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“Wish - Let’s Fly to Japan” Terms & Conditions:

 

“Wish - Let’s Fly to Japan” (the “Program”) is an audition event that takes place in the U.S., featuring singers, dancers, magicians, comedians, and other performers of all ages competing to win the trip to Japan and other opportunities as described on the website. By participating in this audition (the “Audition”) and submitting an audition application (“Audition Application”) for consideration by TC Studio, LLC.(“Producer”) in connection with the Program, the Act (as defined below) acknowledges that it has read, understand and voluntarily agree to abide by these Audition Submission Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the Act submits its Audition Application. Additionally, please confirm that the applicant meets the Eligibility Requirements below. 

 

 

As used herein, “User” will refer to the individual who completes the data fields on the Audition Application and submits it. User must be at least eighteen (18) years of age and, if registering on behalf of a person under eighteen years of age (each a “Minor”), must be authorized to act on behalf of such person (i.e., a parent or guardian).

 

(A) Eligibility Requirements:

  1. Participants to an “Act” must perform alone. Any participant in an Act that is under the age of eighteen (18) as of the date of submission must have his or her parent or legal guardian’s permission to participate in the Audition.

  2. The User must be at least eighteen (18) years of age and, if registering on behalf of a person under eighteen years of age (each a “Minor”), must be authorized to act on behalf of such person (i.e., a parent or guardian).

  3. Participants to an “Act” must either (i) be a United States citizen; (ii)be a legal permanent resident of the United States; (iii) possess a current employment authorization card (EAD card) or have unrestricted employment authorization; or (iv) be in the United States legally at the time of the initial audition. Participants to an "Act" will be required to show proof of unrestricted employment authorization or have appropriate visa status in the United States that allows them to compete in the event.

  4. If the participant in an "Act" is a Minor as of the date of submission, the Act MUST have a parent or legal guardian submit the Act’s application on the Act’s behalf. This of-age parent/legal guardian will register as the User and may be asked to show proof that s/he is the parent or legal guardian or at least one member of the Act and authorized to bind the Act to the terms of these Terms and Conditions.

(B) Audition and Program

  1. If the Act is selected to progress in the audition process to the callback round of the competition, the Act will be required to provide or arrange for the Act’s own travel to the audition callback. If the Act is a Minor, then the Act’s parent or legal guardian must accompany him/her to the audition callback and may also provide or arrange for his or her own travel to the audition callback.

  2. Further Documentation: In the event Producer chooses the Act to participate in the auditions, the Act will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Participant Agreement and Release and Confidentiality Agreement. In addition, if the Act is selected as one of the finalists in the Audition, the Act will be required to complete an extensive background questionnaire and will be subject to a thorough background investigation and other examinations, at Producer’s discretion. In addition, the Act may be required to sign a recording contract, songwriting contract, talent management contract, live stage/touring contract, and/or merchandising contract at Producer’s discretion. If the Act is a Minor, both the individual and his/her parent or legal guardian must sign each of the forms and cooperate in having the forms court approved, if and when requested by Producer. The Act’s family and/or guests should be prepared to sign releases concerning the possible taping and/or recording of their name, likeness, voice, conversation, etc. ALL FORMS INCLUDING BUT NOT LIMITED TO THE AUDITION APPLICATION MUST BE FILLED OUT COMPLETELY WHERE MARKED NECESSARY AND TRUTHFULLY. IF THE ACT FAILS TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, THE ACT MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.

  3. Disqualifications: Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from the audition process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being chosen to audition and/or compete at any level in the process does NOT ensure that the Act will be selected to continue to the next stage of the competition process.

  4. By submitting the Audition Application, photo, and participating the audition, the Act hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicensable and freely 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 filmed and/or online streamed Audition contents for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of Producer, Event Sponsors, and Participated Partners, and Producer, Participated Partners and Sponsors’ network of Internet websites, 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 Producer, and/or their respective partners may distribute content to end users, whether now existing or hereafter developed (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 the Act. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or their respective partners Entities, these rights include, without limitation, the absolute right to edit and/or alter any Audition Contents distribute and synchronize all or any portion of the Audition Content 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 the Audition Content; to encrypt, encode and decode, and compress and decompress all or any portion of the Audition Content; 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 the Audition Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Audition Content; and to excerpt and/or extract portions of the Audition Content in order to host, store, index, categorize and display the Audition Content on or through the Platforms.

  5. Representations and Warranties / Indemnification: The Act agrees to indemnify and hold harmless the Producer and their respective partners’ Entities, and each of them, 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 the Act hereunder.

  6. Conditions of Participation: This Audition is subject to all applicable federal, state, and local laws. The Act hereby: (a) agrees that Producer and their respective partners’ Entities shall have no liability whatsoever for, and shall be held harmless by the Act 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 Audition or any related activity; (b) release the Producer Entities and their respective 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 Audition and from injuries or damages arising in connection with or relating to participation in this Audition; and (c) waive any right to claim ambiguity in the Audition or these Terms and Conditions. Producer and their respective partners reserve the right to modify these Terms and Conditions, remove suspect Audition Applications, and/or cancel, terminate, or suspend any portion of this Audition at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of the Program rules, violation of any of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change the Program rules and procedures at any time. Being chosen to audition and/or compete at any level in the competition does NOT ensure that the Act will be selected to advance to the next stage of the competition process and/or the “Wish - Let’s Fly to Japan” program.

  7. Privacy Policy: By participating in the Audition, the Act grants the Producer Entities permission to share the Act’s email address and any other personally identifiable information with the other Producer Entities for the purpose of this Audition and/or the production of the Program.

  8. Nature of Relationship / Waiver of Equitable Relief: The Act understands and acknowledges that the Producer Entities have wide access to ideas, stories, designs, and other literary materials and that new ideas are constantly being submitted to them or being developed by their own respective team members and partners. The Act acknowledges that many ideas may be competitive with, similar, or identical to the Audition Content and/or each other in theme, idea, format, or other respects. The Act acknowledges and agrees that the Act will not be entitled to any compensation as a result of the use by the Producer Entities of any such similar or identical material. The Act acknowledges that, with respect to any claim by the Act relating to or arising out of the actual or alleged exploitation or use of any material submitted in connection with the Audition by any Producing Entity, the damage, if any, thereby caused to the Act will not be irreparable or otherwise sufficient to entitle the Act to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Content or the Program or any other production based on or allegedly based on the Audition Content or the Program, and the Act’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 participating in this Audition, the Act agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Audition, 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 participating in the Audition, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Act be permitted to obtain any award for, and the Act 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. The Act acknowledge and agree that the Producer Entities, their agencies, participated partners, sponsors, 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 submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer Entities or otherwise, that may limit an participant’s ability to participate in this Audition; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Audition 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 Audition (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 participant’s rights of publicity or privacy); or (iv) any claim by the Act for defamation or portrayal in a false light. Producer Entities assume no responsibility for any damage to the Act’s computer system, which is occasioned by accessing the Audition Website, or participating in this Audition, or for any computer system, phone line, hardware, software or program 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. Producer reserves the right, in its sole discretion, to disqualify any participant that violates the Audition Submission Requirements, tampers with the Audition process or operation of the Audition, or acts in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. 

  10. Important: Please Read Harassment & Cyberbullying Policy: By participating in this Audition, under no circumstances will the Act be permitted to the following behavior including but not limited to: any comments explicitly threatening someone, veiled or implied threats, revealing confidential personal information, encouraging people to harass someone else, demeaning language that goes too far, any hate comments or negative comments on any individual or this event itself, maliciously insults someone based on protected attributes such as their race, gender expression, or sexual orientation. This can include clickable URLs, and verbally directing users to other sites as well as other forms.

  11. If, for any reason, this Audition is not capable of operating as planned by reason of infection by computer viruses, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Producer corrupt or affect the administration, security, integrity or proper conduct of this Audition, Producer reserve the right, at their absolute discretion, to close the Audition Submission Period at any time, cancel, terminate, modify or suspend this Audition or take any other action deemed fair and equitable by Producer.

  12. 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 AUDITION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE AUDITION, 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 OR 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.

  13. IN NO EVENT WILL THE PRODUCER ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEBMASTERS/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 THE ACT’S PARTICIPATION IN THE AUDITION. 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 THE ACT OR MEMBERS OF THE ACT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

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