The Submitter (“I,” “me,” or “my” whether such party is an individual or an entity) has read all of the rules & regulations for the TasteTV/TCB Cafe Publishing and Media LLC (hereafter referred to as “the Publisher” and “The Channel”), and by indicating agreement to this form I/we (hereafter referred to as “the Producer” and “The Participant”) agrees to the following:
• The Producer understands and has complied with the stated rules.
• The Producer warrants the submission of the Producer’s original work and that there are no disputes regarding the ownership of the submission.
• The Producer warrants the submitted material does not defame or infringe upon the rights of any person living or dead.
• The Producer warrants that all rights, licenses, clearances, and releases, for all audio and archival film or video used in the production have been secured for all broadcasts including public television, cable rights and foreign television rights.
• The Producer warrants that relevant appearance releases for all people featured in the submission have been secured.
• The Producer has obtained all of the appropriate rights and clearances of copyrighted material(s).
• The Producer has obtained all required approvals, clearances, licenses, etc., for the use of the program material contained in this program, and will provide such clearances if requested by the Festival.
• The Producer warrants that the TasteTV, TCB CAFE Publishing & Media, the TASTE AWARDS, the World Dog Surfing Championships, and any Channel sponsors, partners, broadcast platforms or outlets do not accept responsibility for proof of rights and clearances.
• The Producer fully indemnifies the TasteTV, TCB CAFE Publishing & Media, the TASTE AWARDS, and any Channel sponsors, partners, broadcast platforms or outlets against any claim made for such violations of law.
• The Producer agrees to hold the TasteTV (TM), TCB CAFE Publishing & Media, the TASTE AWARDS, and any Channel sponsors, partners, broadcast platforms or outlets harmless from and defend them against all claims, demands, losses, damages, judgments, liabilities and expenses (including attorney’s fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, based on any material submitted to the Channel or on any the TasteTV programs developed out of such submission.
• The Producer warrants that the Channel does not accept responsibility for improperly packaged materials, or for the loss or damage of submitted materials.
• The Producer grant the Channel the non-exclusive, perpetual, royalty-free, fully paid license and right to broadcast, exhibit and/or otherwise distribute the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised on a non-exclusive basis for 2 years.
• The Producer warrants the granted right to promote, broadcast and distribute the submitted material is royalty-free, and that any payments made in relation to advertising revenues are as agreed upon in the most current version of the TasteTV’s Producer Revenue Sharing Schedule.
• The Channel acknowledges that I own and control the copyright in and to my Submission, subject to the rights I am granting to the Channel hereunder.
• I agree not to issue any publicity on behalf of the Channel, but I am free to make casual and non-derogatory public statements regarding the Channel. I am entitled to retain and exercise the rights that are not granted to the Channel by these Submission Terms. For the avoidance of doubt, if my Submission is an excerpt of a Prior Work, The Channel’s exclusivity hereunder shall be limited to the excerpt that constitutes my Submission and I retain all rights in and to the Prior Work in its entirety and may exploit the Prior Work freely.
• Limitations on Liabilities; Remedies. By submitting my Submission, I agree that: (1) any and all disputes, claims and causes of action arising out of or connected with my Submission will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred not to exceed the amount of the Use Fee, but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will I be permitted to obtain any award for, and I knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed the amount of the Use Fee, and/or any and all rights to have damages multiplied or otherwise increased; and (4) my remedies are limited to a claim for money damages (if any) and I irrevocably waive any right to seek injunctive or equitable relief.
Photography and Appearance Release
The Submittor and undersigned (“Participant”) does hereby consent to the use by TCB-Cafe Publishing & Media, TasteTV, and TasteTV, (the “TCB CAFE Publishing & Media LLC”) and does hereby assign and grant unto TasteTV the irrevocable and unconditional power, right, privilege, and permission to make, produce, reproduce, exhibit, distribute, publish, and transmit by means of live broadcast or cablecast, film, videotape, DVD, audiotape, or any other similar mechanical or electronic method the Participant’s name, picture, likeness, pose, actions, or any combination thereof in connection with the production of programs for TasteTV by TCB-Cafe Publishing & Media LLC.
Participant hereby releases and discharges TCB-Cafe Publishing & Media LLC from any and all liability arising out of or in connection with the making, producing, reproducing, processing exhibiting, distributing, publishing, transmitting by any means or otherwise using Participant’s name, picture, likeness, poses, actions and any other combination thereof.
Participant certifies and warrants that Participant is of legal age, has full power, right and authority to enter into this consent and release, has read same in its entirety and understands all of its terms and provisions, unless parental or legal guardian signature follows.