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). NBCU will promptly furnish to you a copy of all such documents that NBCU executes on your behalf.
7. NOTICES: All notices requested or required under this Agreement to you may be
sent by email, federal express, certified mail, return receipt requested or personal delivery
as set forth in this paragraph to the most recent email address or physical mailing address
that NBCU has on file provided by you your the applicable address indicated
below and the date of such mailing, delivery, or telegraph shall be deemed the date of
8. UNDERSTANDING OF TERMS: You acknowledge and agree that you have read
this Agreement and understand the rights that you are granting and the representations
and warranties you have made in this Agreement.