“So You Think You Can Fight” Application Terms and Conditions

 

“So You Think You Can Fight”

Application Terms and Conditions

 

Updated March 19, 2022

These Application Terms and Conditions (these “Terms and Conditions”) apply to the application process for participation in the anticipated program currently entitled “So You Think You Can Fight” (the “Program”), currently intended to be produced by Triller, Inc. or an affiliate (collectively, “Producer”).  By submitting an application to participate in the Program, you agree to these Terms and Conditions.  If you are selected to participate in one or more aspects of the Program, additional terms and conditions may apply. 

1.  ELIGIBILITY REQUIREMENTS

You must meet the following eligibility requirements and agree to the following terms and conditions in order to be eligible to submit an application and/or otherwise participate in the Program: 

  1. You must be between the ages of 18 and 28 years old at the time of submission of your application.

  2. You must be a legal resident of the United States and authorized to participate in the entire Program and throughout the term of any agreements entered into between you and Producer or any of the other Program Entities (as defined below), including, without limitation, a management agreement. Without limiting the foregoing, you must (i) have the unrestricted right to work in the United States, or (ii) possess the appropriate United States employment authorization that permits you to participate and compete in the Program and agree to and perform under any post-show agreements and related employment. In the event that you are selected to attend a virtual interview with Producer or participate in other audition activities, you will first be required to demonstrate your compliance with the foregoing requirement to Producer’s satisfaction.

  3. In order to participate in any aspect of the Program, you must be able to demonstrate to the satisfaction of Producer that you do not have any contractual arrangement that would prohibit you from fully participating in the Program and/or entering into any contracts required by Producer or any of the other Program Entities, including, but not limited to, an exclusive management contract and/or merchandising contract.

  4. All participants chosen for the Program shall be required to perform physical examinations, cardiovascular tests, and all other medical tests required in Producer’s sole discretion to properly evaluate and confirm participant’s fitness and suitability to participate therein.


  5. In the event that you are already party to a management contract prior to your application to participate in the Program, you must demonstrate to the satisfaction of Producer that such contract commenced prior to the date of your application and may be terminated by you at any time for any reason. Furthermore, you agree not to extend the existing term of such agreement, and, upon Producer’s request, you must provide material details of such agreement and/or terminate such agreement (and provide evidence of such termination).

  6. You must not currently be a candidate for public office and must agree not to become a candidate for public office until one (1) year after the initial exhibition of the final episode of the Program in which you appear (if selected to participate).

  7. During the period commencing as of June 1, 2022 and continuing through the completion of your participation in the Program, neither you nor any of your immediate family members or members of your household (whether related or not), may be an employee, officer or director (excluding interns or other short-term independent contractors) of: (i) Producer or TrillerVerz or its majority owned subsidiaries (including, but not limited to, Triller Fight Club and FITE) any person or entity directly involved in the casting, auditions, development, production, distribution, or other exploitation of the Program or any variation thereof; (ii) any sponsor of the Program; or (iii) any person or entity supplying services or goods with respect to the Program. The entities described in the preceding sentence shall be referred to herein, individually and collectively, as the “Program Entities.”

  8. Your participation (or continued participation, as applicable) in any aspect of the Program or the application and/or audition process relating thereto shall be contingent upon your execution of all applicable agreements, releases and documents provided by Producer or any other Program Entity. 

Producer has the sole discretion to make determinations of applicant eligibility, which are binding and final in all respects, and Producer reserves the right to change any of the eligibility requirements at any time.  Producer also reserves the right to, in its sole discretion, allow any eligible person to participate in the Program regardless of how, when, and/or whether they participated in the application and/or audition process. In addition, you acknowledge and agree that Producer has the sole discretion at any time to render ineligible and disqualify any person who, in Producer’s sole discretion, is sufficiently acquainted with the development, production, administration, judging, exhibition or other exploitation of the Program such that their participation in the Program could create the appearance of impropriety.

 

2.  HOW TO APPLY

To apply, download the Triller App, become a registered user, and use hashtag #sytycf when uploading your video on the Triller App. Follow all of the associated instructions therein, including the on-screen prompts to upload a video meeting the requirements set forth in the “Video Submission Requirements” section below. 

Only applications received between March 31st, 2022 and May 31st, 2022 (the “Application Submission Period”) will be eligible for consideration.

Submitting an application does NOT guarantee you the opportunity to receive a virtual interview with Producer.

Producer reserves the right to exclude and disqualify, in its sole and absolute discretion, any individual from any part of the application process for any reason, including without limitation, violation of any portion of these Terms and Conditions, tampering with the application or interview process, acting in an unsportsmanlike or disruptive manner or for any other reason as Producer may decide in its sole discretion. Producer also reserves the right to suspend or change any aspect of the Program, the application and audition process therefor, including, without limitation, the Application Submission Period and these Terms and Conditions, at any time. Being chosen to be interviewed or participate at any phase in the process does NOT ensure that you will be selected to continue to the next phase.

ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM PARTICIPATING (OR APPLYING TO PARTICIPATE) IN THE PROGRAM. 

 

3.  VIDEO SUBMISSION REQUIREMENTS

Your application video (“Video”) must (i) be approximately one (1) minute in length, (ii) feature you talking to the camera, and (iii) include your name, age, weight, fight experience (if any), and an interesting and informative reason as to why you should be selected to participate in the Program.

You may submit ONLY ONE (1) Video. Your Video must (a) be a wholly original, audio-visual performance created by you; (b) be approximately one (1) minute in total running time; (c) be formatted and encoded according to the requirements specified in the App, if any; (d) be primarily in English; (d) be intended for family audience viewing and contain only content that, in the sole discretion of Producer, is suitable for all persons over the age of 13; (e) must not, in the sole discretion of Producer, contain or involve any of the following: (i) obscenity, (ii) singing (except for wholly original songs, that are owned, controlled and created by you), (iii) private property, or other property (unless you have obtained a signed property release specific for the uses specified herein), (iv) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (v) gang signs or symbols, (vi) nudity, (vii) commercial products (e.g., clothing, toys, food, etc.) and/or their trademarks, brands, logos or endorsements, (viii) websites or web page links, (ix) derogatory characterizations of any ethnic, racial, sexual or religious groups, (x) humiliate other people (publicly or otherwise), (xi) any assault or threatening of others, (xii) trespass or the violation of other people’s rights or property; (xii) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xiii) content which endorses or condones illegal activities, including illegal drug use, or alcohol abuse or narcotic addiction, (xiv) content that is explicit, graphic or depicts sexual activity, (xv) gratuitous violence, (xvi) any copyrighted works (other than materials owned by you) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations, or (xvii) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Producer, in its sole discretion.

All elements used, incorporated into or otherwise appearing in a Video, including, without limitation, audio, speech/voiceovers, stills, video, or other audio-visual materials must be entirely original, created and performed by you or be in the public domain.  

Your Video must comply with the requirements of these Terms and Conditions. If your Video does not, in Producer’s sole discretion, comply with such requirements, your application will be disregarded and not eligible for consideration. 

 

4.  ADVANCEMENT TO SUBSEQUENT ROUNDS

Producer may select, in its sole discretion, any number of applicants to proceed to the interview phase, which will consist of a virtual interview with Producer.  If you are selected for a virtual interview (or to participate in any other aspect of the Program), you will be required (as a condition thereto) to first complete, sign and return to Producer any forms and agreements required by Producer, including, without limitation, a Participant Agreement, Personal Release and Arbitration Provisions. In addition, you may be required to complete an extensive background questionnaire and may be subject to a thorough background investigation and other examinations, at Producer’s discretion.

If Producer chooses you to participate in the Program, and you advance to the finals in the competition portion of the Program, you may (in Producer’s sole discretion) be offered a Triller Fight Club professional agreement and merchandising/endorsement contract.

In addition, as a condition to your participation (or continued participation) in the Program, your family and friends may be required to sign releases concerning the possible participation, taping and/or recording of their name, likeness, voice, conversation, etc., including in connection with the filming of your “home story”.

 

5.  VIDEO LICENSE; APPEARANCE RELEASE

By submitting your Video, you hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicensable 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 Video for any purpose whatsoever, throughout the universe in perpetuity, including, without limitation, in connection with (i) the Program, including, without limitation, motion pictures, television and publishing, and in connection with the advertising (including at physical locations), sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including without limitation in connection with Program advertisers and/or sponsors and any of their respective products, integrations and/or services) and of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and/or (ii) Producer’s network of companies, websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer may distribute content to end users, whether now existing or hereafter developed (collectively, the “Platforms”), in any and all media formats and through any and all media, in any case, without any accounting, notification, credit or other obligation to you.

For the avoidance of doubt, without limiting the generality of the foregoing rights granted to Producer, Producer may (and authorize others to): edit and/or alter your Video; distribute and synchronize all or any portion of your Video in timed relation to any other visual elements; web-cast, podcast, re-publish, re-telecast, re-platform, port, syndicate, route, and link to and from all or any portion of your Video; encrypt, encode and decode, and compress and decompress all or any portion of your Video; edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Video; create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Video; and excerpt and/or extract portions of your Video in order to host, store, index, categorize and display your Video on or through the Platforms.

You further grant Producer and their respective parents, subsidiaries, related entities or affiliates, successors, licensees and assigns the irrevocable right (but not the obligation) to and to license others to film, tape and/or photograph, record, exhibit, edit and otherwise use your name, voice, sounds, image, likeness and biographical information in and in connection with the Program in any manner in Producer’s sole election and discretion, including in connection with advertising (including at physical locations), sale, promotion, programming and publicity materials, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including, without limitation, in connection with commercial tie-ins, Program advertisers and/or sponsors and any of their respective products, integrations and/or services) throughout the universe, in any and all media, now known or hereafter devised, in perpetuity (collectively, the “Rights”). You also grant to Producer, any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program, the Rights for the institutional purposes of Producer and/or their respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity. You understand that any use as described herein shall not entitle you to receive any compensation whatsoever. 

Producer has no obligation to review your Video or to use your Video in any manner whatsoever. Producer has the right, but not the obligation to use any of the rights granted by you herein.

 

6.  REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

You represent, warrant and covenant that: (i) the Video does not violate, misappropriate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Video does not and will not violate any applicable laws, and meets the Video Submission Requirements set forth herein; (iii) the Video does not contain any third-party material, including, but not limited to, trademarks, logos, music or photos; and (iv) you will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for anyone who assisted in the creation of the Video and to otherwise prove, confirm, verify, and substantiate your compliance with these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event that you cannot provide all required releases, Producer reserves the right, in its sole discretion, to remove your Video or seek to secure the necessary releases and clearances for the benefit of Producer and/or the Program Entities. 

You agree to indemnify and hold harmless Producer and each of the Program Entities 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 (a) your Video and/or any other material submitted by you in connection with your application to participate in the Program (collectively, your “Submission”), and/or (b) your breach or alleged breach of these Terms and Conditions, including, without limitation, any of your representations or warranties set forth herein.

 

7.  MODIFICATIONS; SUSPENSION

Producer reserves the right to modify these Terms and Conditions, remove Videos, and/or cancel, terminate or suspend any portion of the application and/or audition process 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 participating in the application and/or audition process at any time for any reason or for no reason at all, including without limitation, for any violation of any portion of these Terms and Conditions, or tampering with the application process. Producer also reserves the right to change the rules and procedures relating to participation in the Program at any time in its sole discretion. Being chosen to be interviewed at any stage in the process does NOT ensure that you will be selected to further audition or to participate in the Program.

 

8.  WAIVER OF CLAIMS; REMEDIES; LIMITATIONS ON LIABILITY

You hereby: (a) agree that Program Entities shall have no liability whatsoever for, and shall be held harmless by you 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 applying to participate in the Program or any related activity; (b) release the Program Entities and their respective 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 your Submission; and (c) waive any and all moral rights in the Video.  Additionally, you acknowledge and agree that you 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 Program Entities, all of which are expressly reserved by Producer and the Program Entities.  

You waive any right to seek injunctive or other equitable relief against Producer or any other Program Entity or to seek to enjoin in any way the production, distribution, exhibition or other exploitation of the Video or the Program or any other production based on or allegedly based on the Video or the Program.

You agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with your Submission, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you 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. 

You acknowledge and agree that the Program Entities, their 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 the Program Entities or otherwise, that may limit a participant’s ability to participate in this application process; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with the application process and the Program Entities 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 application process (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 you for defamation or portrayal in a false light. Program Entities assume no responsibility for any damage to your mobile device or computer system caused by accessing the App, or by otherwise participating in this application process, 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. 

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL THE PROGRAM ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE APPLICATION PROCESS FOR THE PROGRAM. 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS FOR THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

9.  GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without reference to conflicts of law principles under such laws. Except as set forth below, any dispute arising out of or in connection with the Terms and Conditions, including any disputes regarding the existence, validity or termination hereof/thereof, shall be settled by binding arbitration. The Parties agree to arbitrate all disputes in accordance with the arbitration rules of JAMS. The arbitration proceeding shall be before a single neutral arbitrator selected in accordance with JAMS rules and such proceeding shall be conduction in Los Angeles, California. The determination of the arbitrator shall be binding on the Parties, provided that the arbitrator shall not have the power to commit errors of law or legal reasoning, and either party may seek a review of the award for legal error, confirmation, correction or vacatur in California state court. The fees of the arbitrator shall be borne equally by the Parties. Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either Party may bring an action in the state and federal courts located in Los Angeles, California to enforce its intellectual property or other proprietary rights (including, to seek injunctive relief) or otherwise to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages). The Parties each agree to submit to the personal and exclusive jurisdiction of and venue the state and federal courts located in Los Angeles, California for such matters. The Parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

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