Eligibility Requirements & Releases
- You must be at least sixteen (16) years of age as of the date you submit your application to potentially participate on the reality-based program currently entitled “American Song Contest” (the “Program”). If you are not at least eighteen (18) years of age as of the date you submit your application to potentially participate on the Program (or of majority age in your state of residence), then your parent or guardian must sign where indicated on at the end of this document. As part of the application process, you must indicate all states or United States territories with which you have an authentic, deep connection, and if you are selected to participate in the Program, you agree that the Producer will have the ultimate determination of which state or territory you are selected to represent.
- You must be (a) a citizen or lawful permanent resident of the United States with a valid Social Security or tax identification number; or (b) be legally present in the United States and meet all requirements under United States immigration law and applicable tax law(s) permitting you to participate in all Program elements, to accept any money or prizing in connection with the Program, and to satisfy contract options as may be applicable in connection with the Program, as determined by Propagate(“Producer”), One or more of the television networks or platforms of NBCUniversal Media, LLC (“Network”), and any entity holding such contract option(s) in its or their sole discretion. Without limitation of the foregoing, certain elements in connection with the Program, including, without limitation, prizing or contract options, may require you to have permission to work under federal, state, or other applicable laws (e.g. a valid O or P visa, other work authorization or status, or a minor’s work permit). Documentation of the foregoing will be required in advance of your participation in the Program or in such elements, if any, upon the request of Producer or others.
- You are not currently, nor do you currently intend to be, a candidate for public office, and if there is any change in this representation prior to the initial exhibition of the Program in which you appear, you must immediately notify NBCUniversal (as defined below) at ReportingCandidacy@nbcuni.com. Becoming a candidate before or around the time of the initial exhibition of the Program may under certain circumstances have legal implications on the exhibitor’s ability to exhibit the Program.
- Producer and NBCUniversal (as defined below) reserve the right to render ineligible any person or business who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, judging, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety. In making this decision, Producer and NBCUniversal may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:
- Producer or any other person or entity involved in the development, production, distribution or other exploitation of the reality-based program currently entitled "American Song Contest" (the “Program”) or any variation thereof;
- NBCUniversal Media, LLC or any of its parent, subsidiary or affiliated entities, including, without limitation, its broadcast networks and studios, cable networks and studios, film businesses, digital businesses, parks and resorts (collectively, “NBCUniversal”) (for more information about NBCUniversal businesses, please visit http://corporate.comcast.com or http://www.nbcuni.com);
- Any sponsor of the Program or its advertising agency; or
- Any person or entity supplying goods, services or prizes (as applicable) to the Program.
Please list any such relationships here; if none, write “None.” If you become aware of any such relationships after completing this application, please immediately notify Producer in writing.
- If you are selected as a potential participant you must execute waivers, release agreements, or other agreements required by Producer and NBCUniversal or any of their licensees, successors or assigns. Such agreements may include, without limitation, one or more agreements relating to terms and conditions relating to your appearance on and participation in the Program and music submitted by you or otherwise used in connection with the Program.
- If you are selected as a participant, you will need to be available to the production for approximately four (4) weeks (possibly longer or shorter) sometime between on or about February 11, 2022, through and including on or about April 12, 2022 (actual dates subject to change in Producer’s sole discretion), and be willing to travel to the Los Angeles, California and Atlanta, Georgia areas (and possibly other locations) as part of production.
- In accordance with applicable laws, any offer to become a participant may be conditioned upon your submission to a background check and physical and psychological examinations to be conducted at a location to be determined by Producer by medical professionals (selected by and paid for by Producer) and the certification of the medical professionals that you meet all physical and psychological requirements. You must be willing to submit medical information to the production, and you must be willing to submit to a medical examination, psychological examination, and background check.
- You acknowledge and understand that all music, musical compositions and recordings submitted hereunder are original and have not been previously released commercially, including without limitation via Spotify or Apple Music, (“Original Music”); however, if a song has only been released or shared promotionally such as via SoundCloud, Tik Tok, Instagram, Facebook or YouTube, then the song may be submitted, provided that if you are ultimately selected to be a participant on the Program,then you will be required to remove all versions of the song, or any posts containing the song, at that time. You also acknowledge that if you are selected to be a participant on the Program, you may need to deliver, at Producer’s request, a fully-produced, mastered, radio-ready and fully-cleared recording of the Original Music and you will give the Released Parties (as defined in Paragraph 11 below) a non-exclusive perpetual, royalty-free license to use the Original Music in and in connection with the Program, including the development, production, distribution, advertising, promotion, exhibition or other exploitation of the Program, throughout the universe (and if you do not hold all rights in or to the Original Music, you agree to notify Producer immediately and cause each co-writer or co-owner of the Original Music to execute all waivers, release agreements, documents or other agreements relating to the exploitation of the Original Music to the same extent you have granted such rights herein) in any and all media now know or hereafter devised. Notwithstanding the foregoing, you will be entitled to receive any royalties payable by ASCAP, BMI or any such similar organization, which are payable directly by such organizations to you, provided that you are a member of a performing rights organization. You grant to Producer the right to grant direct source licenses to any exhibitor or distributor of the Program or of promotions for the Program if such exhibitor or distributor does not have blanket public performance licenses. Other than this license, you will retain all of your rights to Original Music . If you are asked and choose to enter into further agreements as described in Paragraph 5 above, the terms of those agreements will apply thereafter.
- You hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program contest (if any), if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and NBCUniversal has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; (viii) all Original Music submitted by me in connection with my application to participate in the Program is original to me and does not and will not infringe on the rights of any third parties (subject to my obligation to notify Producer of any third party interest or ownership in the Original Music, as set forth in Paragraph 8 above); and, (ix) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant.
(b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, NBCUniversal, and any of the Released Parties (as defined in Paragraph 11 below) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Released Parties or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other materials that I may have provided or may provide in connection with my application for the Program (e.g., recordings, videos, photos, etc.) (collectively, the “Materials”) (except for the Original Music, which shall instead be subject to the terms of Paragraph 8 above), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials (including the tradenames, trademarks, logos and other intellectual property as it may appear in the Materials) and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any Original Music in connection with my application for the Program, I represent and warrant that, except in the event I am subject to an exclusive recording or publishing agreement, I (with any co-owners or co-writers of the Original Music as set forth in the American Song Contest Casting Application) own all rights to such Original Music and that no third party has any right, title or interest in and/or to the Original Music, and, if I am selected to be a participant on the Program, I grant Producer the right to record, reproduce and publicly perform any such Original Music in and in connection with the Program as set forth in Paragraph 8 above. I understand that the Original Music may be edited, altered, or modified by Producer or by any of the other Released Parties and I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and NBCUniversal for the use of any such Original Music in connection with the development, production, distribution, advertising, promotion, exhibition or other exploitation of the Program as described in paragraph 8. If I do not hold all rights in or to the Original Music, I agree to use my best efforts to assist Producer in obtaining the same rights for use of the Original Music as I am granting herein from any third party having rights in the Original Music, consistent with the terms hereof. I understand, acknowledge and agree that if I do not have all rights in and to the Original Music, or I am unable to obtain all necessary rights in and to the Original Music, Producer may elect to discontinue considering my possible participation in the Program. I further agree that Released Parties may use my Likeness, the Original Music and the Materials in connection with any promotion, publicity, marketing or advertisement of the Program, its exhibitor(s), Producer or NBCUniversal. I understand that I will not be paid any money for giving Released Parties these rights or for signing this application.s
(c) I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in my application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, any branch of the military, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, I specifically authorize investigation of my employment records, medical records and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, and consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program, to the maximum extent permitted by law.
(d) I hereby authorize Producer and any person or entity designated by Producer to conduct psychological and physical examinations of me as required by Producer, in Producer’s sole discretion to the maximum extent permitted by law. I further authorize the individuals conducting such examinations of me to disclose to Producer and their representatives all information about me obtained in connection with such examinations, and authorize Producer to utilize such information in selecting participants for the Program. Additionally or in the alternative (in Producer’s sole discretion), I will, if requested, provide Producer with certification from my personal physician stating that I have no medical condition that would prevent me from participating in the Program, and that engaging in the Program would not endanger my health in any way or give rise to any medical condition or exacerbate any medical condition I may have. Additionally, I agree to inform Producer at all times that Producer asks about matters relating to communicable illnesses and safe production of the Program, including, without limitation: (i) any medical symptoms I may have if such symptoms are associated with a communicable illness or may otherwise affect the ability of myself or others to safely participate in the Program or affect the health or safety of myself or others after participation has concluded; (ii) my travel history prior to the commencement of any production periods; (iii) any recent contact I may have had with others who have displayed symptoms of or have otherwise been confirmed to have a communicable illness prior to the commencement of any production periods; and (iv) whether I am subject to an active public health order issued by a civil authority or any similar public health mandate (e.g., order to quarantine, order to stay at home, order to disclose communicable illness). (For the avoidance of doubt, the foregoing is not intended to require disclosure of HIV status except as required or permitted by law.)â¯ In addition, I agree to cooperate with Producer’s inquiries related to public health matters and to follow Producer’s related rules and processes, including, but not limited to, disclosures or processes recommended or required by public health authorities to protect the health and safety of Program participants and others.
(e) I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and NBCUniversal in their sole discretion. I understand that the participant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, NBCUniversal, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
f) I further acknowledge and agree that Producer reserves the right to consider and select participants who are not able to attend any open casting call and that Producer shall have sole discretion and control over every aspect of selecting participants, and Producer’s decisions on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal.
- CONFIDENTIALITY. Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or NBCUniversal: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to NBCUniversal, the business of Producer or NBCUniversal, any program produced by Producer or exhibited by NBCUniversal, including, without limitation, any information concerning or relating to the Program, the participant selection process, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer or NBCUniversal at any time(collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by NBCUniversal by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer or NBCUniversal result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and NBCUniversal irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and NBCUniversal shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me.
- Casting and pre-production may involve activities and take place at locations that may be hazardous and dangerous and that may expose me to risks of severe physical, emotional, and mental stress, injury, or illness whether or not I participate in the activities, and may carry with them the risk of death, serious physical injury, extreme emotional distress, physical illness, non-consensual physical contact and loss of property. Such activities may include exposure to people who have communicable illnesses. I understand the risks of participating in such activities, and while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, I freely consent to and assume such risks. Producer does not make any representations or warranties about other applicants, Series participants, or of any other person whom I may encounter in connection with the Series, including the health of any such person.
- RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my participation in or in connection with the Program, including, without limitation, the recording of my Likeness and the Materials, my participation in the participant selection process of the Program, use of Original Music as permitted herein and any exploitation of the Program, my Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue the Released Parties as a result of the recording or use of my Likeness or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of Network, Comcast Corporation, any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
- As used herein, “Producer” shall include Propagate, its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.
- CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
- MEDIATION & ARBITRATION. The parties agree that if any controversy or claim arising out of or relating to this application cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS 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 JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”, including, without limitation, TO THE MAXIMUM EXTENT PERMITTED BY LAW, the rule providing that each party shall pay pro rata its share of jams fees and expenses). THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM, AND A FURTHER COPY OF THE JAMS RULES SHALL BE PROVIDED TO ME BY PRODUCER UPON REQUEST. THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE (i) AN EXPERIENCED ARBITRATOR, WHO IS EXPERIENCED IN THE ENTERTAINMENT INDUSTRY, AND LICENSED TO PRACTICE LAW IN CALIFORNIA, OR (ii) A RETIRED JUDGE. All proceedings brought pursuant to this paragraph will be conducted in the county of los angeles. 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. THE PARTIES AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, THE DAMAGES RECOVERABLE BY THE PARTIES SHALL BE LIMITED TO ACTUAL DAMAGES, AND SUCH PARTIES WAIVE THE RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES THE PARTIES TO ANY DISPUTE HAVE WAIVED HEREIN. FURTHER, I AGREE THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER, NETWORK AND THEIR LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN ANY INJUNCTIVE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANTING ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING. TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY: THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
- ELECTRONIC SIGNATURES. This application may be executed by original, facsimile or electronic signature. Any signed copy of this application delivered by facsimile or electronic transmission shall for all purposes be treated as if it had been delivered containing my original signature, and shall be binding upon me in the same manner as though an original signed copy had been delivered.
- SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by law.
To learn more about how Producer collects and uses your personal information in connection with this production, refer to Producer’s Privacy Notice at https://www.americansongsubmissions.com/legal/privacypolicy. To the extent NBCUniversal also collects and uses your information as a participant in connection with the production, please see http://nbcuniversal.com/privacy/participant. These notices may be updated from time to time.
I have read, understand, and agree with the foregoing. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION.