entrant terms

“Catch Co. Presents On The Line”       Application Terms

SEASON 1 – On The Line     

Online Audition Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING. THIS ONLINE AUDITION AND THE PROGRAM ARE VOID WHERE PROHIBITED BY LAW.

 

“Catch Co. Presents On the Line” or “On the Line” (the “Program”) is a United States television and/or Internet program in which a competition will be conducted by Mystery Tackle Box, Inc. (“Producer”) to select a content creator (“Program Winner”) from a group of twelve (12) Program Participants. Program Participants will be selected from valid entries to the Season 1 online audition (the “Online Audition”). By registering to enter the Online Audition and submitting an online audition video (“Audition Video”) to the audition website, available at https://catchco.com/on-the-line/ (the “Online Audition Website”), you (“you” or “entrant”) acknowledge that you have read, understand and voluntarily agree to these Online Audition and Program Terms and Conditions (the “Terms and Conditions”) in their entirety and the Catch Co. privacy policy available at https://catchco.com/privacy-policy/ (the “Privacy Policy”). The effective date of these Terms and Conditions (the “Effective Date”) shall be on or around April 2nd, 2021.

The Online Audition and the Program are subject to all applicable federal, state and local laws and regulations. These Official Terms & Conditions and are final and binding in all matters related to the Online Audition. Being selected as a potential Program Participant is contingent upon fulfilling all requirements set forth in the Terms & Conditions, including the Eligibility Requirements in Section A, the Video Submission Deadline in Section B, and the Audition Video Submission Requirements in Section C below.

Requests for further information regarding the Program, Online Audition, or this Terms & Conditions may be directed to [email protected]

  1. Eligibility Requirements.
  2. In order to enter and participate in the Online Audition and, if selected, the Program:
  3. You must be 18 years or older as of the Effective Date.
  4. You must be a legal U.S. resident with the unrestricted right to work in the United States throughout the entire Video Submission Period, time between the Effective Date and the end of the Judging Period (defined below) (the “Online Audition Period”) and Program Period (defined below) and through the term of any post show agreements provided by Producer or any of the other Program Entities (as defined below).
  5. You must own a YouTube Channel where you consistently upload videos that portray fishing and have less than 15,000 subscribers.
  6. To accept an invitation to participate in the Program (currently scheduled to begin on or around May 26th 2021), you must be able to demonstrate to the satisfaction of Producer that you do not have any contractual arrangement that would prohibit you from fully participating in the Program and/or entering into any contracts required by Producer.
  7. You must not currently be a candidate for public office and must agree not to become a candidate for public office until one (1) year after the initial exhibition of the final episode of the Program in which you appear (if selected to participate).
  8. As of April 2nd, 2021 and continuing through the completion of the competition, neither you nor any of your immediate family members or members of your household (whether related or not), may be an employee, officer or director of: (a) Producer and all majority owned subsidiaries; (b) any person or entity involved in the casting, auditions, development, production, distribution, or other exploitation of the Program or any variation thereof, including members of the panel of judges (“Audition Judges”); (c) any known, major sponsor of the Program; (d) any person or entity supplying services or prizes to the Program; or (e) any of the foregoing entities’ respective parents, subsidiaries, affiliated companies, distributors, retailers, sales representatives, and advertising agencies, (individually and collectively, the “Program Entities”). In addition, you acknowledge and agree that Producer has the sole discretion at any time to render ineligible and disqualify any person who, in Producer’s sole discretion, is sufficiently acquainted with the development, production, administration, judging, exhibition or other exploitation of the Program such that his or her participation in the Program could create the appearance of impropriety.
  9. You must accurately provide all information required by and complete all documents provided by Producer, any of the other Program Entities, or any other entity providing services to the Program.
  10. Producer has the sole discretion to make determinations of contestant eligibility, which are binding and final in all respects.
  11. Producer reserves the right to modify or change any of the eligibility requirements from time-to-time and at any time and such modifications will be effective upon posting to the Online Audition Website.
  12. Please note that in order to enjoy the full benefit of any contract, benefit or prize offered as part of the Program, you must be a legal U.S. resident with the unrestricted right to work in the United States throughout the entire Video Submission Period, Online Audition Period (defined below) and Program Period (defined below) and through the term of any post show agreements provided by Producer or any of the other Program Entities.
  13. Time to Enter

Audition Videos will be accepted commencing at April 2nd, 2021 at 9:00am CT, through and including April 19th, 2021 at 11:59pm CT (the “Video Submission Period”).

No Audition Videos will be accepted after April 19th, 2021 at 11:59pm CT (the “Video Submission Deadline”), or otherwise outside of the Video Submission Period.

  1. How to Enter
  2. Audition Video Submission Requirements. In order to enter the Online Audition, you must:
  3. Submit ONLY ONE (1) Audition Video that meets all of the criteria set forth below in Section C.2. Any entrant who submits more than ONE (1) Audition Video will be disqualified from participation in the Online Audition and all such entrant Audition Videos will be discarded.
  4. Your Audition Video must be submitted via the Online Audition Website at https://catchco.com/ontheline by the Submission Deadline. Follow the onscreen prompts to upload your Audition Video. Audition Videos will NOT be accepted after the Submission Deadline. Any Audition Videos submitted outside the Video Submission Period will be discarded.
  5. You must have Internet access during the Video Submission Period and sign up as a User on the Online Audition Website. As used herein, “User” will refer to the individual who completes the data fields on the Online Audition Website and uploads the Audition Video. User must be at least eighteen (18) years of age.
  6. There is no charge to become a User on the site.
  7. On the Online Audition Website, you must: (1) provide: (i) your full legal name; (ii) your state of residence; and (iii) your email address (collectively “Registration Data”); (2) answer a series of questions (video and text); and (3) upload your Audition Video. Entrants must update their Registration Data, as necessary, to remain eligible to win.
  8. Your Audition Video MUST be submitted by a User at least eighteen (18) years of age.
  9. Your Audition Video must comply with all of the requirements of this Section C.1 and Section C.2. Any Audition Video that, in Producer’s discretion, does not comply with the requirements of Section C.1 and Section C.2 may be excluded in Producer’s sole discretion.
  10. Your Audition Video submission will not be complete until you have accepted these Terms and Conditions and the Privacy Policy (available at https://catchco.com/privacy-policy/ and https://catchco.com/ontheline-terms-of-use/).
  11. Your conduct on the Online Audition Website shall also be governed by Terms of Use available at [https://catchco.com/ontheline-terms-of-use/]. In the event of a discrepancy between these Terms and Conditions and the Online Auditions Terms of Use, these Terms and Conditions shall control.
  12. Audition Video Content
  13. Audition Videos must conform to the requirements of these Terms and Conditions, as well as the Online Auditions Terms of Use posted under the “Auditions” tab at https://catchco.com/ontheline, and the Privacy Policy available at https://catchco.com/privacy-policy/. These Terms and Conditions, the Online Auditions Terms of Use, and the Privacy Policy may be amended from time to time.
  14. Your Audition Video should depict your interest, knowledge and skills in [fishing and content creation].
  15. Your Audition Video must be no longer than five (5) minutes in length.
  16. Your Audition Video must be in color and may include photos, videos, text or animation.
  17. Your Audition Video must NOT include the image or voice of any person other than you. No individuals other than entrant may appear in an Audition Video.
  18. In Your Audition Video, you must NOT impersonate any person or entity.
  19. Your Audition Video must NOT contain or display material (including, but not limited to, any audio files, text, photographs, videos or other images) which may be deemed lewd, sexually explicit, obscene, pornographic, violent (for example, relating to physical harm to others, murder, weapons, cruelty, abuse, etc.), derogatory or discriminatory (based on race, sex, gender, religion, ethnicity, national origin, physical disability, sexual orientation, age or professional group), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
  20. Your Audition Video must NOT contain or display material which may be deemed disparaging, defamatory, or libelous of any third party.
  21. Your Audition Video must NOT violate the intellectual property rights of any third party. For example, your Audition Video must NOT include mention or feature any uncleared copyrighted material, including but not limited to songs, music, films, books, television programming, artwork, sculpture, photographs, etc., or identifying descriptions of any copyrighted material.
  22. Your Audition Video must not contain or display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party.
  23. Your Audition Video must NOT contain derogatory references to the Program Entities (as defined in Section A.6 above).
  24. Your Audition Video must not contain any unauthorized advertising to, or commercial solicitation of, others.
  25. In Your Audition Video, you must NOT express or imply that any statements you make are endorsed by Producer, without Producer’s specific prior written consent.
  26. General Provisions
  27. Producer reserves the right to reject any Audition Video that it believes, in its sole and reasonable discretion, is fraudulent, does not depict the applicable entrant, is posted without the permission of the applicable copyright holder, does not comply with these Terms and Conditions or is otherwise objectionable, improper or invalid in the sole and exclusive discretion of Producer.
  28. PRODUCER IS NOT RESPONSIBLE FOR AUDITION VIDEOS, ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN AUDITION VIDEO FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR PARTICIPATION IN THE ONLINE AUDITION OR THE PROGRAM.
  29. How to Win the Online Audition.
  30. Judging Period and Audition Judges
  31. Audition Videos will be reviewed by the Audition Judges selected by the Producer at the Producer’s sole discretion. Producer makes no guarantee that all online Audition Videos it receives will be reviewed. The Producer reserves the right to substitute or modify the judging panel, or extend or modify the Judging Period, at any time for any reason.
  32. All Audition Judges shall be required to remain fair and impartial. Any Audition Judge may recuse him or herself from judging an Audition Video if the Audition Judge or the Producer considers it inappropriate, for any reason, for the Audition Judge to evaluate a specific Audition Video or group of Audition Videos.
  33. An entrant’s likelihood of winning the Online Audition phase will depend on the number and quality of all of the Audition Videos submitted, as determined by the Audition Judges using the criteria in these Official Terms & Conditions.
  34. For all phases, the Producer reserves the right to review the Contest Judges’ decision and to withhold any Prize if, at the Producer’s sole discretion, there is a procedural, legal, or other reason that the Prize should not be awarded.
  35. Potential Program Participant Selection and Judging Criteria
  36. The Judging Period will commence after the conclusion of the Video Submission Period and will last for fifteen (15) business days. Within the Judging Period, the Audition Judges will select the twelve (12) wining Audition Videos from among the validly submitted and compliant online Audition Videos. The Audition Judges will judge each Audition Video based on production quality, camera presence, fishing skill and knowledge , in addition to the Audition Video criteria set forth above in Section C.1 and C.2.
  37. Subject to the requirements set forth in this Section D, and any further verification required by Producer, the respective entrants who submitted the twelve (12) wining Audition Videos (potential “Program Participants”) will be invited to participate in the Program.
  38. The Program
  39. The Program is currently scheduled to begin on May 5th 2021 and will run for approximately six (6) consecutive weeks thereafter (the “Program Period”).
  40. In order to compete in the Program, Program Participants must:
  41. Program Participants will be required during the Program Period to submit four (4) weekly Program Submission Videos, each in response to a Challenge set by Producer, as set forth in full in the Participant Responsibilities and Confidentiality Agreement (“Participant Agreement”).
  42. Each Program Submission Video must be submitted to Producer via the application from and published to the Program Participant’s YouTube channel by the set deadline. Producer reserves the right to review and preapprove Submission Videos prior to it being published to the Program Participant’s YouTube channel for conformance with the requirements of Section E.3.
  43. Your Audition Video must comply with all of the requirements of this Section E3. and Section E.4. Producer reserves the right to disqualify any Program Participant if any Program Submission Video, in Producer’s discretion, does not comply with the requirements of Section E.3 and Section E.4, including if any Submission Video is submitted past its set deadline.
  44. Program Submission Video Requirements
  45. Program Submission Videos must conform to the requirements of these Terms and Conditions, as well as the Online Auditions Terms of Use posted under the “Auditions” tab at https://catchco.com/on-the-line/, and the Privacy Policy available at https://catchco.com/privacy-policy/. These Terms and Conditions, the Online Auditions Terms of Use, and the Privacy Policy may be amended from time to time.
  46. Each Submission Video must meet all of the requirements of the respective Challenge set by the Producer.
  47. Submission Videos must NOT contain or display material (including, but not limited to, any audio files, text, photographs, videos or other images) which may be deemed lewd, sexually explicit, obscene, pornographic, violent (for example, relating to physical harm to others, murder, weapons, cruelty, abuse, etc.), derogatory or discriminatory (based on race, sex, gender, religion, ethnicity, national origin, physical disability, sexual orientation, age or professional group), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
  48. Submission Videos must NOT contain or display material which may be deemed disparaging, defamatory, or libelous of any third party.
  49. Submission Videos must NOT violate the intellectual property rights of any third party. For example, your Audition Video must NOT include mention or feature any uncleared copyrighted material, including but not limited to songs, music, films, books, television programming, artwork, sculpture, photographs, etc., or identifying descriptions of any copyrighted material.
  50. Submission Videos must not contain or display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party.
  51. Submission Videos must NOT contain derogatory references to the Program Entities (as defined in Section A.6 above).
  52. Submission Videos must not contain any unauthorized advertising to, or commercial solicitation of, others.
  53. In Submission Videos, Program Participants must NOT express or imply that any statements made are endorsed by Producer, without Producer’s specific prior written consent.
  54. Program Winner Selection and Judging Criteria
  55. Each weekly Program Submission Video will be reviewed and Judged by a panel of three (3) qualified judges selected by Producer in its sole discretion (“Program Judges”) following the submission deadline (the “Submission Judging Period”). Judges will award up to ten points (“Judges Points”) to each Submission Video in each of the following three categories: (1) Creativity; (2) Execution; and (3) Overall Entertainment.
  56. After the Submission Judging Period, members of the general public will be given the opportunity to cast votes for their favorite weekly Submission Video via a web platform, to be disclosed at a later date, during a set amount of time (the “Audience Voting Period”). After the Audience Voting Period closes, the number of votes cast for each Program Submission Video will be counted and a number of points (“Audience Points”) will be awarded based on the number of public votes received. Ten (10) points will be awarded to the weekly Submission Video receiving the most public votes, eight (8) points to the video receiving the second most votes, six (6) points to the video receiving the third most votes, four (4) points to the video receiving the fourth most votes, and two (2) points to the video receiving the fifth most votes.
  57. All Judges Points and Audience Points awarded to each Submission Video will be tallied (“Total Score”). For the first weekly Challenge, the Program Participants with the Program Submission Videos that receive the two (2) lowest Total Scores will be dropped from the Program and will no longer compete. For the second weekly Challenge, the Program Participants with the Program Submission Videos that receive the four (4) lowest Total Scores will be dropped from the Program and will no longer compete.  For the third weekly Challenge, the Program Participants with the Program Submission Videos that receive the two (2) lowest Total Scores will be dropped from the Program and will no longer compete. For the fourth weekly Challenge, the Program Participants with the Program Submission Videos that receive the 1 (1) lowest Total Scores will be dropped from the Program and will no longer compete.
  58. In case of a tie, in any weekly challenge, Producer will act as a 4th Judge and submit scores. If there is still a tie, the tied Program Submission Videos will be re-judged to determine which Program Participants will move on to the next round of the Program contest.
  59. Should two Program Participants remain after completion of the fourth weekly Challenge (“Finalists”), the Producer will have all judges resubmit new scores. The Finalist who wins the final challenge will be the potential Program Winner and, subject to verification of eligibility and compliance with these Terms & Conditions, will be awarded the Grand Prize and the other Finalist, subject to verification of eligibility and compliance with these Terms & Conditions, will be awarded the Second Place Prize (“potential Second Place Winner”). The Program Participants receiving the third-most and fourth-most Total Points will, subject to verification of eligibility and compliance with these Terms & Conditions, be awarded the Third Place Price (“potential Third Place Winners”). If a potential winner is found to be ineligible or does not comply with these Terms & Conditions, he/she will be disqualified and the Program Submission Video with the next-highest Total Score will be named the potential winner. Judge’s and Producer’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winners.
  60. In order to be eligible to be selected as the potential winner, Program Participants must be available during the entire Program Period and must participate in the Challenges and create content as set forth in the Participant Agreement (defined below), to which all potential Program Participants must agree.
  61. Prizes
  62. Grand Prize: One Grand Prize will be awarded consisting of:
  63. Lowe Jon boat and Mercury engine provided by Brunswick (combined total approximate retail value (“ARV”) of up to $7,000).
  64. $5,000 Cash.
  65. $1,000 Shop Karl’s Account credit ($250 per quarter).
  66. Selection of Catch Co. products ($500 ARV).
  67. Selection of Aftco products ($500 ARV).
  68. 4 Googan Squad Rods ($596 ARV).
  69. Selection of Googan Baits ($500 ARV).
  70. 1-Year Sponsorship and License Agreement with Catch Co.
  71. Other Program Winner benefits.
  72. 4-part Follow up series following Program Winner for first year published on our channels (content to be provided by Program Winner).
  73. Four one-hour video and organic social “mentoring” sessions with Catch Co. team.
  74. Other benefits at the discretion of Producer, including digital marketing materials and apparel.
  75. Second Place Prize: One Second Place Prize will be awarded consisting of:
  76. Selection of Catch Co. products ($250 ARV).
  77. 2 Googan Rods ($298 ARV).
  78. $250 Shop Karl’s Credit.
  79. Selection of Aftco products ($250 ARV).
  80. Selection of Googan Squad Products ($250 ARV).
  81. Third Place Prize: Two Third Place Prizes will be awarded consisting of:
  82. Selection of Aftco Products ($250 ARV).
  83. 1 Googan Squad Rod ($149 ARV)
  84. Selection of Catch Co products ($150 ARV)
  85. $100 Shop Karl’s Credit.
  86. Notification, Verification and Claiming a Prize

Potential Program Participants will be notified by e-mail within thirty (30) days of the end of the Online Audition Period. Each potential Program Participant will be subject to eligibility verification and will be required to execute a notarized Affidavit of Eligibility and Release  (“Affidavit”) and the Participant Agreement and return such Affidavit and Participant Agreement within fifteen (15) days following attempted notification. Non-compliance within this time-period may result in forfeiture of participation in the Program, with the Audition Judges selecting an alternative potential Program Participant from the remaining Audition Videos; provided, however, that if Producer is unable to secure a properly executed Affidavit from any of the entrants that submitted an Audition Video, no entrant shall be invited to participate in the Program.

  1. In addition, each potential Program Participant will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that they are the entrant that submitted the applicable winning Audition Video.
  2. The potential Program Winner, potential Second Place Winner and potential Third Place Winners will be notified by e-mail within thirty (30) days of the end of the Program Period (the “Notification”). The potential winners must respond to the Notification within one week of the Notification or they may, at the Producer’s sole discretion, be disqualified. The potential winners will be required to execute a Prize Winner Agreement and a W-9 form (collectively, “Prize Claim Documents”) within five (5) business days from the date that the e-mail containing the documents is sent to the winner. The potential Program Winner will also be required to execute Sponsorship and License Agreement. If a potential winner fails or refuses to sign and return all Prize Claim Documents within the five (5) business day/time period, the potential winner may be disqualified, at the Producer’s sole discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of winner’s right to claim a prize and may result in the prize being awarded to an alternate winner, if time permits.
  3. The return of a potential Program Participant or potential Prize winner notification as undeliverable may result in forfeiture. In no case shall Producer be liable in any manner where a potential Program Participant or potential Prize winner has not received notification sent from Producer or where Producer fails to receive a response from a potential Program Participant or potential Prize winner within the required response period.
  4. The Program Entities shall not be held responsible for any delays in awarding a prize for any reason. If a potential Prize winner is disqualified, found to be ineligible or not in compliance with these Terms & Conditions, declines to accept a prize or, if Producer or its authorized designee is unable to contact a potential Prize winner, or a prize is returned undeliverable, the prize may be forfeited, and in the Producer’s sole discretion, the forfeited prize may be awarded to another Program Participant in accordance with the criteria set forth herein. If, after a good-faith attempt, Producer is unable to award or deliver a prize, the prize may not be re-awarded at the sole discretion of Producer. Prizes are not transferable and include only the items specifically listed as part of a prize. No substitutions allowed, except at the sole discretion of the Producer. Lost or stolen prizes will not be replaced.
  5. The Prizes set forth above are exemplary in nature and Producer reserves the right to substitute a prize with another prize of equal or greater value for any reason whatsoever. Each Prize winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the prize won. Producer will issue an IRS Form 1099 for to each Prize winner. All other costs and expenses not expressly set forth herein shall be solely the Prize winner’s responsibility.
  6. Each Prize winner acknowledges that Producer has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
  7. Further Documentation.
  8. All potential Program Participants and the potential winners will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms as may be deemed necessary. In addition, all potential Program Participants and the Potential Program Winner may be required to complete an extensive background questionnaire, and may be subject to a thorough background investigation and other examinations, at Producer’s discretion. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.
  9. License.
  10. You shall retain all ownership rights in your Audition Video and any Program Submission Videos.
  11. By submitting an Audition Video and Program Submission Video(s), you hereby grant to Producer and its respective parents, subsidiaries, related entities or affiliates, successors, licensees and assigns:
  12. A non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition Video and/or Program Submission Video(s) for any purpose whatsoever, throughout the universe in perpetuity, including, without limitation, in connection with
  13. the Program, including, without limitation, motion pictures, television and publishing, and in connection with the advertising (including at physical locations), sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including without limitation in connection with Program advertisers and/or sponsors and any of their respective products, integrations and/or services) and of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof). Producer shall also have the unrestricted right to edit the content and text of an Audition Video, Submission Video or the Program in any manner or form; and
  14. the business of Producer and/or Producer’s network of Internet websites, 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 may distribute content to end users, whether now existing or hereafter developed (together, 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 Producer and/or any Program Entities, these rights include, without limitation, the absolute right to edit and/or alter any Audition Video and/or Submission Video(s); distribute and synchronize all or any portion of your Audition Video in timed relation to any other visual elements; to web cast, podcast, re-publish, re-telecast, re-platform, port, syndicate, route, and link to and from all or any portion of your Audition Video and/or Submission Video(s); to encrypt, encode and decode, and compress and decompress all or any portion of your Audition Video and/or Submission Video(s); 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 Video and/or Submission Video(s); to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Audition Video and/or Submission Video(s); and to excerpt and/or extract portions of your Audition Video and/or Submission Video(s) in order to host, store, index, categorize and display your Audition Video and/or Submission Video(s) on or through the Platforms.
  15. The irrevocable right (but not the obligation) to and to license others to film, tape and/or photograph, record, exhibit, edit and otherwise use your name, voice, sounds, image, likeness and biographical information in and in connection with the Program in any manner in Producer’s sole election and discretion, including in connection with advertising (including at physical locations), sale, promotion, programming and publicity materials, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including, without limitation, in connection with commercial tie-ins, Program advertisers and/or sponsors and any of their respective products, integrations and/or services) throughout the universe, in any and all media, now known or hereafter devised, in perpetuity (collectively, the “Rights”).
  16. The irrevocable right for the institutional purposes of Producer and and/or its respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity.
  17. By agreeing to these Terms & Conditions, you understand and agree that any use as described herein shall not entitle me to receive any compensation whatsoever.

Producer has no obligation to review your Audition Video and/or Submission Video(s) or to use your Audition Video and/or Submission Video(s) in any manner whatsoever. Producer has the right, but not the obligation to use any of the rights granted by you herein.

  1. Representations and Warranties / Indemnification.
  2. You represent and warrant: (i) you are the copyright owner of you Audition Video and Submission Video(s); (ii) the Audition Video and any Submission Video(s) is your own original, previously unpublished, and previously unproduced work; (iii) the Audition Video and any Submission Video(s) is wholly original with you and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Audition Video and any Submission Video(s) neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the Audition Video and any Submission Video(s) does not and will not violate any applicable laws, and meets the Audition Video Submission Requirements and Program Submission Video Requirements set forth in Sections C and E above, respectively.
  3. Audition Videos and Submission Video(s) must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, music, copyrighted photos and the like. You will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Audition Video and Submission Video(s) 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 you cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove your Audition Video or Submission Video(s), or seek to secure the releases and clearances for the benefit of Producer and/or the Program Entities, or may allow the applicable Audition Video or Submission Video(s) to be utilized.
  4. Additionally, you represent and warrant that you will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Program Entities. Each of Producer and the Program Entities specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use.
  5. You agree to indemnify and hold harmless the Producer, the Program Entities, and each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees, costs and settlement costs), demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your breach or alleged breach of these Terms & Conditions and any of the warranties, representations or agreements of you hereunder; (b) your improper and/or unauthorized activity in connection with the Promotion; (c) your Audition Video and Submission Video(s) or promotional activities; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Producer, the Program Entities, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  6. Exclusions: Producer reserves the right to modify these Terms and Conditions, to exclude any entrant, remove suspect Audition Videos and Submission Video(s), and/or cancel, terminate or suspend any portion of this Online Audition, Program or disqualify an entrant from participation in the Online Audition or Program at any time and for any reason (or no reason at all) in its absolute discretion, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process, the audition process, or operation of the Online Audition or Program, or acting in an unsportsmanlike or disruptive manner, with intent to threaten, abuse or harass any other person. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. REGISTERING AND ENTERING THE ONLINE AUDITION DOES NOT ENSURE THAT YOU WILL BE SELECTED TO FURTHER AUDITION OR TO PARTICIPATE IN THE PROGRAM.
  7. Privacy Policy. Any personal information supplied by you to this Online Audition or Producer, including via the Online Audition Website, will be subject to the Privacy Policy available at www.catchco.com/privacy-policy. By participating in the Online Audition and/or Program, you grant Producer and the Program Entities permission to share your email address and any other personally identifiable information with the other Program Entities for the purpose of this Online Audition and/or the production of the Program.
  8. Nature of Relationship / Waiver of Equitable Relief. You understand and acknowledge that the Producer and the Program Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. You acknowledge that many ideas may be competitive with, similar or identical to the Audition Video and Submission Video(s) and/or each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of the use by the Producer or Program Entities of any such similar or identical material. You acknowledge and agree that the Producer and 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 Video and/or Submission Video(s). You acknowledge that, with respect to any claim by you relating to or arising out of the actual or alleged exploitation or use of any Audition Video, Submission Video(s) or other material submitted in connection with the Online Audition or Program by the Producer or any Program Entities, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video, Submission Video(s) or the Program or any other production based on or allegedly based on the Audition Video, Submission Video(s) or the Program, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
  9. General Release and Limitations on Liability.
  10. By participating in this Online Audition and/or the Program, you hereby: (a) agree that Producer and Program Entities shall have no liability whatsoever for, and shall be held harmless by you 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 Online Audition, Program or any related activity; (b) release the Producer and Program Entities and their respective 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 Online Audition and Program and from injuries or damages arising in connection with or relating to participation in this Online Audition and/or the Program; and (c) waive any right to claim ambiguity in the Online Audition, the Program or these Terms and Conditions.
  11. You acknowledge and agree that Producer, 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 submissions or for failure to receive or review submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Producer, with the Program Entities or otherwise, that may limit a participant’s ability to participate in this Online Audition or the 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 Online Audition or the Program and Producer and the Program Entities 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 Online Audition or the 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) any claim by you for defamation or portrayal in a false light.
  12. Producer and Program Entities assume no responsibility for any damage to your computer system, which is occasioned by accessing the Online Audition Website, or participating in this Online Audition or the Program, or for any computer system, phone line, hardware, software or 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. If, for any reason, this Online Audition or the Program is not capable of operating 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 Online Audition, Producer reserves the right, at their absolute discretion, to close the Audition Video Submission Period at any time, cancel, terminate, modify or suspend this Online Audition or the Program.
  13. 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 ONLINE AUDITION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE AUDITIONS OR THE PROGRAM, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY COURT ACTION ARISING OUT OF THESE TERMS & CONDITIONS WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF ILLINOIS, CITY OF CHICAGO, AND YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY SUCH COURT AND AGREE NOT TO PLEAD TO THE CONTRARY. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM OR ACTION RELATED TO USE OF THE ONLINE AUDITION, THE PROGRAMOR THESE TERMS WITHIN ONE YEAR AFTER SUCH CLAIM OR ACTION ACCRUED. OTHERWISE YOU WILL WAIVE THE CLAIM OR ACTION.
  14. Severability. 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.
  15. MEDIATION & ARBITRATION; LIMITATION OF REMEDIES:
  16. YOU, THE PRODUCER, AND THE PROGRAM ENTITIES ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE ONLINE AUDITION, [THE ON THE LINE PROGRAM] AND/OR THIS AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY A MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN CHICAGO, ILLINOIS UNDER ITS APPLICABLE RULES. IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN CHICAGO, ILLINOIS IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (AVAILABLE AT https://go.adr.org/AppellateRules), INCLUDING, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF THE AAA FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE AAA RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN ILLINOIS OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF CHICAGO. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE.
  17. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY YOU OR ANY OTHER CLAIM BROUGHT BY YOU SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK OR RECOVER, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
  18. YOU AGREE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER AND PROGRAM ENTITIES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, IN NO EVENT SHALL YOU BE ENTITLED TO SEEK OR RECOVER INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANT ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING, OR TO RESCIND THIS AGREEMENT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT EITHER PARTY ANY REMEDIES TO ANY DISPUTE THAT HAVE BEEN WAIVED PURSUANT TO THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, YOU RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF YOUR CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR ANY INFRINGEMENT BY YOU OF THE INTELLECTUAL PROPERTY RIGHTS OF PROGRAM ENTITIES, WOULD CAUSE PRODUCER, PROGRAM ENTITIES IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, YOU AGREE THAT PRODUCER, PROGRAM ENTITIES SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.
  19. YOU, PRODUCER AND EACH PROGRAM ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTICLAIMANT PROCEEDING. FURTHER, UNLESS PRODUCER AGREES, THE MEDIATOR AND/OR ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH YOURS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, MULTI-CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS AGAINST PROGRAM ENTITIES MUST BE PURSUED, WILL REMAIN IN EFFECT.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE AUDITION OR THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRODUCER AND THE PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.