“THE NEXT MACGYVER” COMPETITION SUBMISSION RELEASE AGREEMENT This submission release agreement (the “Agreement”) is made and shall become effective as of the date of submission by the Entrant as defined below (the “Effective Date”), by and between University of Southern California Viterbi School of Engineering and the National Academy of Engineering (the “Sponsors”), on the one hand, and myself (“Entrant”), on the other hand. This Agreement concerns my rights to my work after submission to “The Next MacGyver” Competition (the “Competition”) and also limits certain causes of action I may assert against Sponsors, the judges, and the mentors in connection with the Competition.
I, THE ENTRANT, ACKNOWLEDGE, UNDERSTAND, REPRESENT AND AGREE:
1. I am submitting to the Sponsors certain material, ideas, themes, plots, stories, characters, dialogue, titles or creative work whether in writing or other format, (hereinafter referred to as “Competition Materials”) in connection with the Competition.
2. The Sponsors, judges and mentors would not agree to accept, consider or evaluate Competition Materials unless I have agreed to the terms and conditions set forth here.
3. No confidential, agency or fiduciary relationship exists between me and the Sponsors, judges, or mentors and no such relationship is created by submission of the Competition Materials.
4. No obligation or duty of any kind is assumed or may be implied against the Sponsors, judges or mentors by reason of the review by Sponsors, judges, or mentors of the Competition Materials.
5. The Sponsors, judges and mentors assume no responsibility for or liability in connection with any sale by me of the Competition Materials.
6. I acknowledge that the Sponsors and judges shall have no obligation to edit, retain or provide feedback on the Competition Materials.
7. I am the sole owner, author and/or rights holder of the Competition Material, and that I have the exclusive and unconditional right and authority to submit the same to the Competition upon the terms and conditions stated herein.
8. To the best of my knowledge and after reasonable inquiry, the Competition Materials do not and will not infringe upon or violate any third party’s legal rights (including but not limited to copyright, trademark rights, rights of publicity, right to privacy, etc.).
9. I shall defend, indemnify, and hold the Sponsors, judges, and mentors harmless against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the Agreement.
10. I acknowledge and agree that the Sponsors, judges and mentors have access to and/or may create or have created literary materials which may be similar or identical to Competition Materials in theme, plot, format or other respects. I will not be entitled to any compensation, and may not pursue any action, in law or equity, incident to the use of any such similar or identical material, including without limitation, a claim based on the Sponsors, judges and/or mentors’ alleged copyright infringement or misappropriation of the Competition Materials.
11. I release the Sponsors, judges, and mentors of and from any and all losses, claims, demands, liabilities, and expenses (including reasonable attorney’s fees and costs) of every kind whatsoever, known or unknown, that may arise in connection with the Competition Materials, or by reason of any claim now or hereafter made I may assert against the Sponsors, judges, or mentors.
12. The Sponsors, judges and mentors are not responsible, and will in no event be held liable, for any:
- (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted, or garbled entries;
- (b) telephone, computer, or network malfunction or error;
- (c) communication disruption or other disruptions related to Internet traffic, virus, bug, work, or non-authorized intervention; or
- (d) damages caused by a computer virus or otherwise resulting to any computer from the submission of entries. If the Competition is terminated before the scheduled end of the Competition period, the Sponsors and judges will determine the winner from all eligible entries received as of the termination date.
13. I have read and understand the Agreement and acknowledge that no oral representations of any kind have been made to me, and that this Agreement sets forth my entire understanding with respect to my participation in the Competition.
14. While the Sponsors will make good faith efforts to ensure the continued participation of confirmed judges and mentors, a judge or mentor may cancel and the Sponsors make no guarantee as to the continued participation of initially confirmed judges and mentors.
15. If any provision of the Agreement or part thereof is held to be invalid, unenforceable or contrary to public policy, then the remainder of this Agreement shall remain valid and fully enforceable.
16. Any and all disputes that arise with respect to this Agreement and concerning this Agreement, including the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration under the applicable rules of the Judicial Arbitration and Mediation Service. I hereby waive any and all rights to litigate any such dispute in court and waive the right to have my case decided by a jury. The arbitration shall be conducted in the County of Los Angeles, State of California, and except as herein expressly provided otherwise, the arbitration shall be governed by and subject to the laws of the State of California and the then prevailing rules of the Judicial Arbitration and Mediation Service. *