indiasdigitalsuperstar.com India’s Digital Superstar 2015 Audition

Organisation : Amazon.in & Gionee
Announcement : India’s Digital Superstar 2015 Audition

Home Page : http://www.indiasdigitalsuperstar.com/

India’s Digital Superstar :
No long audition queues… No need to knock on any doors… From the comfort of your homes, offices, bathrooms, gardens etc any Indian, any age, any gender, any region, anywhere in the world… Becoming a Superstar is a click away…

India’s Digital Superstar, a first of its kind talent competition on a digital platform. If you have the talent to entertain viewers and have a video to match your talent we have the perfect opportunity for you. You could be a dancer, singer, magician, acrobat, gymnast, standup comic, contortionist, stunt person etc. All you need to do is shoot your talent video on any recording device like a phone, handycam or even a webcam and upload them on our website or through our app. Viewers play a critical role in taking the competition forward. The bigger hit your video is amongst viewers, the better chances of you winning.

Requirements for participation in the Programme :
1. I acknowledge that the Programme (which expression shall include without limitation the series of programmes entitled “India’s Digital Superstars” and/or any version thereof, any spin-off programme based thereon and any related audition, recording, interview, event or activity or interactive/online application), is a talent competition and will entail a competition requiring participants to record and submit their own recorded performances to the Company, and, at the Company’s election, may be required to perform online or in person before a panel of judges which may be recorded and distributed on any media now known or hereafter developed (the “Competition”). I understand the nature of the Programme and in signing this Agreement I hereby consent to the recording and use of my contribution to the Programme on the terms and conditions herein stated.

2. I agree to make myself available at such times and in such locations as the Company may reasonably require in respect of the Programme including without limitation any related tests, auditions, rehearsals, publicity “trailers”, press calls, photographs, recordings, retakes and/or other contributions (collectively my “Contribution”). I acknowledge that the Company and/or any distributor of the Programme (including, without limitation, YouTube) (collectively the “Platforms”) will have no liability to me if I am unable to attend or take part in the Competition and further that the Company may at any time disqualify me from the Competition at its sole discretion, and/or withhold, withdraw or revoke any prize that I may have won, in the event of any willful breach and/or negligent act or omission by me, (including without limitation if I fail to observe the provisions of this Agreement).

3. The Company will endeavour to operate the Competition and apply the rules and conditions of the Programme (“Rules”) as devised from time to time by the Company and/or format owners being the Company and Zenga Media Private Limited (“Zenga” and together with the Company, the “Format Owners”). However, I acknowledge that the decision of the Company is final and the Company reserves the right to remove me from the Competition/locations/premises at its absolute discretion. I further acknowledge that the interests of the Programme will override those of any participant and in the event of any dispute concerning the operation of any element of the Competition or the Rules, the decision of the Company will be final. In the event I am disqualified or eliminated from the Competition, I acknowledge and agree that the Company shall be fully entitled to use and exploit my Contribution to the Programme in accordance with the terms of this Agreement.

4. I will comply fully with the Rules, I agree to behave appropriately when taking part in the Competition and I agree to observe all procedures and rules and obey all instructions in force or given by a member of the Company or of any location staff in connection with production of the Programme and the management of the locations and the fire safety and security arrangements in those locations. I acknowledge that the Company and the Format Owners reserve the right to amend the Rules or terminate the Competition at any time without any liability to me. I will further promptly comply with all directions and requests of the Company and its staff.

5. I acknowledge that if I progress to the second or subsequent stages of the Competition, I may be required at the Company’s election insofar as it does not conflict with any Existing Agreement (defined below) I may currently be encumbered by, and in consideration of the inclusion of my Contribution in the Programme, to enter into the following agreements with the Company, Zenga and/or the Company’s designees, licensees, successors and assigns:

a an agreement option for my exclusive recording services if I am a musical performer;
b an agreement option for my exclusive performance services if I am not a musical performer;
c an exclusive touring/tour merchandising option agreement; and further it may be required by the Company insofar as it does not conflict with any Existing Agreement I may currently be encumbered by, and in consideration of the inclusion of my Contribution in the Programme to enter into an exclusive management option agreement (collectively with agreements listed in sub-clauses 5(a)-(c) above defined as (the “Agreement(s)”). The Agreement(s) shall become fully effective only subject to the Company, Zenga or the Company’s designee (as the case may be) exercising its exclusive option in respect thereof.

6. I hereby agree that I shall notify the Company on signature of this Agreement of any existing audio-only recorded, audio visual recorded and/or printed material created prior to or during the Competition which contains my contribution thereto. I have set out in the attached Schedule hereto details of all recording, publishing, merchandising, endorsement, management or any other contracts to which I am or have been a party in respect of my career as a performer (the “Existing Agreements”) as well as details of any unions or guilds of which I am a member and previous television, magazine, print publishing or website appearances which I have made. I hereby represent and warrant that the details provided in the Schedule are true and accurate.

7. I hereby agree and undertake that, upon signature of this Agreement and until termination or expiry hereof, I will not enter into any recording, publishing, merchandising, endorsement, management or any other contracts with any third party without the prior written consent of the Company and/or the Format Owners.

8. I hereby agree and undertake that, upon signature of this Agreement and until termination or expiry hereof, I will be exclusive to the Company such that without prejudice to the generality of the foregoing I will not appear or participate in any programme similar to the Programme on any media in the capacity of a presenter, host, contestant or regular guest. (Note to participant: For the avoidance of doubt, one-off guest appearances are permitted on television and/or radio programmes, provided that the Company has the first option to cover your publicity immediately following your elimination from the Programme and for up to fourteen (14) days after your elimination. This includes, but is not limited to, your first major television interview following your elimination from the Programme (if applicable).)

9. In the event my performance on the Programme involves a live animal, I hereby represent and warrant that I have obtained all necessary and proper immunizations for the animal and all necessary consents and/or registrations allowing me to exhibit and/or train the animal and will provide to the Company all such documentation or do any other acts and/or deeds as may be reasonably necessary for the Company to determine that (i) the animal is safe to participate in the auditions, interviews and/or Programmes, and (ii) that I have all necessary consents and/or registrations allowing me to exhibit and/or train the animal. Furthermore, I agree to indemnify the Company, the Platforms and the Format Owners and to hold each of them harmless from and against any and all liabilities, claims, actions, damages, expenses, and losses of any kind (including legal fees) caused by or arising out of (a) any physical, mental or emotional stress/distress or injury caused to any third party by or from the animal, or (b) any breach of my warranties under this paragraph 9.

10. I hereby acknowledge that I must notify the Company in advance of my audition if I intend to:
a perform physical and/or dangerous stunts, explaining the full nature of the stunt;

b use any form of equipment required as part of my act, and that failure to do so may result in my not being permitted to participate in the Competition. (Note to participant: You will be responsible for bringing such equipment (provided it is suitable for the audition location) and are responsible for ensuring that such equipment is safe and/or suitable for its purposes. Pyrotechnics are not permitted.)

11. I hereby acknowledge that my Contribution to the Programme may involve various physical activities and I warrant that I am in a good state of health, fully trained and have sufficiently practiced to perform, and I am capable of safely performing, such physical activities. The Company, the Platforms and/or the Format Owners shall not be liable for any death, injury, illness or poor health arising as a result of any such activities and/or any breach of the warranty contained herein PROVIDED THAT the same is not caused by the negligence of the Company, the Platforms and/or the Format Owners respectively.

12. I acknowledge that the Company, the Platforms and/or the Format Owners shall not intentionally reveal, divulge, or expose any magic effect, illusion (including, but not limited to, details of how such magic effect/illusion are carried out) or other secret elements of my act or performance (“Secret(s)”), if applicable. The Company, the Platforms and/or the Format Owners shall not be liable for inadvertently revealing, divulging or exposing any such Secret(s) by the production and/or transmission of the Programme or in connection therewith (including, without limitation, if a home viewer watches the Programme in slow-motion and discovers or discerns such Secret(s)) and the same shall not be deemed to be a breach of this Agreement by the Company.

13. I will if requested present proof of my age to the Company by way of supporting documentation (including without limitation an original birth certificate and/or valid passport). I acknowledge that the Company reserves the right to require at any time proof of my identity and/or eligibility.

14. I hereby warrant that I am legally resident in my country of residence specified above and will supply documentation confirming such if requested by the Company. I further warrant that I am in a good state of health and capable of taking part in the Competition.

15. I warrant that I have been and will be truthful, accurate and in no way fraudulent or misleading in completing the application form for the Programme, in supplying any personal details to the Company and in providing any Contribution.

16. I hereby undertake to disclose to the Company on signature of this Agreement details of any criminal convictions and/or unspent convictions other than driving offences which have not resulted in a ban or more serious sentence. I shall notify the Company immediately if there are any criminal charges brought against me or if any information I have provided becomes inaccurate up to and including the date of first television transmission of my last appearance on any episode of the Programme. I undertake to inform the Company immediately if any such information becomes inaccurate prior to first transmission of the last episode of the Programme.

Contribution and Grant of Rights :
17. With full title guarantee I hereby assign irrevocably to the Company (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in and to my Contribution such that the Company shall be entitled to use and exploit and license others to use and exploit such Contribution by all means and in all media and formats whether now known or hereafter invented throughout the universe for the full period of copyright including any extensions, revivals, reversions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore I grant irrevocably all consents and waivers (including without limitation any so-called “moral rights”) as required pursuant to the Indian Copyright Act of 1957 (and any amendment to and/or re-enactment thereof) and under all similar laws in any part of the world that may create rights in my Contribution to enable the Company to make fullest use of my Contribution and/or the Programme without restriction. I further confirm that I shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable and satellite re-transmission rights in my Contribution.

18. Without limiting the foregoing in any way, the Company shall be entitled to:
a use, collect and/or disclose any personal information about me for any purpose whatsoever as may be deemed necessary by the Company in connection with or in relation to the production, promotion, broadcast and/or transmission of the Programme, including, without limitation, to assess whether or not to select me for the Programme, to verify any of my personal information and/or to carry out background checks with law enforcement and government agencies. The Company shall also be entitled to share all such personal information with any producer, platform and/or sponsor of the Programme;

b alter, adapt or make additions to or deletions from the Programme (and my appearance thereon) at its discretion;

c make and exploit and to authorize the making and exploitation of any recording or fixation of my appearance separately from or in conjunction with the Programme throughout the universe in perpetuity in all media whether now known or hereafter invented;

d dub my voice in any language; and

e include my name, likeness, voice, biographical details, photographs of me and recordings of interviews with me separately from or in conjunction with the Programme in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material.

19. I acknowledge that there is no obligation on the part of the Company and/or any Platforms to record my contribution and/or broadcast any Programme in which I have appeared and/or all or any part of my contribution to the Programme.

20. I hereby agree that my appearance in the Programme is not a professional performance and does not entitle me to wages, salary or other compensation.

21. In the event I perform as part of the Competition any music and/or lyrics which are composed and/or written by me (“Composition(s)”) or submit any original photographs (“Photograph(s)”) or original video and/or audio recordings (“Recording(s)”) and/or other jokes, routines, magic effects, illusions, tricks, catchphrases (together the “Materials”), I hereby warrant that such Materials are wholly original to me, are not subject to any third party rights or encumbrances which have not been notified to the Company prior to my performance or submission of such Materials for the Programme and the performance and inclusion of the same as part of the Programme do not infringe the rights of any third party nor any common law or statutory rights in any other material. I hereby licence to the Company all rights in the Materials for the full period of copyright including any renewals, reversions, revivals or extensions throughout the universe so that the Company may synchronize and/or otherwise exploit the Materials separately from or in conjunction with the Programme in all media and formats throughout the Universe (including without limitation in advertising, publicity and exploitation material).