Official Rules and Guidelines For Submission of Green Tips
Thank you for your interest in submitting "Tips for Green Living" ("a "Green Tips") in connection with the MSNBC's") "Green Week" call for submissions (the "Call For Submissions"). During the Submission Period (set forth below) viewers are invited to text GREEN followed by their best Green Tip to the 622639 shortcode (each, a "Submission"). Submissions that meet the standards in these rules (the "Official Rules") received within the Submission Period stated below may be selected and aired on MSNBC and each of its respective parents, subsidiaries and affiliates and associated or affiliated companies, successors and assigns, in their sole discretion (hereinafter "MSNBC").
MSNBC may elect, in its sole discretion, to air the best Green Tip as well as any other Green Tips received. MSNBC has the right to reject and not air any Submission that contains obscene, unlawful, offensive, defamatory, derogatory or otherwise offensive language. Prior to submitting, MSNBC requires that each participant acknowledge that he/she may be required to appear (audio and/or video) on MSNBC and/or submit a photo which may appear on MSNBC along with the selected Green Tip Submission ("Selected Submission") on November 20, 2009 or on such other date as determined by MSNBC in its sole discretion. All such decisions are solely within MSNBC's discretion.
The decision to exploit any Submission on television or elsewhere is solely within MSNBC's discretion, and MSNBC has no obligation to make any use of any Submission. In the event that MSNBC does not receive qualified Submissions, MSNBC reserves the right to reject any and all Submissions, which may result in no Selected Submission. By providing a Submission, you are granting MSNBC, its licensees, successors and assigns a worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display your Submission (in whole or in part) on MSNBC and elsewhere, in any form, in any and all media, now known or hereafter devised, throughout the world, in perpetuity. MSNBC may, in its sole discretion, post your first name, last initial, city and/or state, in connection with your Submission but you will otherwise receive no credit for your Submission. By submitting a Green Tip via text, you hereby consent to the use of your name, and domicile for purposes of advertising, promotion, publicity and for any other purpose, in any and all media, now known or hereafter devised, worldwide, in perpetuity, without additional compensation. MSNBC will not acknowledge receipt of your Submission. 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, MSNBC's consideration of the Submission for televising your Green Tip and any other publicity regarding the Submission.
You represent that your Submission(s) are original, truthful, unpublished, created solely by you, do not infringe upon any rights of any third party, including but not limited to copyright, trademark, and rights of privacy and publicity, and do not contain inappropriate or offensive comments, libelous, tortious, or otherwise unlawful information, or violate any federal or state statute or regulation. You understand, acknowledge and agree that all Submissions are the sole responsibility of the person from which such Submission(s) originated. MSNBC and each of its respective parents, subsidiaries and affiliates and each of their respective officers, directors and employees, and associated or affiliated companies, successors and assigns are not responsible for the consequences of Submissions, and you, the user, are entirely responsible for the consequences of all Submissions that you text in connection with the Call For Submissions. Submissions do not reflect the views of MSNBC, and MSNBC shall not be liable for any Submission, including any that are in violation of these Official Rules.
MSNBC may reject a Submission for any reason in its sole discretion. Submissions that are incomplete, garbled, unintelligible or corrupted are void and will not be accepted.
You recognize that other persons, including participants, judges, guest judges, mentors, and hosts of any MSNBC series, employees of MSNBC and of the various companies and divisions that make up NBC Universal, Inc., and employees of the production companies of any MSNBC series, may have submitted to MSNBC, NBC Universal, Inc., the productions companies of any MSNBC series, and/or their respective subsidiaries, affiliates, licensees, successors and assigns, or others, or made public, or may in the future originate and submit, or make public, similar or identical material, and you understand that you will not be entitled to any compensation because of the creation or use of other similar or identical material. YOU UNDERSTAND AND AGREE THAT THE USE OF GREEN TIPS OR CREATION AND PRODUCTION OF BOOKS, CALENDARS, MOTION PICTURES, TELEVISION PROGRAMS OR OTHER WORKS CONTAINING FEATURES OR ELEMENTS SIMILAR OR IDENTICAL TO THOSE IN THE SUBMISSION WILL NOT ENTITLE YOU TO ANY COMPENSATION OR REQUIRE MSNBC TO NEGOTIATE WITH YOU IF MSNBC DETERMINES THAT IT HAS AN INDEPENDENT LEGAL RIGHT TO USE THOSE GREEN TIPS.
SUBMISSION PERIOD: Submissions of Green Tips may be submitted on Monday, November 16, 2009 beginning at 9:00 a.m. ET and continuing through November 18, 2009at 5:00 p.m. ET. There are no limitations on the number of Submissions each user may submit. All times referenced herein refer to Eastern Time.
GREEN TIP SELECTION AND NOTIFICATION: On or about November 19, 2009, one (1) potential Green Tip will be selected as the Selected Submission by MSNBC representatives from all eligible Submissions received during the Submission Period. MSNBC will make two (2) attempts to notify the contributor of the Selected Submission ("Contributor") at the phone number used to submit the Green Tip at the time of submission. Contributor may be required to execute and return a Release of Liability, and, except where prohibited, Publicity Release (collectively, "Submission Documents") within one (1) day of such notification or within such other time period designated by MSNBC, in order to have the chance to appear on one of MSNBC's television shows (each, a "Show") or have his/her photo aired on one of the Shows ("Photo"). Noncompliance within the designated time period will result in elimination, and an alternate potential Selected Submission may be selected from the remaining eligible Submissions at MSNBC's sole discretion. If a Contributor cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, such Contributor's Selected Submission will be eliminated, and time permitting, at MSNBC's sole discretion, an alternate potential Selected Submission may be selected from the remaining eligible Submissions. Each potential Contributor must also indicate his/her willingness and ability to participate in (a) an appearance on a Show on November 20, 2009 or during such other time as designated by MSNBC in its sole discretion; (b) an on-air voice recording or live voice-over with a Photo of Contributor on November 20, 2009 or during such other time as designated by MSNBC in its sole discretion; or (c) if a Contributor cannot, or is not willing to participate in the above, such potential Contributor may elect to simply have his/her Selected Submission aired with his/her name and city mentioned. Contributor will have the option to choose one of the above three methods of participation. If Contributor does not cooperate or comply with these Official Rules, MSNBC has sole discretion to select an alternate potential Selected Submission from the remaining eligible Submissions.
Appearance on a Show:
The potential Selected Submission shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Potential Contributor must agree to appear (recorded or live) on a Show and must make himself/herself available to be at a local or affiliate station as designated by MSNBC in its sole discretion (MSNBC will not be responsible for transportation to/from a local studio or affiliate station), on November 20, 2009, or on such other dates as designated by MSNBC in its sole discretion. As a condition of participation, the potential Contributor may be required to execute and return additional documents, which, among other things, will permit MSNBC to record and/or broadcast his/her participation in a Show; however, MSNBC is under no obligation whatsoever to do so. Date and/or time of a Show is subject to change. A Show is further subject to cancellation. A Show may choose in its sole discretion to announce the Selected Submission without any participation of Contributor.
Photo Submission
If selected by MSNBC as Selected Submission, MSNBC will allow potential Contributor the option to send a Photo of himself/herself only, which may appear on the Show along with Selected Submission announcement, at MSNBC's sole discretion. If Contributor chooses this option and does not send such Photo, his/her Selected Submission may be eliminated and an alternate potential Selected Submission may be selected from among the remaining eligible Submissions at MSNBC's sole discretion. The file containing the Photo: (a) cannot exceed one (1) MB in size; and (b) must be submitted in the JPG file format. The Photo must have been taken during the Submission Period and cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original Photo. By submitting, you agree that the Photo may be broadcast on a Show and otherwise displayed in promotions and advertisements for a Show. By sending a Photo to MSNBC, potential Contributor grants MSNBC the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photo and to incorporate the Photo in other works in any and all markets and media now or hereafter known worldwide in perpetuity. Potential winner warrants that he/she has the sole and exclusive right to grant such rights to MSNBC and that the MSNBC reproduction, publishing, displaying, and/or other use of his/her Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Photo containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet MSNBC's standards for any reason, as determined by MSNBC in its sole discretion, may be rejected and lead to elimination. As such, an alternate potential Selected Submission will be selected from among the remaining eligible Submissions at MSNBC's sole discretion. Photos must comply with all applicable laws, rules, and regulations. Potential Contributor also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by himself/herself, where such permission is required. Photos must only include an image of potential Contributor.
RECORDING: If potential Contributor chooses options (a) or (b) aforementioned, MSNBC, in its sole discretion, may elect to tape/film/record the Contributor (video and/or audio) and incorporate the audio and/or video recording of the Contributor into a Show ("Recording") or other form of publicity, the taping and/or the Recording will not be considered an employment opportunity, and the winner will not be entitled to compensation or credit therefor. The nature of the Recording will be determined by MSNBC in its sole discretion. If the Recording is broadcast, such broadcast will be at a time and for a length of time determined by MSNBC in its sole discretion on November 20, 2009 or on such other date as determined by MSNBC in its sole discretion. Contributor may be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by MSNBC prior to participation in a taping/filming/recording of a Show, if any. Failure of a potential Contributor to complete and execute these documents in a timely manner, as determined by MSNBC in its sole discretion, may cause the Contributor's participation to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by MSNBC in its sole discretion. Contributor will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. MSNBC has the right, in its sole discretion, to eliminate a Selected Submission, and remove its Contributor from the taping/filming/recording of a Show, if any, at any time, if such Contributor's behavior is deemed by MSNBC to be disruptive or if it may or does cause damage to person, property, or reputation of MSNBC or if it otherwise violates the policies of MSNBC, or if Contributor does not follow the directions of MSNBC at all times. These Official Rules and the Call For Submissions are neither a contract nor an application for employment.
DISCLAIMER: YOU ASSUME ALL LIABILITY FOR ANY INJURY OR DAMAGES CAUSED OR CLAIMED TO BE CAUSED BY YOUR PARTICIPATION IN THE CALL FOR SUBMISSIONS AND YOUR SUBMISSION, AND YOU RELEASE MSNBC, NBC UNIVERSAL, INC., AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS, AND THEIR OFFICERS, DIRECTORS, AGENTS, EQUITY HOLDERS AND EMPLOYEES ("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 CALL FOR SUBMISSIONS, YOUR CREATION OF THE SUBMISSION, THE INCLUSION OF THE SUBMISSION ON TELEVISION, THE USE OF YOUR SUBMISSION IN ANY MANNER FOR ANY PURPOSE OR ANY WORKS DERIVED FROM YOUR SUBMISSION BY THE RELEASED PARTIES, ON ANY LEGAL THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, A CLAIM FOR IDEA MISAPPROPRIATION OR DEFAMATION. Released Parties assume(s) no responsibility for any injury or damage to you as the result of participation in the Call For Submissions, or to any person's computer or cell phone relating to or resulting from entering or downloading materials or software in connection with this Call For Submissions. Released Parties are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of Submission, errors in any promotional or marketing materials, errors in these Official Rules, for any human or electronic error, or for Submissions that are stolen, misdirected, garbled, delayed by computer or telephonic transmissions, lost, late, or damaged. You agree to indemnify and hold harmless the Released Parties from and against any and all claims, losses, costs, damages, liabilities and expenses (including, without limitation, attorneys' fees) which in any way arise out of or result from any breach of any of the covenants, agreements, obligations, representations or warranties set forth in any provision of these Official Rules.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, MSNBC, and the Call For Submissions sponsor(s) in connection with the Call For Submissions (if any), shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. YOU AGREE THAT IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THE BREACH OF ANY TERM HEREOF, OR YOUR PARTICIPATION IN CONNECTION WITH THE CALL FOR SUBMISSIONS CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES SHALL ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE CITY OF NEW YORK AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, YOU AGREE THAT IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN THE CITY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE "JAMS RULES", AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED JUDGE. NOTWITHSTANDING THE ABOVE REQUIREMENTS, IF ANY PARTY FILES SUIT IN COURT, OR FILES AN ARBITRATION BEFORE FIRST SEEKING TO MEDIATE, IN DIRECT VIOLATION OF THIS PARAGRAPH, THE OTHER PARTY NEED NOT REQUEST MEDIATION TO ENFORCE THEIR RIGHT TO COMPEL ARBITRATION. ANY MEDIATION OR ARBITRATION PROCEEDINGS, TESTIMONY, OR DISCOVERY, ALONG WITH ANY DOCUMENTS FILED OR OTHERWISE SUBMITTED IN THE COURSE OF ANY SUCH PROCEEDINGS (AND INCLUDING THE FACT THAT THE MEDIATION OR ARBITRATION IS EVEN BEING CONDUCTED), SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY EXCEPT TO THE MEDIATORS OR ARBITRATORS AND THEIR STAFF, THE PARTIES' ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. IF ANY PORTION OF THE DISPUTE RESOLUTION MECHANISM SET FORTH HEREIN IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THAT PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT YOUR AGREEMENT TO RESOLVE ALL CONTROVERSIES AND CLAIMS THROUGH MEDIATION AND ARBITRATION.
Thanks for reading the Official Rules and Guidelines For Submission Of Green Tips. If you agree to these terms, continue to submit your Submission. If you don't, DO NOT submit any Green Tips. MSNBC will take your Submission as an agreement to these terms.
MSNBC may elect, in its sole discretion, to air the best Green Tip as well as any other Green Tips received. MSNBC has the right to reject and not air any Submission that contains obscene, unlawful, offensive, defamatory, derogatory or otherwise offensive language. Prior to submitting, MSNBC requires that each participant acknowledge that he/she may be required to appear (audio and/or video) on MSNBC and/or submit a photo which may appear on MSNBC along with the selected Green Tip Submission ("Selected Submission") on November 20, 2009 or on such other date as determined by MSNBC in its sole discretion. All such decisions are solely within MSNBC's discretion.
The decision to exploit any Submission on television or elsewhere is solely within MSNBC's discretion, and MSNBC has no obligation to make any use of any Submission. In the event that MSNBC does not receive qualified Submissions, MSNBC reserves the right to reject any and all Submissions, which may result in no Selected Submission. By providing a Submission, you are granting MSNBC, its licensees, successors and assigns a worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display your Submission (in whole or in part) on MSNBC and elsewhere, in any form, in any and all media, now known or hereafter devised, throughout the world, in perpetuity. MSNBC may, in its sole discretion, post your first name, last initial, city and/or state, in connection with your Submission but you will otherwise receive no credit for your Submission. By submitting a Green Tip via text, you hereby consent to the use of your name, and domicile for purposes of advertising, promotion, publicity and for any other purpose, in any and all media, now known or hereafter devised, worldwide, in perpetuity, without additional compensation. MSNBC will not acknowledge receipt of your Submission. 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, MSNBC's consideration of the Submission for televising your Green Tip and any other publicity regarding the Submission.
You represent that your Submission(s) are original, truthful, unpublished, created solely by you, do not infringe upon any rights of any third party, including but not limited to copyright, trademark, and rights of privacy and publicity, and do not contain inappropriate or offensive comments, libelous, tortious, or otherwise unlawful information, or violate any federal or state statute or regulation. You understand, acknowledge and agree that all Submissions are the sole responsibility of the person from which such Submission(s) originated. MSNBC and each of its respective parents, subsidiaries and affiliates and each of their respective officers, directors and employees, and associated or affiliated companies, successors and assigns are not responsible for the consequences of Submissions, and you, the user, are entirely responsible for the consequences of all Submissions that you text in connection with the Call For Submissions. Submissions do not reflect the views of MSNBC, and MSNBC shall not be liable for any Submission, including any that are in violation of these Official Rules.
MSNBC may reject a Submission for any reason in its sole discretion. Submissions that are incomplete, garbled, unintelligible or corrupted are void and will not be accepted.
You recognize that other persons, including participants, judges, guest judges, mentors, and hosts of any MSNBC series, employees of MSNBC and of the various companies and divisions that make up NBC Universal, Inc., and employees of the production companies of any MSNBC series, may have submitted to MSNBC, NBC Universal, Inc., the productions companies of any MSNBC series, and/or their respective subsidiaries, affiliates, licensees, successors and assigns, or others, or made public, or may in the future originate and submit, or make public, similar or identical material, and you understand that you will not be entitled to any compensation because of the creation or use of other similar or identical material. YOU UNDERSTAND AND AGREE THAT THE USE OF GREEN TIPS OR CREATION AND PRODUCTION OF BOOKS, CALENDARS, MOTION PICTURES, TELEVISION PROGRAMS OR OTHER WORKS CONTAINING FEATURES OR ELEMENTS SIMILAR OR IDENTICAL TO THOSE IN THE SUBMISSION WILL NOT ENTITLE YOU TO ANY COMPENSATION OR REQUIRE MSNBC TO NEGOTIATE WITH YOU IF MSNBC DETERMINES THAT IT HAS AN INDEPENDENT LEGAL RIGHT TO USE THOSE GREEN TIPS.
SUBMISSION PERIOD: Submissions of Green Tips may be submitted on Monday, November 16, 2009 beginning at 9:00 a.m. ET and continuing through November 18, 2009at 5:00 p.m. ET. There are no limitations on the number of Submissions each user may submit. All times referenced herein refer to Eastern Time.
GREEN TIP SELECTION AND NOTIFICATION: On or about November 19, 2009, one (1) potential Green Tip will be selected as the Selected Submission by MSNBC representatives from all eligible Submissions received during the Submission Period. MSNBC will make two (2) attempts to notify the contributor of the Selected Submission ("Contributor") at the phone number used to submit the Green Tip at the time of submission. Contributor may be required to execute and return a Release of Liability, and, except where prohibited, Publicity Release (collectively, "Submission Documents") within one (1) day of such notification or within such other time period designated by MSNBC, in order to have the chance to appear on one of MSNBC's television shows (each, a "Show") or have his/her photo aired on one of the Shows ("Photo"). Noncompliance within the designated time period will result in elimination, and an alternate potential Selected Submission may be selected from the remaining eligible Submissions at MSNBC's sole discretion. If a Contributor cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, such Contributor's Selected Submission will be eliminated, and time permitting, at MSNBC's sole discretion, an alternate potential Selected Submission may be selected from the remaining eligible Submissions. Each potential Contributor must also indicate his/her willingness and ability to participate in (a) an appearance on a Show on November 20, 2009 or during such other time as designated by MSNBC in its sole discretion; (b) an on-air voice recording or live voice-over with a Photo of Contributor on November 20, 2009 or during such other time as designated by MSNBC in its sole discretion; or (c) if a Contributor cannot, or is not willing to participate in the above, such potential Contributor may elect to simply have his/her Selected Submission aired with his/her name and city mentioned. Contributor will have the option to choose one of the above three methods of participation. If Contributor does not cooperate or comply with these Official Rules, MSNBC has sole discretion to select an alternate potential Selected Submission from the remaining eligible Submissions.
Appearance on a Show:
The potential Selected Submission shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Potential Contributor must agree to appear (recorded or live) on a Show and must make himself/herself available to be at a local or affiliate station as designated by MSNBC in its sole discretion (MSNBC will not be responsible for transportation to/from a local studio or affiliate station), on November 20, 2009, or on such other dates as designated by MSNBC in its sole discretion. As a condition of participation, the potential Contributor may be required to execute and return additional documents, which, among other things, will permit MSNBC to record and/or broadcast his/her participation in a Show; however, MSNBC is under no obligation whatsoever to do so. Date and/or time of a Show is subject to change. A Show is further subject to cancellation. A Show may choose in its sole discretion to announce the Selected Submission without any participation of Contributor.
Photo Submission
If selected by MSNBC as Selected Submission, MSNBC will allow potential Contributor the option to send a Photo of himself/herself only, which may appear on the Show along with Selected Submission announcement, at MSNBC's sole discretion. If Contributor chooses this option and does not send such Photo, his/her Selected Submission may be eliminated and an alternate potential Selected Submission may be selected from among the remaining eligible Submissions at MSNBC's sole discretion. The file containing the Photo: (a) cannot exceed one (1) MB in size; and (b) must be submitted in the JPG file format. The Photo must have been taken during the Submission Period and cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original Photo. By submitting, you agree that the Photo may be broadcast on a Show and otherwise displayed in promotions and advertisements for a Show. By sending a Photo to MSNBC, potential Contributor grants MSNBC the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photo and to incorporate the Photo in other works in any and all markets and media now or hereafter known worldwide in perpetuity. Potential winner warrants that he/she has the sole and exclusive right to grant such rights to MSNBC and that the MSNBC reproduction, publishing, displaying, and/or other use of his/her Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Photo containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet MSNBC's standards for any reason, as determined by MSNBC in its sole discretion, may be rejected and lead to elimination. As such, an alternate potential Selected Submission will be selected from among the remaining eligible Submissions at MSNBC's sole discretion. Photos must comply with all applicable laws, rules, and regulations. Potential Contributor also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by himself/herself, where such permission is required. Photos must only include an image of potential Contributor.
RECORDING: If potential Contributor chooses options (a) or (b) aforementioned, MSNBC, in its sole discretion, may elect to tape/film/record the Contributor (video and/or audio) and incorporate the audio and/or video recording of the Contributor into a Show ("Recording") or other form of publicity, the taping and/or the Recording will not be considered an employment opportunity, and the winner will not be entitled to compensation or credit therefor. The nature of the Recording will be determined by MSNBC in its sole discretion. If the Recording is broadcast, such broadcast will be at a time and for a length of time determined by MSNBC in its sole discretion on November 20, 2009 or on such other date as determined by MSNBC in its sole discretion. Contributor may be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by MSNBC prior to participation in a taping/filming/recording of a Show, if any. Failure of a potential Contributor to complete and execute these documents in a timely manner, as determined by MSNBC in its sole discretion, may cause the Contributor's participation to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by MSNBC in its sole discretion. Contributor will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. MSNBC has the right, in its sole discretion, to eliminate a Selected Submission, and remove its Contributor from the taping/filming/recording of a Show, if any, at any time, if such Contributor's behavior is deemed by MSNBC to be disruptive or if it may or does cause damage to person, property, or reputation of MSNBC or if it otherwise violates the policies of MSNBC, or if Contributor does not follow the directions of MSNBC at all times. These Official Rules and the Call For Submissions are neither a contract nor an application for employment.
DISCLAIMER: YOU ASSUME ALL LIABILITY FOR ANY INJURY OR DAMAGES CAUSED OR CLAIMED TO BE CAUSED BY YOUR PARTICIPATION IN THE CALL FOR SUBMISSIONS AND YOUR SUBMISSION, AND YOU RELEASE MSNBC, NBC UNIVERSAL, INC., AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS, AND THEIR OFFICERS, DIRECTORS, AGENTS, EQUITY HOLDERS AND EMPLOYEES ("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 CALL FOR SUBMISSIONS, YOUR CREATION OF THE SUBMISSION, THE INCLUSION OF THE SUBMISSION ON TELEVISION, THE USE OF YOUR SUBMISSION IN ANY MANNER FOR ANY PURPOSE OR ANY WORKS DERIVED FROM YOUR SUBMISSION BY THE RELEASED PARTIES, ON ANY LEGAL THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, A CLAIM FOR IDEA MISAPPROPRIATION OR DEFAMATION. Released Parties assume(s) no responsibility for any injury or damage to you as the result of participation in the Call For Submissions, or to any person's computer or cell phone relating to or resulting from entering or downloading materials or software in connection with this Call For Submissions. Released Parties are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of Submission, errors in any promotional or marketing materials, errors in these Official Rules, for any human or electronic error, or for Submissions that are stolen, misdirected, garbled, delayed by computer or telephonic transmissions, lost, late, or damaged. You agree to indemnify and hold harmless the Released Parties from and against any and all claims, losses, costs, damages, liabilities and expenses (including, without limitation, attorneys' fees) which in any way arise out of or result from any breach of any of the covenants, agreements, obligations, representations or warranties set forth in any provision of these Official Rules.
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