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"Jimmy Kimmel Live" Wall of America

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You must upload your current full-faced photo at the time of registration. This photo will be used for identification and verification purposes each time you seek access to the Jimmy Kimmel Live virtual audience prior to broadcast.

Virtual Audience Member Terms & Conditions and Release

JIMMY KIMMEL LIVE – WALL OF AMERICA”

VIRTUAL AUDIENCE MEMBER TERMS & CONDITIONS AND RELEASE


I have voluntarily applied to participate in the Jimmy Kimmel Live “Wall of America” for the opportunity to appear live or recorded on an array of television sets in and in connection with the television series entitled “Jimmy Kimmel Live” (“JKL”), produced by 12:05 AM Productions, LLC (“Producer”) for initial exhibition on broadcasts of episodes of JKL on the ABC Television Network owned by American Broadcasting Companies, Inc. (collectively, “ABC”).


Now, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby submit this Virtual Audience Member Terms & Conditions and Release (“Agreement”) to Producer and agree as follows:


I hereby irrevocably grant Producer the right to photograph, film, videotape, record, broadcast, transmit and/or portray my name, voice, image, biographical information, actions and/or likeness in and in connection with JKL, including, without limitation, my participation in a live or recorded JKL segment currently entitled “Wall of America” (“The Wall”). The results and proceeds of my participation in and in connection with The Wall, the negatives, outtakes, sounds and images therein and any material submitted, presented, composed or performed by me, including, without limitation, pictures, videos, song lyrics and music (collectively, the “Material”), shall be deemed to be “works-made-for-hire” under the Copyright Act and shall be the exclusive property of Producer. If the Material or any part thereof is for any reason deemed not to be a “work-made-for-hire,” then I hereby irrevocably and perpetually grant and assign to Producer all rights of any nature that I may possess in and to the Material. Producer shall have the right to use, incorporate, broadcast, exhibit, distribute, re-use, publish, re-publish, alter and/or edit the Material and/or my name, likeness and portrayal in whole or in part, severally or in conjunction with other material (including in the main or end titles) for any purpose and in any manner whatsoever as Producer chooses in any and all media, now known or hereafter devised, throughout the universe and in perpetuity. I grant Producer and ABC the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with JKL or otherwise, and in connection with advertising, programming and publicity materials for JKL or its sponsors (including, without limitation, in commercial tie-ins) and/or for Producer or ABC.


I acknowledge that if I participate in The Wall, I may be interviewed by or interact with, alone or with others, Jimmy Kimmel and/or other JKL staff, guests, participants on The Wall or audience members during the recording of an episode of JKL. I acknowledge and understand that since The Wall is intended to be an interview/participation segment on JKL containing potentially humorous elements, I may be embarrassed, disparaged or ridiculed on national television, and I knowingly and voluntarily assume such risk. I further understand and agree that as long as I am logged in to The Wall website, I may be recorded at any and all times, even when my image is not being displayed on JKL, as well as before, during and after the recording of an episode of JKL. Accordingly, I will at all times conduct myself appropriately in a manner suitable for network television, and further agree that I will not: use any profanity; make any obscene gestures; defame or disparage any individuals or entities; violate the privacy rights of any person; or promote any service or product or my employer. During my participation, if any, I will appear by myself (without others seen or heard within my camera’s field of view or audio). I agree that I will not wear clothing with, or otherwise display, any logos or brand names.


I represent and warrant that: (i) I am at least 18 years of age and a legal U.S. resident; (ii) I am not currently a candidate for public office and, if selected to participate in The Wall, will not become a candidate for public office until at least one (1) year after the initial broadcast of the last episode of JKL in which I appear; (iii) I have never been convicted of a felony; (iv) I have the right to enter into this Agreement and grant the rights herein without obtaining the permission of any third party or entity; and (v) neither I nor anyone acting on my behalf is giving or receiving or has given or received any monies, or other valuable consideration, to get me on JKL or mention anything on JKL, and that I will not do any of the foregoing in connection with my participation.


I further acknowledge, understand and agree that: (a) Producer has no obligation to select me to appear; (b) even if I am selected to appear, Producer or Jimmy Kimmel may decide not to interview or interact with me and may remove me from The Wall for any reason and at any time; (c) I may inadvertently be dropped from The Wall or transmission of my image may be limited or distorted as a result of technical difficulties; (d) if I am selected to appear, my name, city/state of residence and/or other identifying information may be publicly displayed; (e) Producer may contact me regarding my participation in The Wall and other issues relating to production of JKL using the contact information provided with my registration (such contact may occur before and/or after my participation); (f) my participation on JKL (if any) does not entitle me to reproduce, exhibit or distribute any portion of JKL (including without limitation, any JKL segment in which I appear) or to use any of JKL’s, Producer’s or ABC’s names, logos, or other intellectual property; and (g) Producer has no obligation to use the Material, my name, voice or likeness, or any of the rights I have granted herein.


If I have ever been paid for a performance or appearance in connection with a television program, feature film, commercial, radio broadcast or stage play, I will immediately contact Producer at WallofAmerica@abc.com and disclose each such occurrence, specifying the name, nature and date of such performance or appearance and the approximate compensation I received.


I have reviewed and hereby affirm my acceptance of: (i) ABC’s Terms of Use (available at www.disneytermsofuse.com); and (ii) ABC’s Privacy Policy (available at www.disneyprivacycenter.com).


I hereby irrevocably release and forever discharge Producer, ABC, their respective parent, subsidiary, related and affiliated entities, licensees, assigns, and each of their respective employees, officers, directors, agents, successors, or representatives (collectively, the “Released Parties”), from, and covenant not to sue the Released Parties for, any claim, liability, expense or cause of action, whether known or unknown, resulting from or relating to the use of the Material, my participation in and in connection with JKL and/or The Wall and the exercise of any of the rights granted herein, including without limitation, any claim for personal injury, defamation, libel, slander, invasion of right of privacy, publicity or personality, copyright or trademark infringement, or any other claim or cause of action.

I acknowledge that I am familiar with the provisions of California Civil Code Section 1542, which provides as follows:


A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.


Accordingly, I (on my behalf and on behalf of all my heirs, executors, administrators, personal representatives, predecessors, successors, and assigns) hereby waive and relinquish any right or benefit which I or such persons have or may have against Producer or others under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction. I agree to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims, liabilities or expenses (including reasonable attorneys’ fees) by whomever asserted arising from or relating to: (a) my breach or alleged breach of any representations and warranties herein; (b) my acts, statements and/or omissions in and in connection with my participation in The Wall and JKL; (c) the use of any of the rights I have granted herein; and (d) my violation of any law, rule or regulation.


In the event that I no longer wish to be considered for participation in The Wall, I will notify Producer at WallofAmerica@abc.com. I understand and agree that no such notification will apply retroactively, nor shall it apply to footage, promotional spots, or other clips containing me or my likeness that were captured or created prior to the date of notification; such materials may continue to be used in accordance with the rights previously granted to Producer. I agree that I shall not disclose to any third party any information I obtain through any source whatsoever about The Wall, JKL and the business or creative affairs of Producer and ABC.

I agree that any and all claims, disputes or controversies I may have arising out of or in connection with this Agreement or my participation in The Wall and/or JKL that are not otherwise barred or released pursuant to the terms herein shall be resolved exclusively and confidentially by binding arbitration before a single, neutral arbitrator, under the auspices of JAMS using its Streamlined Arbitration Rules and Procedures, through its Los Angeles, California office. I agree that my remedies for any breach of this Agreement by Producer or others will be limited to monetary damages, if any, and in no event will I be entitled to rescind this Agreement or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief.


This Agreement is not assignable by me, but may be freely assigned by Producer or ABC in whole or in part. This Agreement constitutes our entire understanding and agreement with respect to the subject matter hereof and cannot be amended except by a written instrument agreed to by the Producer and me. This Agreement will inure to the benefit of Producer and Producer’s affiliates, successors, licensees, assigns, heirs and representatives, and will be binding upon my heirs and representatives. This Agreement will be governed by the internal laws of the State of California applicable to contracts wholly negotiated, executed and performed therein. Should any provision of this Agreement be void or unenforceable, such provision shall be deemed omitted, and this Agreement with such provision omitted shall remain in full force and effect.


I understand that if I am later asked to reaffirm my acceptance of this Agreement, my failure or refusal to do so shall in no way affect the continued validity or scope of this Agreement. I further understand and agree that Producer may amend the terms of this Agreement from time to time. I understand that my continued participation in The Wall following any amendment to this Agreement will signify my acceptance of any such amendment.


By checking the box below, I hereby confirm my agreement with and acceptance of the foregoing Agreement.

If you are experiencing difficulties registering please email us at WallOfAmerica@abc.com