PLEASE REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.  THIS AGREEMENT GOVERNS YOUR SUBMISSION.  IF YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE INDICATE YOUR CONSENT BY CLICKING THE “I ACCEPT” ICON BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT ACCEPT” ICON BELOW. DO NOT SUBMIT ANY MATERIALS IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.

GUIDELINES FOR SUBMISSIONS AND REPRESENTATIONS:

Submissions: The term “Submission” shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to NBC Subsidiary (KNBC-TV), Inc.  (‘KNBC”) through this website or otherwise.

1.  ORIGINALITY:  KNBC is only interested in your original work.  You represent and warrant that (i) your entire Submission is an original work by you and you have not copied or used other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) in or in connection with your Submission; (ii) no person or entity other than you has any right, title or interest in any part of your Submission; (iii) your Submission, the use thereof by KNBC, and/or the exercise by KNBC of any of the rights granted by you under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights; (iv) you have all of the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that your have granted to KNBC under this Agreement; and (v) you have obtained written permission when filming any part of the Submission on private property not owned or controlled by you.

2. PEOPLE IN SUBMISSION:  You represent and warrant that all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have given you their express written consent to submit the Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, including, without limitation, the internet and television, throughout the world, in perpetuity.  If you include pictures of anyone in or with your Submission, you must have their written permission to include their image in or with the Submission.  If you submit an image of someone who is under 18 years of age who is not your child, you must have the written permission of that child’s parent or legal guardian.  You further represent and warrant that anyone who was engaged by you or who appears in the Submission: (i) has no claims for payment of any kind, including, without limitation, for royalties or residuals, arising out of any use, exhibition or other exploitation of the Submission; (ii) has no approval or consultation rights or any rights of participation with respect to any use, exhibition or other exploitation of the Submission; and (iii) was not engaged by you or anyone associated with the Submission under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission. 

3. APPROPRIATENESS: Submissions must not contain material that is violent, pornographic or otherwise obscene, illegal or racially or otherwise morally offensive. 

4. AGE: You represent and warrant that you are a legal resident of the United States, that you are over the age of 18, and that you have reached the age of majority in your state of residence.

5. NO PAYMENT FOR SUBMISSION:  You understand that you will not be paid any money for submitting your Submission, for granting the rights to your Submission set forth in this Agreement to KNBC, or for agreeing to the terms and conditions set forth herein.

6. RIGHTS GRANTED TO KNBC:

(a) RIGHTS IN SUBMISSION:  By sending KNBC your Submission, you hereby acknowledge and agree that you are granting KNBC, its licensees, successors and assigns, the perpetual and irrevocable, non-exclusive right and license to: (a) reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Submission to appropriate media formats, standards or mediums;  and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Submission (in whole or in part and as altered by KNBC in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on whipnotic.com on other websites, on the NBC television network, and on all owned and affiliated broadcast and cable networks and stations, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for whipnotic.com, other websites, KNBC, the NBC television network and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all “moral rights” you may have in the Submission.

 Without in any way limiting the foregoing, you acknowledge and agree that KNBC, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to KNBC under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Submission.   You acknowledge and agree that KNBC, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you to KNBC hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission.  Nothing in this Agreement obligates or may be deemed to obligate KNBC to exercise any of the rights granted by you to KNBC under this Agreement.

You grant the rights hereunder whether or not your Submission or any part thereof is actually used by KNBC. You acknowledge that your consideration for the rights you grant KNBC in your Submission is the possibility that KNBC or its designees will review or use your Submission. You will not receive any further compensation of any kind for your Submission or the use thereof, and you will not receive credit for any use of your Submission. Your Submission will not be acknowledged or returned.  You acknowledge and agree that your Submission is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between KNBC and you by your submission of the Submission.
 
In addition to all of the legal and equitable rights and remedies available to KNBC in connection with this Agreement and your Submission, you acknowledge and agree that KNBC shall have the right, in its sole discretion, not to post the Submission on any website, to remove the Submission from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Submission in any manner whatsoever.  Furthermore, KNBC shall have the right to suspend or terminate your access to any KNBC or related website and refuse to grant you access to use any KNBC or related website in the future with or without warning if KNBC, in its sole discretion, believes you have: (i) violated or tried to violate the rights of KNBC; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement.  KNBC has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Submission.
 
 (b)  USE OF NAME AND LIKENESS: By sending KNBC your Submission, you also consent to the recording, use and reuse by KNBC, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by KNBC, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with whipnotic.com or related website, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.  You acknowledge and agree that KNBC, its licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable. 

7. OTHER SUBMISSIONS:  You recognize that other persons, including KNBC’s own employees, may have submitted to KNBC or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission.  You acknowledge and agree that KNBC shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of KNBC’s use of such similar or identical materials.  Nothing in this Agreement, or your submission of the Submission, shall be deemed to place you in any different position from any other member of the public. 

8. PORTRAYAL IN WEBSITE OR PROGRAM:  In and in connection with any website or program in which your Submission may be used, information of a personal, private, surprising, defamatory, disparaging, embarrassing or unfavorable nature, that may be factual or fictional, may be used and included regarding you and your Submission.  YOU UNDERSTAND THAT THE DEPICTION AND PORTRAYAL OF YOU AND YOUR SUBMISSION IN CONNECTION WITH ANY WEBSITE OR PROGRAM MAY BE DISPARAGING, DEFAMATORY, EMBARRASSING OR OF AN OTHERWISE UNFAVORABLE NATURE, MAY EXPOSE YOU AND YOUR SUBMISSION TO PUBLIC RIDICULE, HUMILIATION OR CONDEMNATION, AND MAY PORTRAY YOU AND YOUR SUBMISSION IN A FALSE LIGHT.  You further understand that any information regarding you and your Submission that KNBC may disclose in or in connection with any website or program may be more or less favorable than similar information disclosed by KNBC regarding others and their Submissions.  You understand and agree that KNBC shall have the rights to: (a) include any such information and any such depiction, portrayal, actions and statements in any website or program as edited by KNBC, in its sole discretion, and in any and all forms of advertisements, promotions and publicity for any website or program and any network or station that airs any such program; and (b) broadcast, exhibit and otherwise exploit any such program and advertisements containing any such information and any such depiction, portrayal or actions in any and all media, whether now known or hereafter discovered, throughout the world, in perpetuity.  You understand and acknowledge that, while such conduct might otherwise constitute an actionable tort, you have freely and knowingly consented to such conduct.