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Governing Law/Arbitration. This Agreement, the rights
and obligations of the Parties, and any claims or disputes relating in any way
thereto shall be governed by and construed in accordance with the internal laws
of the State of Colorado, without regard to its choice of law principles which
would require application of the laws of another jurisdiction. Any dispute between
the Parties arising out of or relating to this Agreement shall be submitted
to binding arbitration. The arbitration will be conducted in accordance with
the American Arbitration Association's Commercial Arbitration Rules as modified
by the terms of this Agreement. The arbitration shall take place in Jefferson
County, Colorado before a single arbitrator, selected pursuant to such rules,
and shall be conducted on an expedited basis and in strict confidence. The arbitrator
selected pursuant to these Official Rules shall be well acquainted with the
entertainment, Internet, and new media industries, and shall not have the power
to impose punitive damages. Each party hereby waives any and all rights and
benefits which it might otherwise have or be entitled to under federal law or
the laws of Colorado or any other state to litigate any such dispute in court,
it being the intention of the parties to arbitrate all such disputes. The arbitrator's
decision shall be controlled by the terms and conditions of these Official Rules,
and any other agreements the applicable Registrant may have entered into with
Promoter in connection with the Contest, and shall be final and binding, and
shall provide for each party to bear its own costs of arbitration and attorneys'
fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award
of the arbitrator may be entered or enforced in any court of competent jurisdiction.
If either party shall fail to appear at the hearing on the date designated in
accordance with the rules of the American Arbitration Association, or shall
otherwise fail to participate in the arbitration proceeding, the arbitrator
is hereby empowered to proceed ex parte. In the event of any dispute concerning
these Official Rules, or any other agreement between the applicable Registrant
and Promoter in connection with the Contest, Registrant's sole and exclusive
remedy shall be to seek damages pursuant to an arbitration authorized by this
Paragraph, and in no event will any entrant be entitled to seek injunctive or
other equitable relief. If you do not agree to these requirements (or any other
provision herein), do not participate in the Contest.
Representations and Warranties/Indemnification. Each Registrant who makes any
submission in connection with this Contest represents and warrants to Promoter
as follows: (i) the Registrant represents and warrants that they are not a member
of the Writers Guild of America. (ii) the submission, as applicable, is the
Registrant's own original, previously unpublished, and previously unproduced
work. (iii) the submission is wholly original with Registrant and as of the
date of submission, is not the subject of any actual or threatened litigation
or claim; (iv) the submission, as applicable, neither infringes upon nor violates
the intellectual property rights or other rights of any other person or entity;
(v) the submission, as applicable, does not and will not violate any applicable
laws, and is not and will not be defamatory, libelous, pornographic, or obscene;
(vi) the submission, as applicable, will be fair, impartial, and in good faith,
and will comply with these Official Rules (including, without limitation, requirements
related to sportsmanship) and the requirements set forth in any other agreement
Registrant may enter into with Promoter. Each Registrant hereby agrees to indemnify
and hold the Promotion Entities harmless 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 Registrant
hereunder.
Information submitted in connection with the Contest will be treated in accordance
with these Official Rules, provided that in the event of any conflict between
these Official Rules and such Privacy Policy, the terms and conditions of these
Official Rules shall prevail.
Invalidity/Headings. The invalidity or unenforceability of any provision of
these Official Rules 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 Official Rules 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. Headings and captions
are used in these Official Rules solely for convenience of reference, and shall
not be deemed to affect in any manner the meaning or intent of these Official
Rules or any provision hereof.
Winners List. After the end of the Contest Period, the name(s) of the Winning
Screenplay Contestant will be posted to the Contest Site.
Adult Status: I HAVE READ AND FULLY UNDERSTAND THIS SUBMISSION AGREEMENT AND
RELEASE. I represent and warrant that I am at least 18 years of age.
This Submission Agreement and Release is entered
into as of __________,2004
AGREED AND ACCEPTED:
________________________________
(Signature)
Name: ___________________________
(Print)
Date of Birth: ______________________
PLEASE USE AN ADDITIONAL AGREEMENT IF THERE ARE MORE AUTHORS.