TERMS AND CONDITIONS OF USE

By use of the dualcasting.com site and/or submitting images and/or information to us including, without limitation, through submission of responses to the questionnaire or other application materials on the duelcasting.com site (collectively the “Submissions”), in relation to Duel (working title) (the “Program”), you hereby acknowledge and agree to be bound by the following Terms and Conditions.

1. Representations and Warranties
(A) You hereby warrant and represent that you are over 18 years of age.

You hereby warrant and represent that you are visiting this site for the sole purpose of determining whether to apply to appear, or applying to appear, on the show.

You hereby warrant and represent that all the information provided in your Submissions is true, complete and accurate. You acknowledge and agree that any false, incomplete or misleading information submitted herein is grounds for your immediate elimination from consideration for, and/or disqualification from, any SSP reality-based production.

You represent, warrant, acknowledge and affirm that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

You represent, warrant, acknowledge and affirm that you have no expectation of, or right to, compensation for any Submissions. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you represent and warrant that you will not enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

(B) THE INFORMATION, CONTENT AND MATERIALS ON THE DUELCASTING.COM SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SSP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE DUELCASTING.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DUELCASTING.COM SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE DUELCASTING.COM SITE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE DUELCASTING.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

2. Consideration
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the duelcasting.com site and receipt of data, materials and information available at or through the duelcasting.com site, the possibility of our review and/or use and/or evaluation of your Submissions, and consideration as a possible contestant.

3. Relationship
The Submissions in no way constitutes an application for employment, as no form of employment is being offered and you are knowingly and voluntarily submitting all of the information in the Submissions.

4. Release
You hereby release, discharge and hold harmless Single Shot Productions, LLC (“SSP”), Rocket Science Laboratories, LLC (“RSL”), BermanBraun, French TV, American Broadcasting Companies, Inc. (“ABC[insert conformed language here about parents/ subs/etc.] and their respective officers, directors, employees, agents, successors, assigns and/or licensees (collectively “Releasees”) from and against any claims, demands, liabilities and expenses or causes of action arising out of or in any way related to your use of the duelcasting.com site, including, without limitation, any information contained herein, and/or the use of any information, without limitation, that is contained in your Submissions.

5. Ownership of Submissions
The Submissions and any other material submitted by you to us including, but not limited to, pictures, film and videotapes, become the property of SSP, shall not be returned and may be used in any manner in all and all media whether now known or hereinafter devised, (including without limitation advertising and promotion,) worldwide, in perpetuity. You further understand that, by submitting the Submissions, your participation in any SSP reality-based production is in no way guaranteed, as the Submissions is merely for the purpose of evaluating potential participants.

6. Dispute Resolution

READ CAREFULLY – THIS PROVISION LIMITS YOUR RIGHTS AND REMEDIES

You and SSP (the “Parties”) each acknowledge and agree, that any claim or controversy arising out of, or relating to, duelcasting.com, the Submissions, any breaches thereof, the Program or the applicability of this arbitration provision, which cannot be resolved after good faith consultation and discussion between the Parties, shall proceed to binding arbitration pursuant to the regulations and procedures of the American Arbitration Association in Los Angeles, California, in effect at the time, which shall be the exclusive venue for resolution of any such dispute. The Parties shall mutually agree upon a single arbiter who is experienced in handling entertainment law claims related to broadcast television. If the Parties cannot mutually agree upon such an arbiter, the AAA shall select a arbiter who is experienced in handling entertainment law claims related to broadcast television.

The Parties hereby agree that the laws of the State of California shall govern its resolution, without regard to any conflict of laws principles. Notwithstanding the foregoing, the Parties hereby agree that all matters and/or issues regarding the applicability of the arbitration provisions shall be governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. and shall specifically allow for provisional remedies as provided under California Code of Civil Procedure § 1281.8. The Parties also acknowledge and agree that this arbitration provision in no way hinders SSP’s right to obtain any or all provisional remedies. The Parties acknowledge and agree that the “business realities” of reality-based television productions, including the Program, create special circumstances for which SSP must be able to maintain its ability to seek injunctive relief and/or other equitable and/or provisional remedies (e.g. a participant’s premature disclosure or threatened disclosure of a show’s results or any facts which may suggest the show’s results) as such, SSP hereby reserves the right to seek or obtain injunctive relief. You hereby agree and acknowledge that any and all rights and actions you may have relating to duelcasting.com, the Submissions, or the Program are wholly compensable with monetary damages and, therefore, hereby consent to waiving your rights to extraordinary relief, in equity, including but not limited to injunctive relief.

The Parties hereby consent to the personal jurisdiction of any state or federal court located in the City of Los Angeles and the State of California. The Parties acknowledge and agree that any award entered pursuant to such arbitration may be entered in any state or federal court with jurisdiction. In any such arbitration and/or court proceeding, the Parties agree that the prevailing party shall, in addition to any other award, also be entitled to all costs as well as reasonable attorney’s fees.

THE PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DUELCASTING.COM, THE SUBMISSIONS, ANY BREACHES THEREOF, THE PROGRAM OR THE ENFORCEABILITY OF THIS ARBITRATION PROVISION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RELEASEES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, DUELCASTING.COM SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF DUELCASTING.COM SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF SSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SSP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO DUELCASTING.COM SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL SSP, RELEASEES OR THEIR RESPECTIVE LICENSORS, LICENSEES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NONE OF SSP, RELEASEES OR THEIR RESPECTIVE LICENSORS, LICENSEES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE DUELCASTING.COM SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE DUELCASTING.COM SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

8. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold SSP and Releasees, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s) or your application for, or participation in, the Program. You shall use your best efforts to cooperate with SSP in the defense of any claim. SSP reserves the right, at SSP’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

SSP reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any the duelcasting.com site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.

10. MISCELLANEOUS

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

These Terms of Service, together with the Privacy Notice at http://www.duelcasting.com/privacy and any other legal notices published by SSP on this Website, and any other agreements executed or to be executed between you and SSP in connection with or relating to the Program or your Submissions or any prize, shall constitute the entire agreement between you and SSP concerning www.duelcasting.com. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and SSP’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

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