GLEE 2010 Casting Call Video Submission: Terms and Conditions of Submissions

Each submitter must review in its entirety an electronic copy of these Terms and Conditions of Submissions. By submitting a Submission, you hereby agree to these Terms and Conditions of Submissions.

1. ELIGIBILITY: To be eligible to submit your casting video ("Submission") to this call for Submissions ("Casting Call") to cast the role(s) or one or more high school students for the television series "GLEE" (the "Series"), you must be a legal resident of and/or eligible to work in the United States, at least sixteen (16) years of age as of April 26, 2010, and not subject to a current recording contract or other services contract that would prohibit you from rendering exclusive and/or first position services (as determined by Series producers), in connection with the Series. You must be willing and able to render in-person services in Los Angeles, California, beginning on or about July 1, 2010. Fox is an equal opportunity employer.

You must be a MySpace registered user in order to participate in the Casting Call. Registration on MySpace.com is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to register.

2. HOW TO SUBMIT: Visit the Casting Call website between 12:00 pm noon Pacific Time ("PT") on March 30, 2010 and 11:59 am PT on April 26, 2010 by logging in to your MySpace profile, going to www.myspace.com/gleeauditions ("Casting Call Website"), and following the instructions and all Submission Requirements and Video Requirements below. Submission must be received by 11:59 am PT on April 26, 2010. Your Submission will not be complete until you have followed the onscreen prompts to record your Submission, made your Submission publicly available, and accepted the Terms and Conditions of Submission.

Any personal information supplied by you in connection with this Casting Call will be subject to the MySpace privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be amended from time to time. By participating in this Casting Call, you grant MySpace permission to share your email address and any other personally identifiable information with the other Series Entities (as defined in paragraph 4. hereof) for the purpose of fulfilling the casting process. Additionally, by opting-in to specific offers from any of the Series Entities, your entry information will be subject to their respective privacy policies and terms of service and you agree to receive additional email communication from those companies.

3. SUBMISSION REQUIREMENTS: You may only submit one (1) video Submission for consideration in the Casting Call. Your Submission must contain both A): a personal statement; and B) a song performance, in accordance with the Video Requirements set forth below (a Submission that meets all such requirements will be referred to as a "Submission") and any Submission that, in the Series Entities' discretion, violates any of the below criteria, does not contain both elements above, or violates the MySpace Terms of Use posted at http://www.myspace.com/index.cfm?fuseaction=misc.terms, which may be amended from time to time ("MySpace Terms") may be discarded. Submissions shot for commercial purposes are not eligible.

Eligible and properly submitted Submissions will be featured on the Casting Call Website for MySpace user rating/comment, which may be reviewed by casting associates but will not be definitive in evaluating the Submissions. All comments must comply with the MySpace Terms. Comments that violate the MySpace Terms or are otherwise deemed inappropriate may be edited or removed in the Series Entities' sole discretion.

In the event your Submission is selected for further evaluation, you may be contacted by a casting associate and required to execute additional documents, provide additional information and undergo additional screening, including without limitation a background and/or personal records check, in order to advance further in the casting process.

4. VIDEO REQUIREMENTS: Submissions must not exceed one (1) minute for the Personal Statement, and not more than the length of the provided track for the chosen song, for the Song Performance. Videos must be submitted in one of the following formats: avi, asf, dv, wmv, mov, qt, 3g2, 3gp, 3gp2, 3gpp, gsm, mpg, mpeg, mp4, m4v, mp4v, cmp, divx, xvid, 264, rm, rmvs, flv, mkv, ogm. AND must not exceed 500MB file size.

PERSONAL STATEMENT: MAXIMUM LENGTH ONE (1) MINUTE. State your first name and city, how long you've been singing, why you want to be a part of Glee, and/or why someone should rate/comment on your video to help your dream of joining Glee come true.

SONG PERFORMANCE: MAXIMUM LENGTH MUST MATCH THE TRACK FOR THE CHOSEN SONG.

GENERAL CONTENT RESTRICTIONS:

By submitting the Submission, you represent and warrant that you are the sole copyright owner of the Submission, and that you have the authority to grant the permission and rights granted herein, and that no other permission is required to grant such rights, and you hereby irrevocably grant Fox Broadcasting Company ("FOX"), MySpace, Inc. ("MySpace") and its assignees the right, but not the obligation, to use the Submission, your name, voice, likeness, and biographical information, and address (i.e., city and state) (collectively "Attributes"), and any statements made by or attributed to you, for advertising and promotional purposes in any and all media, now known or hereafter devised (including, without limitation, by telecast on the Series), without notice, review, or approval, in perpetuity and throughout the universe without further compensation, and you hereby release FOX, Twentieth Century Fox Television, Fox Digital Media, MySpace, Inc., Series' producers, Series' casting personnel and their respective parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, licensees, licensors and agents of each ("Series Entities") from all claims arising out of any such use.

The Series Entities shall not be responsible for incorrect or inaccurate Submission information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Casting Call or by any technical or human error or any other intentional, casual, or inadvertent misconduct, which may occur in the processing of the Submission. The Series Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of responses. The use of any device to automate the Submission process is prohibited.

Series Entities reserve the right to allow for minor fluctuations between your timing device and the actual runtime of the Submission on the Casting Call Website, based on clear intent to comply with these Terms, as determined in the Series Entities' sole discretion. Series Entities reserve the right to determine in their sole discretion which Submissions have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

5. LICENSE: You shall retain all ownership rights in your Submission. However, by submitting the Submission, you hereby grant to the Series Entities in perpetuity, a universal, non-exclusive, royalty-free, sublicenseable and 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 Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Series, including, without limitation, promotion and redistributing part or all of the Series (and derivative works thereof), and (ii) FOX's and MySpace's, and FOX's and MySpace's network of Internet websites, wireless 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 FOX and MySpace and FOX and MySpace distribute content to end users, whether now existing or hereafter developed (the "FOX Platform" and "MySpace Platform" respectively, 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 the Series Entities, these rights include, without limitation, the absolute right to edit and/or alter any Submission distribute and synchronize all or any portion of your Submission in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Submission; to encrypt, encode and decode, and compress and decompress all or any portion of your Submission; 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 Submission; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Submission; and to excerpt and/or extract portions of your Submission in order to host, store, index, categorize and display your Submission on or through the Platforms. The Series Entities reserve the right to use (or not use) your Submission at all and/or as little of the Submission as they so choose.

6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who submits a Submission represents and warrants to the Series Entities as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements as set forth above. Each Submission must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, background music, depictions of actors and the like. Further, entrants will, upon request, furnish to FOX any documentation, substantiation, and releases necessary and reasonably required from all persons appearing in, or whose likeness appears in the Submission, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Submission to prove, confirm, verify, and substantiate entrant's compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event a submitter cannot provide all required releases, FOX reserves the right, in its sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for FOX's benefit, or allow the applicable Submission to be utilized. Additionally, entrant represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in FOX's or MySpace's trademarks, trade names, logos or other intellectual property. Series Entities specifically reserve all their rights to protect their intellectual property against any infringement or other illegal or improper use. Each entrant hereby agrees to indemnify and hold the Series Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

7. CONDITIONS OF PARTICIPATION: This Casting Call is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that Series Entities shall have no liability whatsoever for, and shall be held harmless by participants 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 Casting Call or any related activity; (b) releases Series Entities 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 Casting Call and from injuries or damages arising in connection with or relating to participation in this Casting Call; and (c) waives any right to claim ambiguity in this Casting Call or these Terms and Conditions. FOX and MySpace reserve the right to modify these Terms and Conditions for clarification purposes without materially affecting the Terms and Conditions of the Casting Call, to void suspect Submissions and/or cancel, terminate or suspend any portion of this Casting Call should a virus, bugs, non-authorized human intervention or other causes beyond the control of FOX or MySpace corrupt or impair the administration or security of this Casting Call.

8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each person who submits a Submission understands and acknowledges that the Series Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Series Entities use of any such similar or identical material. Each entrant acknowledges and agrees that the Series 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 Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Series Entities actual or alleged exploitation or use of any Submission or other material submitted in connection with the Casting Call the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the entrant's 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. IMPORTANT: PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering this Casting Call, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Casting Call, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Casting Call, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Series 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 entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Series Entities or otherwise, that may limit an entrant's ability to participate in this Casting Call; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Casting Call and 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 Casting Call (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 entrant's rights of publicity or privacy); or (iv) the entrant's claim that he or she has somehow been defamed or portrayed in a false light. The Series Entities assume no responsibility for any damage to an entrant's computer system, which is occasioned by accessing the Website, or participating in this Casting Call, or for any computer system, phone line, hardware, software or Series 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. FOX reserves the right, in its sole discretion, to disqualify any entrant that violates the Submission Requirements, finds to be tampering with the Submission process or operation of the Casting Call or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, this Casting Call is not capable of running 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 FOX or MySpace, corrupt or affect the administration, security, integrity or proper conduct of this Casting Call, FOX and MySpace reserve the right, at their sole discretion, to close the Submission acceptance period at any time, cancel, terminate, modify or suspend this Casting Call or as otherwise deemed fair and equitable by FOX and/or MySpace.

10. 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 CASTING CALL OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CALL FOR SUBMSSIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. 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. IN NO EVENT WILL THE SERIES ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CASTING CALL. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CASTING CALL MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.