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Terms & Conditions
I am hereby submitting the above-listed screenplay (the "Script") to the Screenplay Shootout (the "Contest"). If this Script is written by more than one person, I understand that the reference "I" herein shall apply to and be binding upon each party, jointly and severally.
I recognize that the Contest, its officers, employees, representatives, sponsors, judges and affiliates, have wide access to ideas, materials, stories, themes, plots, suggestions and scripts, many of which are similar to each other and which may be similar to my Script. I understand that new ideas are constantly being submitted to the Contest, and I further recognize that you may now or in the future have other projects in development which are similar to my Script in theme, ideas, story, plot, title, format, or other respects, and that such projects may originate with and/or be acquired from other sources, including without limitation your own officers and employees, either before or after the date of my submission.
I appreciate and understand the concern that reviewing my Script without this signed release of liability (the “Release”) might expose the Contest to a claim of plagiarism, idea theft, or claimed existence of an implied-in-fact contract or other claim or litigation. I also understand that, in light of this concern, the Contest would refuse to review my Script in the absence of this Release, and that this Release limits the types of claims which I can assert against the Contest with regards to the Script.
Therefore, as an inducement to evaluate my Script, and consideration thereof, I hereby acknowledge and agree to the following Terms and Conditions:
1) I represent and warrant that I am at least 18 years of age, that I am the author of the Script and the sole and exclusive owner of all rights thereto, and that I have the full and exclusive rights to submit the Script to the Contest. I hereby affirm that I have read, understood and complied with all the official Rules & Guidelines of the Contest, and I hereby request that you read, evaluate and judge my Script.
2) I warrant that the Script is not currently under option and has not been purchased by any third party, that there are no disputes regarding ownership of the Script, and that no rights or permissions are required from any third parties. I further warrant that the Script does not invade or defame the rights of any person, living or dead.
3) I acknowledge that the enclosed Script was created and written by me without any suggestion or request from the Contest, and that my submission of the Script is completely voluntary and was not solicited by the Contest. No fiduciary or confidential relationship exists between us, nor is there one intended or created by reason of this Release and/or my submission of the Script. I also acknowledge and agree that there is no agreement between the Contest and me, express or implied, relating in any way whatsoever to the use of or failure to use the Script; that no agreement or obligation of any kind may be assumed or implied by reason of my submission of the Script or by reason of any communication that we may have; that I am not entitled to any compensation for review or evaluation of the Script; and that the Contest has no obligation to me of any kind whatsoever except as specifically set forth herein.
4) I hereby indemnify and hold harmless the Contest, its officers, employees, representatives, readers, judges, sponsors, and affiliates, individually and collectively, from and against any and all claims, demands, costs, damages, judgments, expenses (including attorney's fees), losses or liabilities arising out of or in connection with any and all claims of third parties, whether or not groundless, based on the Script or any other materials submitted by me to the Contest.
5) I hereby agree that I will never assert against the Contest any claim or action based on plagiarism, infringement, confidential or fiduciary relationship, implied contract, idea theft, unfair Contest or any other theory arising in connection with the Script, and I understand that the Contest accepts no liability whatsoever for the unauthorized use of all or part of my Script by any person. In this regard, I hereby absolutely release and forever discharge the Contest of and from any and all claims, liabilities, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind whatsoever, now and in the future, in connection with this submission.
6) I understand the Contest accepts no liability for the loss or non-receipt of my Script. I further understand that the Contest will not and is not obligated to return my Script or any other materials I have submitted. I affirm that I have retained at least two copies of my screenplay, and I hereby release the Contest of and from any and all liability for loss of, or damage to, the copy of the Script submitted hereunder.
7) I agree to abide by the decisions of the judges with regards to all matters relating to the Contest, including those decisions involving their sole discretion. I understand that the judges are not obligated to provide any feedback to me regarding my submission.
8) I understand that the Contest’s entry fees are non-refundable.
9) I understand that any failure to adhere to the Contest’s Rules, Guidelines, Terms and Conditions may result in disqualification, and that entry in the Contest is void where prohibited by law.
10) In the event that I am named a finalist or winner, I hereby grant the Contest the nonexclusive right to use my name, photograph, and likeness in connection with any and all publicity and promotional activities relating to the Contest.
11) I hereby agree that any dispute between us shall be submitted to arbitration in the County of Salt Lake, State of Utah, in accordance with the rules and regulations of the American Arbitration Association then in effect. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and shall be final and binding. If I am unsuccessful in such arbitration, I agree to pay all costs and expenses, including without limitation any and all attorney and expert fees, which may be incurred by you in connection therewith. I understand that this Agreement shall be governed by the laws of the State of Utah and federal laws applicable to agreements made and performed entirely in Utah.
12) I hereby agree that this Release contains the entire agreement between the Contest and me, and may not be modified or amended unless by a written document signed by each of us. Should any provision(s) of this Release for any reason be declared invalid, void or unenforceable, I agree that such provision(s) or part(s) thereof shall be deemed omitted, and the rest of the agreement shall remain in full force and effect.
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