MAKING THE BAND
CASTING AND AUDITION PROCESS RULES
The information and rules included below (“Audition Rules”) include important information and legal requirements related to your voluntary decision to participate in the casting and audition process for “Making the Band”. You should read all information carefully and make sure you understand it and agree to it before you spend any time or effort related to the Program (as defined below). These Audition Rules indicate Producer’s (defined below) current plans and are subject to modification, change, revision, withdrawal, and/or replacement by Producer, in its sole and absolute discretion, at any time. Check the Program website at www.makingthebandcasting.com from time to time for the most updated version of the Audition Rules.
BRIEF PROGRAM OVERVIEW
“Making the Band” (the “Program” or “Series”) is a reality-based musical talent competition program intended for initial exploitation on television and/or digital platforms in which Sean “Diddy” Combs and his team (“Diddy”) are seeking to form one or more “ultimate new musical group” (each a “Band”). The Program is being produced by Entertainment One Reality Productions, Inc. or its designee, (together with their respective parent, assigns, subsidiaries, and affiliated companies, individually and collectively, “Producer”). The Program is currently anticipated to be produced primarily in and around Los Angeles, California and is intended for initial exhibition on one or more of Viacom Media Networks’ platforms and/or third party platforms including, without limitation, SVOD exhibitors (collectively, the “Network”).
During the course of the Program, eligible individuals selected by Diddy, Producer and Network, in their sole discretion, to potentially participate in the Program (the “Participants”) will be required to participate in various music business-related tasks, activities and/or challenges, such as rapping/singing/dancing/performing activities as determined by Producer (each, a “Challenge” and collectively “Challenges”) in an effort to continue to move forward on the Program for a chance to ultimately be named a Program “winner” and member of the Band.
Following the audition and casting phases of the Program (as detailed briefly below), those Participants selected by Diddy, Producer and Network, in their sole discretion, to move forward in the Program will be required to temporarily move into one or more Program “houses” or other accommodations determined by Producer (currently anticipated to be located in or around Los Angeles, California) during development and/or production of the Program. Production of the Program is currently anticipated to take place over several weeks in 2020, although production periods and locations will be determined by Producer in its discretion. Participants may receive advice and/or training from vocal, music, style and/or choreography specialists retained by Producer (collectively, “Advisors”) in connection with the Program and/or specific Challenges, although Producer is not required to offer the assistance of any Advisors.
Participants selected to move forward on the Program following the initial audition and casting phases of the Program will receive additional rules and instructions, including the official Program Rules (the “Program Rules”) and which may also include individual challenge and/or activity rules. Participants will be required to execute additional binding legal documents, to be provided by Producer in its discretion.
- ELIGIBILITY REQUIREMENTS: You understand that you must meet the following eligibility requirements (“Eligibility Requirements”) in order to submit audition materials for the Program, participate in an in-person casting or audition (if applicable), or any other phase of audition and/or casting and any subsequent participation in the Program, and by submitting materials and/or participating in casting or audition activities, you hereby certify that you meet all such requirements and will continue to meet such requirements throughout production of the Program:
- You must be at least 18 years of age or older as of the date of the recording of your video submission audition, or other participation in the audition and/or casting process (as applicable), whichever occurs first. You are willing and able to provide Producer with (i) two (2) valid forms of identification showing proof of your age and photo identification (e.g., a certified copy of your birth certificate, driver’s license, passport, etc.) and/or (ii) your Social Security card, in connection with your participation in the Program.
- You must be a U.S. citizen, a legal permanent U.S. resident, or possess the appropriate U.S. employment authorization that permits you to participate and compete in the Program and engage in any post-Program agreements and/or related employment in the U.S, such as but not limited to, a recording, appearance or other services agreement (if awarded by Diddy, Producer and/or Network). Prior to the beginning of the competition portion of the Program, each potential participant must demonstrate, to Producer’s satisfaction, compliance with this requirement in order to move forward as a Participant in the development of the Program.
- At the time of your submission of any materials or other participation in the audition and/or casting process (as applicable), whichever occurs first, and in order to participate further in the development and production of the Program, you will be required to provide valid proof of unrestricted employment authorization to work in the U.S. during the open casting and audition stages, as well as all production periods for the Program, and in connection with Program-related prizing, post-production interviews and other contractual requirements. All decisions in these matters will be determined by Producer and Network in their sole discretion. This means that there are restrictions on the ability of non-U.S. nationals and non-U.S. residents to participate in and potentially move forward in the Program.
- You agree to personally complete, execute and deliver to Producer and/or Network any and all requested and/or required documentation and/or back-up materials Producer and/or Network may deem necessary or advisable to establish your identity, your ability to meet the eligibility requirements set forth herein, including eligibility under the U.S. Immigration and Reform Act and/or any related regulations and/or procedures, and you represent and warrant that you will make any and all necessary payments to applicable governmental agencies or authorities as may be legally required to comply with the foregoing and that such costs shall be your sole responsibility.
- You agree that if you are selected to continue onto the primary competition phase of the Program, you will be required to travel to and reside at one or more locations in the U.S. (currently anticipated to be Los Angeles, CA) for several weeks at any time in 2020 (the “Production Period”, or as otherwise scheduled by Producer) and you represent and warrant that you are willing and able to do so. You understand that you must be able to legally remain in the U.S. for the entire Production Period, as well as for any periods required for promotion of the Program and fulfillment of any and all contractual obligations under all Program-related documentation (including prizing related obligations, post-production interviews and other contractual requirements, which may include, without limitation, recording, touring, and/or personal appearance contract(s), if awarded by Diddy, Producer and/or Network). You understand that all expenses for all audition-related submissions and/or other participation in the audition and/or casting process will be at your own expense.
- You certify that as of the date of the recording of your video audition or other participation in the audition and/or casting process (as applicable), whichever occurs first, you are not a party to a music recording contract, a talent contract, an acting contract, a touring or performing contract, a merchandising, endorsement or promotion contract, a music publishing contract or any other contractual arrangement that would prohibit or restrict you from entering into or performing under, or result in payment, approval or other benefit to a third party as a result of your entering into or performing under, a recording contract, talent contract, touring or performance contract, acting contract, merchandising, endorsement or promotion contract and/or music publishing contract, and if you enter into any such contract, agreement or other arrangement following submission of your audition materials or other participation in the audition and/or casting process (as applicable), whichever occurs first, you must immediately notify Producer and you may be disqualified from further participation in connection with the Program (it being understood that if you are selected to continue in the Program, the Program-related documents will restrict your ability to enter into any such arrangements for a certain period of time surrounding production of the Program).
- You are not currently a candidate for public office, and if selected to participate further in the production of the Program, you agree not to become a candidate for public office until one (1) year after the initial broadcast or other exhibition of the last episode of the Program in which you appear.
- You do not presently have any knowledge of or access to anyone with knowledge of or access to any details of about the Program other than what is disclosed in these forms and/or on the Site, or any other material, assignments, challenges or competitions that may be incorporated into the Program.
- You must be willing and able to comply with all Program Rules and other instructions, requirements and directives of Producer in the event you are selected to be a Participant in the Program.
- You understand that you must disclose to Producer prior to submission of your audition materials if you or any of your immediate family members (spouse, ex-spouse, parents, siblings, children, step-children) or household members (whether or not related) may be, or have been within the past two (2) years, an employee, contractor, owner, officer, director or agent of any of the following, or if you personally know anyone who is now or has been in the past two (2) years, an employee, contractor, owner, officer, director or agent of any of the following:
- Producer, or any of its licensees, assigns, parents, or affiliated or subsidiary companies or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;
- Network or any of its licensees, assigns, parents, or affiliated or subsidiary companies or affiliated entities or their platforms, broadcast networks and studios, cable networks and studios;
- Enteractive Solutions Group, Inc. and Sullivan Compliance Company (“SCC”);
- Combs Enterprises; Combs Wines And Spirits; Blue Flame; Bad Boy Marketing; CE Spirits; Revolt Television; Revolt Films; Bad Boy Films; Bad Boy Entertainment; Bad Boy Records; Janice Combs Management; Janice Combs Music Publishing; Jessie and D Lila LLC; CeOpCo, Inc.; Daddy’s House Recording Studio; Daddy’s House Social Programs; Sean John; and Capital Preparatory School;
- City Media Entertainment and Major Casting;
- Any sponsor of the Program or its advertising agency; or
- Any person or entity supplying services, products or prizes to the Program (all of the foregoing, collectively, the “Companies”).
- You understand that if you are closely acquainted with any person connected with the development, production (including, without limitation, any other participants), administration, compliance, judging, prize fulfillment or exploitation of the Program or any of the Companies, you may not be eligible to participate further in the Program if Producer and/or Network determines, in its sole discretion, such relationship may cause result in an unfair advantage or other appearance of impropriety. However, depending upon the circumstances, persons with such relationships or acquaintances may still be permitted to participate in the Program, in Producer and Network’s sole discretion, provided such relationships and acquaintances are properly disclosed. Each such situation will be evaluated by Producer and Network on a case-by-case basis.
- You warrant that you have not been convicted of a felony and are not a registered sex offender (each, in the U.S.) or a comparable level crime or status in any other country in the world.
- You agree to voluntarily submit to and complete a background check, in accordance with applicable U.S. laws and execute all documents required by Producer in connection with such background check.
- You warrant that you are in excellent physical and mental health and, if you are selected to participate in the Program, you agree to submit to any examinations that may be conducted by medical professionals selected by and paid for by the Producer and the certification of the medical professionals that you meet all physical and psychological requirements. Failure of any of these examinations could result in your elimination from the audition process and/or casting process and/or from the Program itself (if selected).
You acknowledge and agree that Producer and Network are relying on the accuracy of each of your statements above and your certification that you meet all of the foregoing eligibility requirements and will continue to meet them throughout production of the Program. You hereby warrant that any information provided by you to Producer is true and accurate and you hereby agree that if you discover or realize at any time hereafter that any of your statements above are inaccurate or incomplete and/or you discover or learn facts or circumstances that make your prior responses inaccurate or incomplete, that you shall immediately notify Producer. You understand that providing false, inaccurate, misleading or incomplete information will be grounds for your dismissal from the Program’s participant selection process and/or from the Program itself (if selected).
All eligibility determinations shall be made solely by Producer (which may be in consultation with Network) in its sole discretion and are final and binding in all respects.
ADDITIONAL ELIGIBILTY REQUIREMENTS AND PROCEDURES MAY APPLY TO ADDITIONAL AUDITION PHASES AND/OR METHODS AND/OR TO SUBSEQUENT ROUNDS OF THE PROGRAM AND/OR CASTING PROCESS, INCLUDING ELIGIBILITY REGARDING ABILITY TO LEGALLY WORK AND BE PRESENT IN THE UNITED STATES FOR THE DURATION OF THE PRODUCTION PERIOD.
PRODUCER RESERVES THE RIGHT TO MODIFY, AMEND, CHANGE, WITHDRAW OR REPLACE THE APPLICABLE ELIGIBILITY REQUIREMENTS OF EACH PHASE OF THE DEVELOPMENT OF THE PROGRAM AT ANY TIME. CHECK THE PROGRAM WEBSITE AT WWW.MAKINGTHEBANDCASTING.COM FOR UPDATES AND THE MOST RECENT REQUIREMENTS.
NOTE THAT WHILE THE AUDITION PROCESS AND/OR CASTING PROCESS IS OPEN TO GLOBAL CITIZENS, THE PROGRAM AND ALL RELATED ACTIVITIES ARE BEING PRODUCED IN THE UNITED STATES BY U.S. CITIZENS, AND AS SUCH ARE GOVERNED BY APPLICABLE FEDERAL AND STATE LAWS OF THE UNITED STATES.
You understand that even if you meet the Eligibility Requirements, Producer is not obligated to permit you to proceed with auditions or to select you as a Participant for the Program.
THE AUDITION PROCESS
How to Audition: If you meet the Eligibility Requirements, you can submit an online “audition” for Producer’s potential consideration by going to www.makingthebandcasting.com (the “Site”) or clicking HERE and carefully follow the instructions for online submission (more details below). You must complete and submit all required materials in order to be considered for potential participation in the Program. Producer currently expects to announce one or more open call in-person audition opportunities for the Program as well, at a later date, which you may choose to attend. The details of any open call in-person auditions will be announced on the Site, so if you would like to consider participating in an open call in-person audition, you should check the Site regularly for updates and further information. Producer reserves the right to add additional casting and/or audition mechanisms at any time, which may include potential casting activities via agencies, record companies, industry experts, invitation-only auditions, and/or other methods of identifying potential Participants.
In Person Auditions: As indicated above, Producer may announce open call in-person audition opportunities at a later date. The same Eligibility Requirements apply. To the extent other rules and/or procedures apply to open call in-person auditions, they will be disclosed on the Site at the time the open call in-person auditions are announced.
Online Audition Process:
Online Audition Period: Online auditions open on or about November 15, 2019. Click HERE or go to www.makingthebandcasting.com to submit your online audition. Online auditions will remain open until March 2, 2020 (the “Submission Deadline”). The Submission Deadline may be changed in Producer’s sole discretion, so you should continue to check the Site for any updates.
Pick a Song: Select from the list of songs on the Site that are permitted as audition songs (the “Approved Songs”). Only performances of Approved Songs will be considered and failure to comply may result in your submission being disregarded, at Producer’s discretion, although Producer reserves the right to require a replacement Video Audition using an Approved Song.
Record and Upload your Performance: Record yourself singing one (1) of the Approved Songs (your “Video Audition”), a cappella (i.e., with no backing music, beats (other than those you can make with your own body) or other sound effects, reverb or vocal enhancements are permitted) and follow the submission instructions to upload your video.
Additional Guidelines: You must sing at least one entire Approved Song (or up to five (5) minutes of an Approved Song if it is longer) in your Video Audition. Regardless of how many Approved Songs you sing in your Video Audition, it can’t be longer than five (5) minutes in total length. Dancing is permitted in your Video Audition and may be used as criteria for selecting Participants. Whether or not you dance in your initial Video Audition, Producer may contact you to submit another Video Audition including dancing (“Dancing Audition”). If you are requested by Producer to submit a Dancing Audition, it must be to an Approved Song or without music, and such Dancing Video can be no longer than two (2) minutes in length. Your Audition Video (and Dancing Video, if applicable) should be one continuous shot of you facing the camera (i.e., no editing or multiple takes) singing, rapping and/or dancing. Additionally, you must be the only person in your Audition Video and Dance Video, if applicable (i.e., you may not audition as a group or have other performers or any other persons in your Audition Video or Dance Video). You must not wear any apparel in the Video Audition that contains any logos or trademarks.
You may initially submit only one (1) Video Audition, unless you are contacted by Producer and requested to submit a Dance Audition, further Audition Videos or other materials as requested by Producer. Producer reserves the right to request additional Audition Videos from certain individuals, but Producer is not required to do so for any or every submission. If you submit a Video Audition, you may be eligible to also attend one (1) in-person audition, if Producer elects to hold open call in-person auditions and you elect to attend.
You may be contacted or notified at any time by e-mail or phone throughout the casting and/or production process as to whether you will be selected to move forward in connection with further activities related to the Program and/or whether Producer requires additional information, performances or other materials from you. If you do not reply to an email from Producer within the time frame indicated, you may be disregarded or disqualified from further participation.
Individuals who are found to be ineligible, cannot or do not comply with these Audition Requirements or the additional rules and obligations as communicated by Producer, cannot participate in or travel to callbacks or all rounds of competition for the Program, are delayed from performing or participating due to illness or other unforeseen event or circumstances may be disqualified from further participation. Producer is under no obligation to notify you if you have not been selected to move forward in the audition process or the Program.
NO GUARANTEE; SITE ACCESS; IRREGULARITIES AND OTHER FACTORS:
You acknowledge that there is no guarantee that your Video Audition will actually be viewed by Producer or that if it is viewed you will be considered for further participation in the Program. If a Participant participates in the Program, neither Producer nor Network is obligated to use, exhibit or exploit the Program, or the Participant’s participation therein or any part thereof.
You understand that access to the Site and/or other applicable auditions entry mechanisms as may be launched by Producer is required to submit audition materials, and that internet, digital or other applicable connectivity is required. You are solely responsible for arranging for such connectivity and for any charges that may apply (including data charges). No purchase or fee is required to Producer or Network to submit your audition materials.
Producer is not responsible for any technical problems, connectivity issues, malfunctions, glitches, irregularities, inability to submit or view, or other conditions or circumstances of any kind that may prevent, restrict, delay or otherwise interfere with your ability to submit audition materials through the Site or any other applicable means, or Producer’s ability to receive, view, watch or otherwise consider such video submissions.
You understand that factors such as the number of submissions, timing of submissions, content and characteristics of submissions, and subsequent phases of Program auditions (including in-person auditions, as Producer may determine) may impact both the likelihood that Producer will view your Video Audition and/or that you will be permitted to participate in further development and/or other participation in the Program.
PARTICIPANT SELECTION: In considering auditions and submissions, Producer will be considering various factors, such as (including but not limited to) vocal, rap and dance talent, on-camera presence, visual appeal, enthusiasm, personality, ability to follow direction, likeability, cooperativeness, communication, overall star quality and overall benefit to the Program (as determined by Producer, Diddy, and/or Network, in their sole discretion). All decisions regarding casting will be made at the Producer’s sole discretion, which may be in consultation with Network, Diddy, Advisors, and/or other individuals designated by Producer and/or Network from time to time.
Producer and Network, in their sole discretion, will determine who will be selected to participate in the Program as Participants.
Through the audition process and/or casting process and related Program competition phases, the number of participants eligible to move forward will be narrowed down through the course of production of the Program (which may include a number of phases). A select number of participants will be selected by Producer, in its sole discretion (in consultation with Sean “Diddy” Combs and the Network), to move forward in the competition of the Program and participate in various Program-related activities, which may include a workshop in Los Angeles and/or other locations. Eventually, the pool of Participants will be narrowed down to approximately 30 individuals who will be required to temporarily move into one or more accommodations, which may be shared with other Participants, at one or more locations within the U.S., as may be determined by Producer for the duration of production of the Program.
Diddy and/or Producer may also elect, in their sole discretion, at any point during the progress of the Program, to bring in one or more “Wildcard” Participants to compete against then-remaining Participants for a slot in the Band. Such Wildcard Participants may be Participants that were previously eliminated or individuals who auditioned initially or participated in the casting process, meet eligibility requirements, but did not advance beyond (or did not participate in) the initial casting and/or audition. Producer may also select one or more back-up or alternate Participants for the Program (each an “Alternate”) at any time.
Producer reserves the right to remove and/or replace any individuals from participating in and/or in connection at any time, for any reason, including for the overall benefit of the Program, as determined by Diddy, Producer and/or Network in their sole discretion.
Producer’s and Network’s determinations and decisions regarding the selection of Participants (including Participants, replacements, Alternates, Wildcard Participants and/or others) are final, binding and not subject to challenge or appeal.
PARTICIPANTS AND PRIZE(S): You are auditioning for a chance to participate in the production of the Program, which may include a chance to move into one or more so-called “cast house(s)” with other potential participants for a chance to be selected by Producer as a member of the Band (each a “Winner”). Winners may also be eligible for one or more other prizes or benefits which may include personal appearance, performance, recording, promotion, touring and/or other opportunities to be determined by Producer in its sole discretion. Additional prizes, if any, beyond being named a Winner and member of a band/group, will be disclosed prior to commencement of filming of the Program, although Producer reserves the right to add additional prizing opportunities during production of the Program, in its sole discretion.
The award of any prize shall be conditioned upon the Participant’s compliance with the Rules, Participant’s continued compliance with the terms of the participant agreement to be distributed by Producer at a later date that will govern each Participant’s participation in the Series (“Participant Agreement”), eligibility verification and completion, submission and execution of all necessary documentation furnished by Producer. Each Participant understands and agrees that he or she shall be solely responsible for all taxes, government charges and any other assessments resulting from any prize.
Participant Illness, Injury or Unavailability: If a Participant becomes sick, injured or otherwise unavailable to participate in the Program for any reason, as determined by Producer in its sole discretion (“Unavailable”), an Alternate may be selected by Diddy and/or Producer to replace the Unavailable Participant and continue in the Program. If a Participant becomes Unavailable at any point the Participant may be replaced by one of the Participant(s) that was most recently eliminated from the Program, or, Diddy, in consultation with Producer may elect to forego the next scheduled elimination in the Program. All determinations regarding the Unavailable status of a Participant in connection with the Program are at Producer’s sole discretion. Producer reserves the right to alter these procedures as it reasonably deems necessary in order to promote the fairness of the Program and orderly process of production.
Compliance with the Law
- Participants may not knowingly or intentionally collude to determine the outcome of the Program. For example, it is forbidden to rig the Program in favor of another Participant(s), make deals with one another, or otherwise attempt to persuade another Participant to quit the Program. Violation of this provision may constitute a criminal offense under federal law.
- Participants are not permitted to mention or “plug,” either verbally or visually, any commercial product or service on the program, and may not pay or accept any money or other valuable consideration (including a division of cash or gifts) with the exception of any cash or gifts legitimately and fairly earned during the Program, in connection with his appearance on the Program, or authorize anyone else to do so. No Participant may promote or “plug” verbally or visually any business, including Participant’s own business or that of any friend, acquaintance, family member, or anyone familiar to them, at any time, unless Producer consents in advance or requests Participant to do so.
- All Participants shall comply with the Rules and shall abide by all applicable local city, state and federal laws at all times. All Participants, eliminated or not, shall be accountable for their actions. Producer may cooperate in the prosecution of any Participant who violates local, city, state and/or federal laws.
OTHER GENERAL CONDITIONS
- Producer may at any time and for any reason: add or subtract an episode of the Program; add, remove or replace Participants, and/or Alternates; modify the number of Participants, and/or change the method and manner of judging, as determined by Diddy and Producer in their sole discretion.
- Except as specifically authorized in the Rules, Participants must not receive assistance from anyone while participating in the Program, whether prior to or during the Program. In the event Producer in its sole discretion determine that a Participant has received assistance from, or had improper contact with, any unauthorized person, then Producer may take such steps as they determine in its sole discretion (up to and including disqualification).
- Any collusion with another Participant, Diddy, Advisor(s), guest(s), or other Program staff or a studio audience member (if any) regarding conspiracy is strictly prohibited. A Participant must immediately notify Producer immediately if any other Participant attempts to initiate any such communication.
- A violation of any rule in connection with the Program or a breach of any agreement or representation made by a Participant in any agreement relating to the Program may, in Producer’s sole discretion, result in the Participant’s removal from the Program and/or forfeiture and/or return of any prize awarded (if any).
- No Participant may share or make any agreement or promise to share any prize or any portion of any prize with any other Participant except as authorized by Producer or the Rules.
- Participants must immediately inform Producer if he or she has previously (i.e. before participation in the Program) met Diddy, Advisors, production staff or anyone else related to the Program.
- Participants shall refrain from all forms of violence against, and physical and/or verbal intimidation of, other Participants, employees, agents or other representatives of Producer, Diddy and Network, and any other person during the course of such Participant’s participation on the Program.
REPRESENTATIONS AND WARRANTIES
By signing below, you hereby represent, warrant, acknowledge, and agree that: (i) you have the full right, power and authority to enter into the Audition Rules and grant the rights herein granted and the consent of no other person or entity (including without limitation any labor organization) is required to enable Producer to use any materials that you submit in connection with the Program; (ii) you have read and you meet and agree to be bound by the Eligibility Requirements set forth above and will adhere to and obey all Audition Rules (as they now exist or as they may be changed or amended by Producer in its sole discretion before production and/or at any time); (vi) all decisions by Producer concerning selection of the Participants are final and binding and are not subject to challenge or appeal; and (vii) Producer has no obligation to return any materials that you submit in connection with the Program whether or not you are selected as a Participant.
Parties. You acknowledge and understand that it is of the essence to the Audition Rules, and you hereby agree on behalf of yourself, and your heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), that you and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge each of the other Participants , any and all Assignees (as defined below), each one of them and each Assignee’s respective affiliates, licensees, successors and assigns, and the officers, directors, employees, contractors, partners, shareholders, representatives, members and agents of all of the foregoing (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of the Program or activities associated with the Program or material submitted in connection with the Program, including, without limitation,: (i) your participation and appearance in or elimination from the Program or activities associated with the production, post-production, promotion and exploitation of the Program, including, without limitation, claims for any injury, illness, damage, loss or harm to you or your property, or your death, and any and all claims, demands, damages, costs, expenses and causes of action that you and the other Releasing Parties may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; and/or (ii) your own actions and/or the actions of other participants; and/or (iii) any loss or damage to property and/or equipment; and/or (iv) the actions of any unrelated third parties invited by you; (v) the production, distribution, promotion, exploitation or other use of the Program, by Producer, Network and/or any other Assignee or based upon failure or omission to make use thereof. The Released Claims shall include, but not be limited to, those based on negligence of any of the Released Parties or any of the other participants in the Program, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of copyright. You and the other Releasing Parties hereby unconditionally and irrevocably agree that neither you nor the other Releasing Parties will sue or make any claim against any of the participants in the Program or the Released Parties with respect to the Released Claims.
Unknown Facts. You, on behalf of yourself and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of the Audition Rules, you or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed, and which if known by you or them at that time may have materially affected your or their decision to execute this agreement. You and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding subsections, you, on behalf of yourself and the other Releasing Parties, are assuming any risk of such unknown facts and such unknown and unsuspected claims. You and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver you would not have been permitted to audition and/or participate in the casting process or become a Participant in the Program (if selected). You, on behalf of yourself and the other Releasing Parties, hereby represent that you and they have been advised by their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
YOU ARE STRICTLY PROHIBITED FROM REVEALING ANY INFORMATION ABOUT THIS PROGRAM, TO ANYONE. Whether or not you are selected to be a Participant in the Program, you agree not to use or disclose in any manner (including via written or oral disclosure and including via social media, interviews or otherwise) or to any person or entity, in perpetuity, any information to which you have had or will have access to concerning the Program or any of the Companies in connection with your participation in the casting selection process and potential participation, including without limitation, the premise and title of the Program, the selection process, the names of individuals associated with the Program, other elements relating to production of the Program, any storylines or outcomes of the Program or events captured or recorded by Producer in connection with the Program, except to the extent any such information has intentionally been disclosed publicly by Producer; any of Producer’s or Network’s operations, programming, production or trade practices, or other services or the terms and conditions of the Audition Rules (collectively, the “Confidential Information”), except you may reveal the foregoing information only as required to fulfill your obligations hereunder, as expressly permitted by Producer or Network in writing or as required by law. Without limiting the generality of the foregoing, You agree that you will not, directly or indirectly, verbally or otherwise, at any time (whether or not you ultimately participate in the Program) disclose, reveal, publish, disseminate or cause to be disclosed, revealed, published or disseminated any Confidential Information to any individual or entity.
For the avoidance of doubt, the confidentiality obligations and publicity restrictions hereunder shall apply to any and all media whatsoever, including, without limitation, television, magazine, radio and/or any social networking site; micro-blogging service; user-generated or user-uploaded content website; online forum, discussion thread or comment section; personal website or blog; user modified website (“wiki”); or any other website, service, platform, program, application or other form or method of communication, whether now known or hereinafter devised. For example and for the sake of clarity, you may not make disclosures prohibited hereunder via Facebook, Twitter, YouTube or any other similar website or service, whether existing now or in the future.
You acknowledge that in the event you breach this confidentiality provision, your breach may, in the sole discretion of Producer or Network, result in you being disqualified to participate as a Participant in the Program and you may be liable to Producer and/or Network for damages. You agree not to make or authorize any other person to make any statement to any media service with respect to the Program, Producer, Network, SCC, City Media Entertainment, Major Casting, Diddy, Combs Enterprises, Combs Wines And Spirits; Blue Flame; Bad Boy Marketing; CE Spirits; Revolt Television; Revolt Films; Bad Boy Films; Bad Boy Entertainment; Bad Boy Records; Janice Combs Management; Janice Combs Music Publishing; Jessie and D Lila LLC; CeOpCo, Inc.; Daddy’s House Recording Studio; Daddy’s House Social Programs; Sean John; and Capital Preparatory School, or any of their respective licensees, designees, successors and assigns (“Assignee”), or otherwise publicize, advertise, or promote your appearance on the Program, without Producer’s or Network’s prior written approval in each instance. Notwithstanding the foregoing, after the initial broadcast of the initial episode of the Program in which you appear, you may refer incidentally and without revealing Program details to your appearance in the Program as reasonably required in connection with your resume and general personal publicity that does not have as a focus the Program, provided such reference is non-derogatory and truthful. In addition, you will not yourself, and you will not authorize others to, prepare or assist in the preparation of any written work, any audio work, visual work or any audio-visual work that depicts, concerns, or relates in any way to your appearance on the Program. All contact with the media regarding the Program or your participation in the Program must be organized and sanctioned by the press officer of Producer in connection with the Program or by a duly authorized representative of Producer and/or Network.
You agree that disclosure by you in violation of the foregoing shall constitute and be treated as a material breach of the Audition Rules which will cause irreparable harm to Assignee entitling Assignee to seek, among other things, (i) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this provision by you, (ii) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, (iii) recovery of Producer’s attorneys’ fees incurred to enforce the terms of this paragraph, and (iv) an amount equal to $2,000,000, which amount is agreed upon by the parties as liquidated damages and not as a penalty, and which sum amount has been computed, estimated and agreed upon as an attempt to make a reasonable forecast of probable actual loss because of the difficulty of estimating with exactness the damages which shall result. You shall inform Producer immediately in the event any person or entity offers to pay or provide you with any form of compensation in exchange for the disclosure of confidential information.
The provisions of this section shall survive the termination or expiration of the Audition Rules.
A Participant may be disqualified at any time (and rendered ineligible to win a prize), if in Diddy and/or Producer’s sole discretion, the Participant has: violated any Rules; provided any false or misleading information by incompletely or inaccurately answering or failing to answer any question relating to the Participant Agreement or any other form, agreement, application or release in connection with the Program; made agreements to financially benefit or receive other similar consideration from any other Participant, any relative of any Participant, any agent or affiliate of any Participant, Producer, or any agent or affiliate of Producer, in exchange for taking or causing to be taken deliberate premeditated actions which would affect the outcome of the Program; cheated or acted in an unsportsmanlike manner; acted in an intimidating or harassing manner; attempted to impede, hinder or interfere with a fellow Participant during the course of the Program; or, if in Producer’s sole discretion, the Participant’s continued participation in the Program could be disruptive and/or pose a danger or threat to themselves or others. Producer also reserves the right to disqualify a Participant should such Participant experience a medical emergency and/or otherwise become Unavailable. Producer’s decision to remove or disqualify a Participant shall be final, binding and not subject to appeal. Nothing contained herein shall be construed as limiting Producer’s absolute right to remove and/or replace a Participant at any time and for any reason, in its sole discretion.
The Audition Rules shall be implemented and enforced at Producer’s sole discretion.
During the audition and/or casting process, no one, including without limitation those who participate in the audition and/or casting process and the chosen Participants who appear in the Program, will receive any monetary or other compensation whatsoever. The chosen Participants on the Program may be required to execute various contracts before they are allowed to appear on the Program, including without limitation a recording contract (which may have music publishing provisions), a TV series contract, and/or a merchandise contract, and if any contestant fails or refuses to do so, another contestant may be chosen (as determined by Producer and/or Network in their sole discretion). If any such contracts provide for compensation, the contestants on the Program shall be solely responsible for all taxes on such compensation, including income taxes.
Should any section or provision of these Audition Rules be held to be void, invalid, illegal, unenforceable or inoperative, such section or provision shall not affect any other section or provision hereof, and the remainder of the Audition Rules shall be effective as though affected section or provision had not been contained herein.
THESE AUDITION RULES AND ALL OTHER RULES OF THE COMPETITION THAT MAY BE PROMULGATED BY PRODUCER ARE SUBJECT TO CHANGE AT ANY TIME FOR ANY REASON (INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, DUE TO PRODUCTION NEEDS, CREATIVE DETERMINATIONS, AND/OR TIME CONSTRAINTS), WITH OR WITHOUT NOTICE, IN PRODUCER’S SOLE DISCRETION, AND SUCH CHANGES SHALL NOT BE SUBJECT TO CHALLENGE OR APPEAL.
ALL DECISIONS OF PRODUCER ARE FINAL AND AT ITS SOLE DISCRETION, AND ARE NOT SUBJECT TO CHALLENGE OR APPEAL.