This agreement should be fully read and understood before using the UltimateRealityTVShow.com ("URTV") web site.

Agreement and Terms of Use

Use of this web site (“Site”) is subject to the terms of this Agreement and Terms of Use and any and all other policies published, at anytime, on the Website (collectively, the “Agreement” or the “Official Rules”).  In consideration of the prospect of your submitted material (“Submission”) being considered as the basis for a television program or other audio-visual work and other good and valuable consideration, you and UltimateRealityTVShow.com, its officers, directors, employees, affiliates, licensees and assigns (collectively, “URTV”) agree as follows:

1.      WHO CAN ENTER:  Individuals who are 18 years old or older at the time of entry who reside throughout the world may make a Submission to URTV’s Contest except employees, directors, associates, and the immediate families of URTV, and of all its affiliates and/or sponsors.  You acknowledge your understanding that many will enter the competition but few will win or become semi-finalists or finalists. By making a Submission, you hereby agree and notify us that you wish to compete in the Contest as a Contestant, and are submitting your Submission as an entry in the Contest in accordance with the Official Rules. You consent to the storage, display, downloading, copying, reviewing, and coverage of your Submission by URTV. In addition, you will perform all necessary additional steps that may be required for your further participation in the Contest should you be selected to participate in later rounds (including, without limitation, completing a “pilot,” or Contestant video or scene from your Submission.  The entry of your Submission and URTV’s consideration thereof is void where prohibited by law. 

2.      LENGTH: Your submission must be typed and in English and be no longer than 1000 words in length.  Please see entry form for more style details. 

3.      COLLABORATIVE WORK:  Collaborative works are works created by more than one individual or entity.  Collaborative works are eligible as a Submission, but the name(s) of each individual or entity collaborating on the Submission must be listed on the Entry Form and each collaborator must agree to be bound by the terms of this Agreement. All references to “you” and “your” in this Agreement shall mean and include all such individuals and entities.  The listed entrants for a particular Submission are solely responsible for getting all required consents and permissions in writing from all those involved in the creation of the collaborative work as well as the appropriate distribution of the competition prize(s), if any, to all of the collaborators on the Submission (and you agree to indemnify URTV for any such claims and/or payments as described elsewhere in this Agreement).

4.      ENTRY FEE:  Currently submissions are FREE. 

5.      QUANTITY OF ENTRY SUBMISSIONS:  Multiple entries are permissible, but you must accompany each entry with an Entry Form as described more fully on URTV’s Website. 

6.      AWARDS:  If your Submission is specifically selected as a winner of the competition, and then subsequently produced and broadcast on one of the six national TV networks in the United States, and provided that you are not in breach of this Agreement, then you shall be entitled to an amount equal to fifty thousand dollars (US$50,000) payable, if ever, upon such initial US network broadcast of the program based on your Submission.  In addition, the following terms will immediately apply:

A.       Option to Buy The Underlying Rights.   

i.        The Option. Provided that URTV determines that you are one of the semi-final winners of the competition then for good and valuable consideration, the receipt and sufficiency of which you acknowledge, you will grant URTV an exclusive and irrevocable option (“Option”) to buy for $100.00 (usd) all the rights, title and interest in and to the Submission.  If URTV exercises the Option, URTV shall own all rights of every kind and nature, throughout the universe, in perpetuity, in all media, whether now known or hereafter devised in and to the Submission and all derivative works thereof, together with all rights in copyright (and any renewals or extensions thereof) including, without limitation, all television, motion picture, ancillary and subsidiary rights in and to the Submission (collectively, the “Rights”).   

The term of the Option will commence immediately after the conclusion of the monthly Judging Period for a period of six (6) months (the “Option Period” as may be extended under this Agreement) During the Option Period you will also grant URTV the exclusive right to develop and market your Submission and derivatives thereof to interested third parties including, without limitation, studios, production companies and agencies as URTV deems appropriate in its sole discretion. 

As between you, on the one hand, and URTV on the other hand, all television programming, films, tape recordings, prints and copies thereof, and all rights therein, shall be the sole property of URTV and may be broadcast and otherwise exhibited, used and/or exploited, in whole or in part, in perpetuity, in any manner and through any media, whether presently in existence and known or subsequently devised, as URTV may elect.  You shall not be entitled to any additional compensation in connection with such broadcast, exhibition, use and/or exploitation unless such is expressly provided for in this Agreement.   

ii.       Extending the Option Period.  URTV can extend the Option Period for a limited time period to conclude active development already underway.  The Option Period can run longer if URTV is in bona fide active development or negotiations regarding the Submission with a third party.  If that happens, the Option Period will automatically extend for the duration of that negotiation or development deal but in no event for more than 12 months. 

iii.       Exercising the Option.  URTV can exercise the Option by paying you an amount equal to one hundred dollars (US$100.00) on or before expiration of the Option Period (as may be extended under this Agreement) as the purchase price for all the Rights.  If URTV exercises the Option, it becomes the sole owner of all the Rights.  If URTV does not exercise the Option, the underlying rights in the Submission as presented to URTV shall revert to you; provided, that URTV will retain the rights in any materials developed by or at URTV’s direction.

B.        Credit.  Subject to any applicable guild or co-production requirements, you will  receive “Created By” credit on all productions produced by URTV based on your Submission subject to determination by the Writers’ Guild of America.  That credit, if any, may be shared with other individuals.  Except as expressly stated in this Agreement, the size, placement, form and all other matters relating to any credit accorded to you will be set by URTV in its sole reasonable discretion.  No casual or inadvertent failure by URTV or others to comply with this Agreement’s credit provisions will be deemed a breach of this Agreement, nor will failure by any third party to accord any credit to you constitute a breach of this Agreement by URTV. 

C.       Television Series Royalty:  For any television series (“Series”) produced by URTV based on the Submission, provided that you receive sole “created by” credit as determined by the Writers’ Guild of America, URTV will pay you a one-time royalty of five hundred dollars (US$500.00) per episode actually produced and initially broadcast on national television in the United States reducible to two hundred fifty dollars (US$250.00) if you receive a shared “created by” credit on the Series.  The royalty will be payable, if ever within 60 days of the first broadcast of the applicable episode. 

D.      Documents.  Upon URTV's reasonable request you will sign and deliver such additional documents consistent with the terms of this Agreement, as URTV may reasonably deem necessary to show and effectuate URTV's rights under this Agreement.  If within 5 business days after receiving URTV's request you fail to deliver such documents, you hereby grants to URTV the right, as your attorney-in-fact, which right will be irrevocable and coupled-with-an-interest, to execute, acknowledge, deliver, and record in the United States Copyright Office or elsewhere any and all such documents.  Without limiting the generality of the foregoing, you agree to execute a hard copy of this Agreement as a condition precedent to URTV’s obligation to award you any prize hereunder.

7.      SUBMISSION AVAILABILITY:  Your Submission must be available—meaning that the Submission must not have been produced, sold or optioned prior to or at the time of Entry.  You may not provide your Submission to any other person, entity or competition (including, without limitation, any television network, producer, or agent), during the Submission Period as may be extended under this Agreement.

8.      SUBMISSION PERIOD: begins on December 31, 2006 and ends on January 1, 2011.

9.      ORIGINAL WORK:  You represent and warrant that your Submission is original with you and does not infringe on the rights and/or ownership of others. If your Submission is based upon work of another or another person's life story or other rights, you must provide a statement verifying the rights to make such an adaptation.

10.    JUDGING: The consideration of your Submission is not a random contest or lottery but is rather a skill-based, aesthetic evaluation and selection much like an audition for a part in a movie, play or talent competition; Submissions should be solely intended for the six major broadcast networks (ABC, CBS, FOX, MyNetworTV, NBC, TheCW). Submissions that are intended for Cable Television Networks do not qualify for the $50,000.00 award. Submissions may be judged by any of the following: producers, television executives, managers, agents, free-lance reality personnel, professors or other yet to be named individuals. The results of the judging of all Submissions shall be final and you agree to be bound without reservation by any decision rendered by the judges.

11.    JUDGING PERIOD:  The judging of all Submissions will occur during the Submission Period and for an additional period of ninety (120) days after the conclusion of the Submission Period.

12.    FINALISTS:  Subject to events beyond URTV’s control, URTV intends to contact and select up to five semi-finalists to have their Submission considered for the final round; however there is no obligation for URTV to use your Submission or those of others; and no guarantee that URTV will actually be able to select such number of finalists.  Furthermore there is a substantial likelihood that there will be more than one winner of the competition.  URTV reserves the right to conduct an additional “run-off” contest in the event that it determines, in its sole discretion, that such a run-off is necessary in its selection of the semi-finalists or finalists.

13.    FULL COMPENSATION:  This Agreement establishes the total compensation and consideration to which you are entitled from URTV regarding its subject matter.  You acknowledge that it includes full and adequate consideration for any so-called “rental and lending rights” or any other similar rights to which you may become entitled.

14.    TAXES:  You are solely responsible for all applicable federal, state, provincial, and local taxes arising from any fees or compensation you receive as a result of your Entry in this competition.  URTV shall also have the right to make any withholdings required by law.

15.    NO OBLIGATION TO PROCEED:  Nothing contained in this Agreement will in any way obligate URTV to produce, release, distribute, exhibit or otherwise exploit the Submission.  URTV shall be deemed to have fully satisfied its obligations under this Agreement by paying you the compensation, if any, that may become due and payable pursuant to the terms of this Agreement.  URTV shall have the right to add to, subtract from, rearrange, edit and change the title of the Submission, and you hereby waive the so-called "moral rights" of authors with respect thereto.

16.    WORK-FOR-HIRE:  At all times during the Submission Period, as between you and URTV, you will retain ownership of whatever interest in the Submission's copyright you owned prior to submitting your Submission to URTV subject to URTV’s Option to acquire all of the Rights to the Submission as provided elsewhere in this Agreement.  Notwithstanding the foregoing, any services that you render under this Agreement in URTV’s development of your Submission, if any, are being performed under a special commission and shall be considered a work-for-hire under copyright law; as such, URTV shall be deemed the owner and author thereof at the time of creation/rendering of services. To the extent that such results and proceeds are not deemed works-for-hire, you hereby assign to URTV all rights now known or hereafter recognized in and to such results and proceeds. 

17.    PUBLICITY, PROMOTION, RIGHT TO USE YOUR NAME, LICENSE TO URTV:  You hereby grant URTV a worldwide, exclusive, royalty-free license to use the Submission in accordance with the terms of this Agreement and any other written agreements you sign in connection with the Contest (collectively, the "Other Agreements"). You also grant URTV a worldwide, exclusive, royalty-free license to use any other material and information submitted by you in the course of registration or otherwise (collectively the "Material") in accordance with the terms of this Agreement and the Other Agreements. Without limiting the foregoing, you hereby grant URTV the perpetual right to do any of the following with respect to your Submission in any and all media now known or hereafter devised, all without any payment to you or to any other person or entity: encode, digitize and store your Submission and/or your Material; reproduce, distribute, publish, publicly perform, and/or display, digitally perform and/or distribute, transmit, and broadcast your Submission, and/or your Material; add to, subtract from, change, revise, rearrange or otherwise edit your Submission, and/or Material; review, evaluate, and judge your Submission, and/or Material; secure any permission or clearances necessary to publicly display the Submission; use the Submission, and/or Material, or parts of any of the foregoing, in perpetuity for the purpose of publicizing, advertising or otherwise promoting the Contest, the Site, URTV, and/or the any television program or series based on the Contest and/or URTV; and provided that you are selected as one of the finalists of the Contest, create derivative works of the Submission, and/or Material (including, without limitation a television series based on the Submission) pursuant to and in accordance with a separate Finalist Winner Agreement.  You also grant URTV the right to use your name and likeness (as well as the right to grant to others the right use your name and likeness) biographical material, User Name, and/or any other indicia of your persona for purposes of publicizing, advertising or otherwise promoting the Contest, the Site, URTV, and/or any television program or series based on the Contest and/or URTV in any reasonable manner in connection with the Submission, the competition, URTV's business operations and your services and the products of them for advertising or promotional purposes without additional without any payment to you or to any other person or entity.  You will not furnish or authorize any advertising matter or publicity of any form relating to the Submission, or the development thereof or URTV, without URTV’s prior written approval in each case; provided, however, that you may incidentally mention your involvement with URTV, as part of broader or general publicity about you.  Any breach of this paragraph by you shall constitute a material breach of this Agreement.  You also grant URTV the right to contact you via email to provide you with competition updates.

18.     LIMITATION OF LIABILITY, WAIVER:  URTV is not responsible for (i) lost, late, delayed, misdirected, unintelligible, or incomplete entries; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of URTV that may affect the Submissions.  You hereby agree that your Submission is not subject to any obligation, whether of confidentiality, attribution, or otherwise, on URTV’s part and URTV shall not be liable for any use or disclosure of any Submission.  You hereby waive any and all rights that you may have concerning "moral rights" or "droit moral" in connection with your or your Submission.  You hereby release and waive any and all claims with regard to, and hold URTV harmless from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works based on, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Submission. Further, you hereby recognize that URTV (and its constituent members) engage in extensive activities in creating, acquiring, and developing literary, artistic, musical, design, and other materials (including, without limitation, stories, ideas, themes, plots, titles, screenplays, formats, treatments, and other materials) (collectively, “Other Projects"). You recognize and acknowledge that URTV and other Submission contestants, may develop a similar idea to your Submission or may have access to, and/or, may have created, or have commissioned, through some other independent source, or may have otherwise acquired, literary materials and concepts, similar to your Submission, in theme idea, plot, format, or in any other respect.  You agree that you will not, under such circumstances, be entitled to any compensation, or consideration of any kind, through the use by URTV of any material so acquired.  You also recognize that other persons, including URTV’s employees, associates and affiliates, may have submitted to URTV, or may hereafter originate, submit or make public material and/or ideas that may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material that has or may come to us from other sources. By sending us your Submission, and in order to participate in the Contest and use the Site, you hereby agree that (a) your Submission is entered voluntarily and is not in confidence; (b) apart from this Agreement and any Other Agreements that may be entered into there is no agreement between us, express or implied, relating to URTV’s use of the Submission; and (c) you will not assert against URTV or its assigns or licensees, any claim based on plagiarism, infringement, confidential or fiduciary relationship, implied contract, unfair competition, unjust enrichment, or otherwise arising out of any alleged use of the Submission. If, notwithstanding the foregoing release, you attempt to claim that we have used your Submission, or any portion thereof, without consent or authorization, you specifically agree and understand that any such dispute shall be subject to arbitration as set forth in this Agreement.

19.    WARRANTIES AND INDEMNITIES:  In addition to the warranties and representations you make elsewhere in this Agreement, you represent warrant and agree that your Submission complies with all of the Submission requirements as set forth in the Official Rules; you have the right and power to enter into and fully perform this Agreement and to grant all rights granted to URTV in this Agreement; and that you have not granted, assigned, conveyed or otherwise encumbered, and will not grant, assign, convey or otherwise encumber, any of the rights granted to URTV in this Agreement; that your Submission is original, previously unpublished, and a previously unproduced work; that it is not based on any other work or anything written or conceived by anyone else and that neither the Submission, the Rights, nor any documents, materials or information that you furnish to URTV under this Agreement will violate any right of privacy of, constitute defamation against, or violate any copyright or literary, artistic, intellectual, dramatic or any other right of any person, firm or entity; and your Submission does not and will not violate any applicable laws and is not defamatory, libelous, pornographic, or obscene..  You indemnify and hold URTV harmless from and against any and all claims, damages, liabilities, costs and expenses, including but not limited to reasonable outside attorney's fees and costs, arising out of or in connection with any material furnished by you or any breach of any of your representations and/or warranties made in this Agreement.  URTV will similarly defend, indemnify and hold harmless you from any claims arising out of any material added to the Submission by any of URTV’s employees or assigns (other than you) or at URTV’s request, arising out of URTV's breach of its obligations under this Agreement or arising out of the development, production, distribution, or other exploitation of any production based on the Submission, other than claims for which you are obligated to indemnify URTV. 

20.    ARBITRATION: Any controversy or claim arising out of, or relating to, this agreement, the breach thereof, or the coverage of this arbitration provision shall be settled by arbitration pursuant to the provisions of Section 1280, et seq. of the California Code of Civil Procedure (or such substitute provisions therefore then in effect); provided, that any arbitrator(s) selected shall have experience in or knowledge of such industry in which the parties are engaged.  Any such arbitration shall be conducted in Los Angeles, California.  The arbitration of such issues, including the determination of the amount of any damages suffered by any party hereof by reason of the acts or omissions of another shall be to the exclusion of any court of law except as set forth below.  The decision of the arbitrators or a majority of them shall be final and binding on all parties and their respective heirs, executors, administrators, successors and assigns.  Any action to secure a judicial confirmation of the arbitration award may be brought in any state or federal court of competent jurisdiction.  If the parties or the arbitrators appointed by them are unable to agree upon the selection of a neutral arbitrator then either party may, at its election, require that the arbitration shall be conducted under the auspices and rules of the American Arbitration Association (AAA) and that the neutral arbitrator shall be selected by the AAA.

21.    REMEDIES:  In the event of breach or alleged breach of this Agreement by URTV, your rights will be limited to those at law for money damages.  In no event will you have the right to seek or obtain injunctive or other equitable relief.  Before either party can be deemed to be in breach of this Agreement the other party must give it a warning notice and the party receiving that notice has 10 business days to “cure” the breach warned of in that notice. 

22.    ACTS OF GOD:  All deadlines and dates in this Agreement will be automatically extended for any period during which performance of the affected activity is prevented because of the interruption of your or URTV’s business by reason of fire, earthquake or other act of God, labor disputes, or any contingencies of a similar nature which are beyond URTV's reasonable control.

23.    NATURE OF RELATIONSHIP:  You hereby acknowledge and agree that the relationship between you, as a Contestant, on the one hand, and URTV, on the other hand, is not a confidential, fiduciary, or other special relationship, and that your decision to provide your Submission to URTV for purposes of the Contest does not place us in a position that is any different from the position held by members of the general public with regard to elements of your Submission or other Material that are not legally protectable. You understand and acknowledge that URTV has wide access to ideas, stories, screenplays, and other literary materials, and that new ideas are constantly being submitted to it or being developed by those assisting in the creation, maintenance, and publication of the Site. You also acknowledge that many ideas or stories are similar to each other and different ideas and stories often relate to one or more underlying themes. You further agree that URTV and its affiliates 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 your copyright in and to the Submission.

24.    NOTICES AND PAYMENTS:  All notices and payments will be sent to you at the address you provided on the Entry form and should be sent to URTV at the address indicated on the Website.  All notices must be in writing to be effective.  Notices are deemed effective on the date faxed or on the date after “FedExed” or, if mailed, on the earlier of the date received and the third day after postmarked.  Payments are deemed made on the date “FedExed” or, if mailed, on the date postmarked. 

25.    ASSIGNMENT AND AMENDMENT:  URTV can assign this Agreement or any of its provisions to any third party.  You may not assign this Agreement or any of its provisions without URTV's prior written consent...  This Agreement can only be amended in writing.

26.    GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed therein.  Any legal proceedings brought to resolve any dispute arising out of this Agreement shall be commenced in the appropriate Los Angeles County court or the United States District Court for the Central District of California.  No action or proceeding brought pursuant to this Agreement shall be commenced or maintained outside of Los Angeles County.  Regardless of the parties’ respective domicile or residence, the parties hereby submit to the exercise of personal jurisdiction over them by the Los Angeles County courts or the United States District Court for the Central District of California.  This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained, and this Agreement shall not be changed, rescinded or terminated orally.

27.    ENTIRE AGREEMENT:  This Agreement, together with the Official Rules and the Other Agreements (all of which are hereby incorporated into this Agreement by this reference), represents the entire understanding between you and URTV relating to the subject matter hereof, and supersedes any prior agreements (except the Other Agreements) between you and URTV on this subject matter. You hereby agree that you have read, understand, and agree to all of the terms and conditions in this Agreement and that you are by bound by the terms of this Agreement and the Other Agreements throughout your participation in the Contest and forever afterward. You hereby agree to sign a written copy of this Agreement upon our request, provided that our election not to require you to sign a written copy of this Agreement will not affect the validity or binding nature of this Agreement.

28.    CERTIFICATION:  You hereby certify that all of the answers and information that you have provided in this registration process are true, accurate, and complete, and that you have read and will comply with this Agreement and the Other Agreements in conjunction with your registration, participation in the Contest, and interactions with URTV. You intend that your acceptance of this Agreement and participation in the Contest shall each constitute your legally binding signature and acceptance of this Agreement and the Other Agreements.

UltimateRealityTVShow.com reserves the right to modify the terms and conditions of this agreement at any time, without notice. Any modifications must be adhered to.

You acknowledge that you have fully read and understand the terms of using the Website and by using the Website; you fully agree to be bound by all terms and conditions of this Agreement.   

After writing in your reality TV show idea, please click the “I ACCEPT” button on the entry form if you agree to the terms of this Agreement.