Privacy Policy


 

2minaudition is a United States online audition system in which competitions will be conducted to select promising talent (the “Program”). By using the 2minaudition.com participating in an online audition with 2Min Audition (an “Online Audition”), or submitting an online audition video (“Audition Video”) of an eligible contestant (“Contestant”) for consideration by 2Minaudition, LLC, an Arizona limited liability company (“Producer”) in connection with the Program, or voting in an Online Audition, User (as defined below) and Contestant acknowledge that User and Contestant have read, understand, and voluntarily agree to abide by these Online Audition and Video Submission Terms and Conditions (the “Terms and Conditions”).

To participate in the Program or an Online Audition, go to 2minaudition.com and enter to win the Grand Prize. User must be at least thirteen (13) years of age and must be authorized to act on behalf of, and agree to these Terms and Conditions for, Contestant (i.e. User must be the Contestant, or a parent or guardian or Contestant if Contestant is under thirteen (13) years of age). All references to User’s consent below also include Contestant’s consent, which is expressly given by User by using the Website and agreeing to these Terms and Conditions.

By visiting the website and entering the contest, User and Contestant specifically agree to the Terms and Conditions set forth herein and confirm that Contestant meets the Eligibility Requirements in Section A below and that Contestant’s Audition Video meets the Audition Video Submission Requirements in Section B below. User and Contestant agree that Producer’s consideration of Contestant in connection with the Online Audition is sufficient consideration for User’s and Contestant’s agreements set forth in these Terms and Conditions.

By submitting Contestant’s Audition Video, User agrees that Contestant’s appearance in the Audition Video may be edited, cut, rearranged, adapted, dubbed, or otherwise revised, if applicable, by Producer in connection with the Program or in any manner whatsoever, and that any such use will not entitle User or Contestant to receive any wages, benefits, fees, or other compensation.

Audition Videos will be accepted only during the time periods set forth in the App (the “Video Submission Period”). No Audition Videos will be accepted after the Video Submission Period. Producer makes no guarantee that any Audition Videos submitted will be reviewed.

A. Eligibility Requirements.

1. To participate in the Program, Contestant must be able to prove:

  • Contestant is at least 13 years old as of the date User submits the Audition Video (if Contestant is less than 18 years old, User must be Contestant’s parent are guardian and over 18 years of age).
  • Contestant is not a professional actor. As used herein, a “professional actor” is defined as any individual who, as of the date of submission of the Audition Video is: (i) a member of the Screen Actors Guild (“SAG”); or (ii) has acted in a feature film that was acquired for the purposes of, and subsequently received, paid distribution in any medium.
    2. Contestant MUST be able to demonstrate to the satisfaction of Producer that at the time of submission of the Audition Video, Contestant does not have any of the following (whether written or oral):
    • a membership of the American Federation of Television and Radio Artists (“AFTRA”) or any other performing artist union or guild. If Contestant is a member of any performing arts union or guild, Contestant’s participation as a contestant on the Program or in the audition process does not constitute a performance or appearance as defined by any performing arts union or guild, nor does it entitle Contestant to any wages or salary or other similar compensation; or
    • any other contractual arrangement that, in Producer’s sole discretion, would prohibit Contestant from fully participating in the Program and/or entering into any contracts required by Producer.
  • 3. User and Contestant agree that if Contestant is chosen as a winner of the Program, User and Contestant will execute all agreements reasonably required by Producer.
    4. If Contestant is less than eighteen (18) years of age, to submit an Audition Video, User must be Contestant’s parent or legal guardian. User may be asked to show proof that s/he is Contestant’s parent/legal guardian and verify his/her age.
    • User and Contestant must have a valid email address.
    • Neither Contestant, User, nor any of User or Contestant’s immediate family members
  • (spouse, ex-spouse, parents, siblings, children, step-children) or members of Contestant or User’s household (whether or not related to User or Contestant) may be current employees, directors, officers, independent contractors, agents, or representatives of Producer, or its respective subsidiaries or affiliated companies, or any of their respective licensees, successors or assigns; or any other person or entity connected with the production or administration of the auditions or the Program; any internet provider, television station or channel, cable network, or satellite network that may air or otherwise exhibit the Program or any variation thereof; any person or entity involved in the development, production, distribution, or other exploitation of the Program or any variation thereof; any sponsor of the Program or its or their advertising agency; or any person or entity supplying services or prizes to the Program. The entities described in the preceding sentence are referred to herein, individually and collectively, as the “Producer Entities.” In addition, to the best of Contestant or User’s knowledge, Contestant and User do not know anyone who is now, or has been in the past two (2) years, an employee or independent contractor of any of the Producer Entities. Producer reserves the right to remove from the Program any person (including User or Contestant) Producer determines, in its sole discretion, is sufficiently connected with the Program or any of the Producer Entities such that such person’s participation in the Program could create the appearance of impropriety. Conversely, Producer reserves the right to allow any person to remain part of the Program who may have a connection with the Program or any of the Producer Entities if, in its sole discretion, Producer determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.





 

B. Audition Video Submission Requirements.

1. General Requirements.

(a). User must have Internet access during the Video Submission Period and have access to the website 2minaudition.com.

(b). User must follow the instructions within the Web to complete the profile registration form for Contestant (the “Registration”). All information provided in the Registration must be full, complete, and accurate.

(c). Upload a picture that will serve as Contestant’s profile headshot for the Online Audition.

(d). User may submit ONLY ONE (1) Audition Video of Contestant per Online Audition.

(e). Audition Videos may only be submitted during the specified Video Submission Period. Audition Videos will NOT be accepted after a particular Video Submission Period ends.

(f). The Audition Video must be submitted by User, who must be at least eighteen (13) years of age. User must be at least thirteen (13) years of age and must be authorized to act on behalf of, and agree to these Terms and Conditions for, Contestant (i.e. User must be the Contestant, or a parent or guardian or Contestant if Contestant is under thirteen (18) years of age)

(g). The Audition Video must comply with the requirements of this Section B. Any Audition Video that, in Producer’s sole discretion, does not comply with the requirements of this Section B may be excluded.

(h). The Audition Video submission will not be complete until Contestant and User have accepted these Terms and Conditions.

(i). Producer reserves the right to determine, in its sole discretion, if Contestant is eligible to participate in the Program. Producer may, at its sole and absolute discretion, select any eligible person to advance to any round of the auditions and/or the competition.

(j). Producer reserves the right in its sole discretion to modify or change the eligibility requirements hereunder from time to time and such modifications will be effective upon posting to the Audition Website. Producer reserves the right in its sole discretion to allow anyone to participate in the Program regardless of how, when, and/or whether they participated in the audition process.

2. Audition Video Content

(a). Audition Videos must conform to the requirements of these Terms and Conditions. These Terms and Conditions may be amended from time to time by Producer, in its sole discretion.

(b). Audition Videos must include one of the two separate monologues identified on the Web(each downloadable as a PDF).

(c). Audition Videos must be performed primarily in the English language (common foreign words/phrases are acceptable).

(d). Audition Videos must be no shorter than one minute thirty seconds and no longer than two minutes in length.

(e). Audition Videos may not have previously been entered into any competition or contest, or won any award prior to submission.

(f). Audition Videos must be a live action sequence and may not contain any post- production enhancements or be digitally enhanced or distorted (i.e. animated and stop motion scenes will not be eligible; CGI and special effects are allowed).

  • (g).  Audition Videos may be shot in either landscape or portrait. Landscape being the preferred choice.
  • (h).  Audition Videos may not contain any software viruses or other codes or programming designed to limit, impair, destroy, interfere or otherwise cause harm to the Program, the AWeb, other contestants, Audition Videos, individuals, or Producer.
  • (i).  Audition Videos may not be manipulated in any way.
  • (j).  Audition Videos may not contain material which is sexually explicit, obscene,

pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing, in Producer’s sole discretion.

(k). Audition Videos may NOT include, mention, or feature any copyrighted material, including but not limited to songs, music, logos, films, books, television programming, artwork, sculpture, photographs, etc., or identifying descriptions of any copyrighted material, to which Contestant does not have advanced written approval to utilize.

(l). Audition Videos may not contain derogatory references to Producer or any related entities.

C. Judging/Selection.

Audition Videos submitted for consideration in an Online Audition, if reviewed, will be judged according to the same parameters as other auditions for the Online Audition. If Contestant is selected to progress in the audition process, Contestant and User may be required to provide or arrange for User and Contestant’s own travel to a location selected by Producer in its sole discretion. If Contestant is under eighteen (18) years of age as of the date the Audition Video is submitted, User, as parent and/or legal guardian must accompany Contestant to any personal appearances, and User must bring a government-issued photo ID and proof of guardianship. Any prizes or awards associated with the Online Audition or Program may be changed by Producer at any time, in Producer’s sole discretion. Producer’s decisions on any discretionary matter (including those applicants who are selected to progress in the auditioning process) are final, and in Producer’s sole discretion. Producer is not obligated to select any person, including Contestant.

D. Documentation.

ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF USER OR CONTESTANT FAILS TO COMPLETE ANY FORM, GIVES ANY FALSE INFORMATION, OR FAILS TO REVEAL ANY PERTINENT INFORMATION, CONTESTANT MAY BE DISQUALIFIED FROM THE PROGRAM.

 E. Exclusions/Disqualification

Producer reserves the right to exclude or disqualify, 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.

F. License

Contestant retains all ownership rights in the Audition Video. By submitting the Audition Video, Contestant and User hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicenseable 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 Audition Video 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 and Producer’s network through which Producer 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 User or Contestant. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any Producer Entity, these rights include, without limitation, the absolute right to edit and/or alter any Audition Video; distribute and synchronize all or any portion of the Audition Video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re- telecast, re-platform, port, syndicate, route, and link to and from all or any portion of the Audition Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Audition Video; 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 Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Audition Video; and to excerpt and/or extract portions of the Audition Video in order to host, store, index, categorize and display the Audition Video on or through the Platforms. Producer has no obligation to review the Audition Video or to use the Audition Video in any manner whatsoever.

G. Representations and Warranties / Indemnification

User and Contestant represent and warrant: (i) User and/or Contestant are the copyright owner of the Audition Video; (ii) the Audition Video is an original, previously unpublished, and previously un-produced work; (iii) the Audition Video is wholly original with User and/or Contestant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Audition Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the Audition Video does not and will not violate any applicable laws, and meets all Audition Video Submission Requirements set forth above. Audition Videos may not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, music, copyrighted photos, or the like. Contestant and/or User will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Audition Video to prove, confirm, verify, and substantiate User’s and Contestant’s compliance with all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event Contestant and/or User cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Audition Video, or seek to secure the releases and clearances for the benefit of Producer. Additionally, User and Contestant represent and warrant that they will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Producer Entity. Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. User and Contestant hereby indemnify and hold harmless Producer 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 User and Contestant hereunder.

H. Conditions of Participation

This Online Audition is subject to all applicable federal, state, and local laws. User and Contestant hereby: (a) agree that Producer has no liability whatsoever for, and shall be held harmless by User or Contestant 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 Online Audition or any related activity; (b) release Producer and its 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 any Online Audition and from injuries or damages arising in connection with or relating to participation in an Online Audition; and (c) waive any right to claim ambiguity in the Online Audition or these Terms and Conditions. Producer reserves the right to modify these Terms and Conditions, remove suspect Audition Videos, and/or cancel, terminate or suspend any portion of this Online Audition at any time and for any reason (or no reason at all) in its absolute discretion. Producer reserves the right to 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.

I. Privacy Policy

Producer may collect non-public personal information about User and Contestant from the Video Application, questionnaires, or other forms submitted to Producer (through the Audition Website or otherwise). Non-public personal information may include information such as User’s and Contestant’s name, postal address, e-mail address, IP address, social security number, and activity history. By participating in the Online Audition, User grants Producer permission to share User’s and Contestant’s email address and any other non-public personal information with entities related to or in business with Producer for the purpose of this Online Audition and/or the production of the Program. Producer may place “cookies” on User’s computer to track a visitor’s use of the Audition Website. A cookie is a piece of data that is stored on a hard drive. It takes up very little room on a system and helps Producer to customize the Audition Website and make its navigation easier. The Application Website may feature links to third party websites that offer goods, services, or information. Some of these sites may appear as windows-within-windows on the Application Website. When you click on one of these links, you will be leaving the Application Website. Producer is not responsible for the information collection practices of the other websites that you visit and urges you to review their privacy policies before you provide them with any personally identifiable information. Third party sites may collect and use information about you in a way that is different from this policy. Third parties may offer services from time to time on the Application Website. If you provide them with information, their use of that information will be subject to their privacy policy, if any, and will not be subject to this policy. If you accept third party goods or services advertised at the Application Website, the third party may be able to identify that you have a relationship with Producer (e.g., if the offer was only made through the Application Website).

J. Nature of Relationship / Waiver of Equitable Relief.

User and Contestant understand and acknowledge that Producer has 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 employees. User and Contestant acknowledge that many ideas may be competitive with, similar or identical to the Audition Video and/or each other in theme, idea, format or other respects. User and Contestant acknowledge and agree that User and Contestant will not be entitled to any compensation as a result of the use by Producer of any such similar or identical material. User and Contestant acknowledge and agree that Producer does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Audition Video. User and Contestant acknowledge that, with respect to any claim by User or Contestant relating to or arising out of the actual or alleged exploitation or use of any Audition Video or other material submitted in connection with the Online Audition by Producer, the damage, if any, thereby caused to User and Contestant will not be irreparable or otherwise sufficient to entitle User or Contestant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video or the Program or any other production based on or allegedly based on the Audition Video or the Program, and User or Contestant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

K. Important: Please Read General Release and Limitations on Liability.

By participating in this Online Audition, User and Contestant agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Audition, must be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Audition, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will User or Contestant be permitted to obtain any award for, and User or Contestant hereby knowingly and expressly waive 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. User and Contestant acknowledge and agree that Producer, its agencies, 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 or review submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Producer, or otherwise, that may limit an participant’s ability to participate in this Online 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 Online 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 Online 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 User or Contestant for defamation or portrayal in a false light. Producer assumes no responsibility for any damage to User’s or Contestant’s computer system, which is occasioned by accessing the Audition Website, or participating in this Online 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 exclude any participant that violates the Audition Video Submission Requirements, tampers with the Audition Video process or operation of the Online Audition or acts in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. If, for any reason, any Online Audition is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, corrupts or affects the administration, security, integrity or proper conduct of an Online Audition, Producer reserves the right, at its absolute discretion, to close a Audition Video Submission Period at any time, or cancel, terminate, modify or suspend an Online Audition.

L. Confidentiality.

Any and all information disclosed to or obtained by User or Contestant concerning or relating to the Program, the contestants, the events contained in the Program, the outcome of the Program and/or competition, and Producer, are strictly confidential. User and Contestant agree that each will not disclose to any third party any information which he/she had or will have access to concerning the Program, the other contestants, their friends or families, or Producer, except as required to fulfill the obligations hereunder, as expressly authorized by Producer in writing, or as required by law. Neither User nor Contestant may disclose any such information to any contestant, individual, or entity including, without limitation, any members of the press, or any online social networking sites such as My Space, Facebook, You Tube, Twitter or any other website or any other online and/or digital media of any similar or other sort. User and Contestant may not make disparaging remarks about the Program, any elements thereof, or any person or entity connected with the Program. Any disclosure of the information described in this paragraph will constitute a material breach of these Terms and Conditions and will cause Producer substantial and irreparable injury and will cause substantial damages entitling Producer to, among other things: (a) injunctive or other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this paragraph; (b) recovery or disgorgement of the monies and other consideration, if any, received in connection with such disclosure; (c) forfeiture of any and all cash and/or prizes that Contestant may have been entitled to for participating in the Program; and (d) recovery of the Producer’s damages and attorneys’ fees and court costs incurred to enforce this paragraph. The provisions of this paragraph are not subject to the mediation and arbitration provisions in Section M below.

M. 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 ONLINE AUDITION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE AUDITIONS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ARIZONA 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 DOES 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 OTHERWISE REMAIN IN EFFECT AND WILL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. IN NO EVENT WILL PRODUCER, ITS PARENT, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THE ONLINE 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 USER OR CONTESTANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: PRODUCER, USER, AND CONTESTANT ACKNOWLEDGE, UNDERSTAND, AND AGREE, THAT IF ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO CONTESTANT’S APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE ONLINE AUDITION, THE PROGRAM, AND/OR THIS AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO RESOLVE THE MATTERS BY MEDIATION CONDUCTED IN THE COUNTY OF MARICOPA AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS APPLICABLE RULES BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY SUCH MATTER IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THEN THE PARTIES AGREE THAT IT MUST BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PROCEDURES OF AAA, THROUGH ITS PHOENIX, ARIZONA OFFICE.

USER AND CONTESTANT AND EACH PRODUCER ENTITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI- CLAIMANT PROCEEDING. FURTHER, UNLESS PRODUCER AGREES, THE ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH USER OR CONTESTANT’S, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, MULTI- CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS AGAINST PRODUCER MUST BE PURSUED, WILL REMAIN IN EFFECT.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE AUDITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRODUCER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.