SMORGASBORD PRODUCTIONS CONTEST DISCLAIMER
This contest for educational purposes with the express intent of encouraging aspiring writers to pursue their craft. Neither Smorgasbord Productions nor its partners claim to hold any right or title over the characters, anorexia situations, stories or other intellectual property presented. All characters and materials remain the property of their owners. As with all fan fiction it is distributed free of charge, not for profit. By entering the contest, your work remains your property, but you grant permission for Smorgasbord Productions to record the performance of the script for Internet broadcast.
SMORGASBORD PRODUCTIONS POLICY CONCERNING SUBMISSION OF IDEAS AND OTHER MATERIALS
SMORGASBORD PRODUCTIONS wishes to acquaint all those who have been kind enough to submit materials, including ideas, scripts, literary material, artwork, video and musical compositions, with the problem that faces us in reviewing, investigating, inspecting and evaluating these materials.
Much of the material that is now being submitted embodies materials, suggestions or ideas substantially similar or identical to those which have been developed by our staff or which have been submitted by others. Further, we may begin using material similar or identical to yours which we received after the date of your submission. Accordingly, we feel that we can receive and review materials only if it is left up to us to determine whether we have in fact used these ideas and to decide what compensation should be paid in event of use.
Because of this, it is our policy to require the signing of the enclosed release before considering any solicited or unsolicited material. Please read the release carefully and submit your scripts only if you agree with the following release. Your submission of materials under this contest is equivalent to a signature agreeing with the terms outline below.
SUBMISSION RELEASE – SMORGASBORD PRODUCTIONS
You have indicated that you wish to submit to Smorgasbord Productions (“SP”)
certain ideas, scripts, proposals, marketing or promotional plans, program formats, treatments, artwork or other material (the “Material”). By your electronic signature below and submitting your material to us, you confirm that you have read the enclosed SP policy concerning the acceptance of the Material, for review, and you also accept the terms of this letter agreement (referred to herein as the “Release” or the “Agreement”).
The following shall constitute our agreement with respect to the Material:
1. In consideration of your agreement to the terms and conditions set forth below, SP agrees to cause its appropriate employee having the duty of evaluating material of the type now being submitted by you to review your Material.
2. You acknowledge that there does not now exist, nor has there ever existed, nor will there exist, a fiduciary relationship between you and SP. You requested this opportunity to submit your Material to SP and you make this submission voluntarily either on a solicited or unsolicited basis.
3. You acknowledge that this Release covers and governs any and all of the Material, whether first submitted to SP contemporaneously with, or prior to, or following, the execution of this Release, and applies also to any submission of the Material made to SP by another source, directly or indirectly, by or through you.
You warrant that you are the sole and exclusive creator, author and owner of the Material, and that to your knowledge no one else has any right to the Material.
You further warrant that no rights in the Material have previously been granted to anyone nor has the Material otherwise been exploited in any way. You believe your Material and its features to be unique and novel.
However, you cannot and will not assume or infer from the fact that SP will accept your offer to submit your Material to SP, that SP regards your Material, or any part thereof, as novel, valuable or usable. You recognize that other persons including SP employees may have submitted to SP or to others or made public, or may hereafter originate and submit or make public, similar or identical material which SP shall have the right to use, and you understand that you will not be entitled to any compensation because of SP’s use of such other similar or identical material. Subject to the foregoing provisions, SP will not make any use of any legally protectable portion of your Material unless you and SP have agreed in a writing signed by both parties concerning your compensation for such use, which compensation shall in no event be greater than the compensation normally paid by SP for similar Material from comparable sources.
4. Any controversy arising out of or in connection with this Agreement, including without limitation any claim that SP has used any legally protectable portion of your Material in violation of the terms hereof, shall be governed by the laws of the State of California, and the parties consent to the jurisdiction of the state and federal courts of California for the resolution of such matters. In the event of such controversy you agree that you shall assert such claims not later than six (6) months after the date on which you first learned (or reasonably should have been aware) of SP’s use or intended use of any portion of the Material. You further agree that your rights and remedies, if any, shall be limited to an action to recover money damages in an action at law, and without limitation of the foregoing, you expressly agree that you shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising, and/or promotion of any of SP’s programming, promotional or marketing plans, and/or any of the subsidiary rights in connection therewith.
5. You have retained a copy of this Release and of your Material, and you release SP from liability for loss or damage to the Material. You also acknowledge and agree that SP is not obligated to return your Material to you and, accordingly, SP may destroy the Material and you release SP from liability for destruction of the Material. SP’s review of your Material constitutes SP’s acceptance of the terms and conditions set forth herein, and SP shall have relied upon your agreement herein in considering your Material for review. SP agrees to use reasonable efforts to keep all the Material confidential. 6. This Release constitutes our entire understanding and agreement, and supersedes all prior understandings, whether written or oral. Any subsequent modification or waiver of this Release must be in writing, signed by both of us. The invalidity of any provision hereof is not to affect the remaining provisions.
7. You are executing this Release voluntarily, without coercion or undue influence from any source, and do so with complete understanding of all of its terms and effects, and every portion thereof.
8. As used in this Release, the terms “you” and “your” includes and binds the undersigned and any and all legal representatives of the undersigned. As used in this release, the terms “SP” and “we” includes and inures to the benefit of Smorgasbord Productions, and their successors, assigns, employees, officers, directors, licensees, and associated companies and individuals.