CBS

What's Your Zonk? Official Rules

WHAT'S YOUR ZONK?
CONTENT SUBMISSION TERMS OF USE & LICENSE

IF YOU ARE A MINOR DO NOT SUBMIT ANY MATERIALS WITHOUT FIRST OBTAINING YOUR PARENTS AND/OR GUARDIAN'S PERMISSION. MATERIAL MUST BE SUBMITTED UNDER PARENT OR GUARDIAN'S NAME.

Sponsor(s): CBS Interactive Inc. ("CBSI") and CBS Broadcasting Inc. ("CBS") (CBSI and CBS together the "Entities").

Program Description. During the Submission Period (as defined below), viewers of the TV show "Let's Make a Deal" will be asked to submit their original visual, humorous depiction of the fact that a Let's Make a Deal contestant has made a bad choice (the "Zonk"), which may be used/included into the television game show entitled "Let's Make a Deal" (the "Show") produced by 3 Doors Productions, Inc. ("Producer"). In order to submit a Zonk for the Show, users must go online to the CBSI Website (as defined below), once on the CBSI Website, users must follow the instructions on the Program (as defined below) page to complete the submission. Users may submit as many different Zonks as they want during the Submission Period.

1. Acceptance of Release & License. By submitting your Zonk and the information requested on the Program page (the "Content") on the website located at the domain 'CBS.com' (the "CBSI Website") you ("you", "your", "Participant") hereby accept and agree to these terms of use (the "Terms of Use") and license (the "License") and to the decisions of the Entities and Producer in connection with the "Let's Make a Deal 'What's Your Zonk'" Submission Program (the "Program"), whose decisions are final.

2. Eligibility. To submit Content in the Program you must be a legal resident of the United States or Canada and be at least eighteen (18) years old or older and the age of majority at the date of submitting the Content. In addition, a Participant is not eligible to submit a Zonk if the Participant does not wholly own the Content or has entered into an agreement that would make the broadcast of that Participant's Content subject to any third-party approval and/or rights. The specifications for creating and submitting the Content are explained below.

3. Submission Period. You may submit the Content between June 1, 2012 and December 31, 2013 ("Submission Period"). All submitted Content will be reviewed to verify Content's compliance with these Terms of Use. Content may not be immediately published on the CBSI Website, may be taken down at any time and/or may not be published at all if not in compliance with this Terms of Use and/or in Entities' sole discretion.

4. To Submit Content. Create a Zonk idea, go to the Program page on the CBSI Website, submit your name, address, date of birth, telephone number, any other information asked for on the Program page and follow the instructions to complete the submission process.

As part of the registration process for submitting the Content you will be required to click where indicated to signify that you have read, accepted and agree to be bound by these Terms of Use, including but not limited to the releases of liability herein including the decisions of the Entities and Producer which are final and binding in all respects.

5. Content Requirements & Restrictions.

Any and all Content:


a) must be submitted on the CBSI Website;
b) must not include any person other than the Participant or those people from whom Participant has prior written permission in order to submit
c) must not infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations or network standards;
d) must be suitable for display and publication on national television and not contain any nudity or content or performance that is sexually explicit, sexually suggestive, offensive, illegal, pornographic, indecent or obscene or that is in bad taste or is otherwise objectionable to the Entities, or any of them, in their sole discretion;
e) must not contain libelous , threatening, sexist, homophobic or otherwise defamatory and/or offensive statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
f) must not include threats to any person, place, business, group or world peace;
g) must not contain any commercial or advertising content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress;
h) must not contain the use of any foul or obscene language;
i) must not contain criticism of the Entities, Producer or the Show;
j) must not contain any abusive or hateful action against any individual or group;
k) must not contain and/or depicts drug use or other illegal activity; and
Failure to comply with any of the foregoing rules will result in immediate elimination of the submitted Content.

6. License. By submitting your Content, you grant the Entities and Producer a perpetual, worldwide, royalty free license to publish the Content on the CBSI Website and/or in the Show. Content submitted must be suitable for presentation in a public forum, in the sole determination of the Entities and Producer. Entities and Producer reserve the right to reproduce the Content in full and/or edit or enhance the Content for publication at their discretion in any media now known or hereafter developed, including without limitation, broadcast TV. Entities and Producer are authorized to use the Content as they see fit in any and all media for any purpose whatsoever, including usage in advertising. All Content is licensed to the Entities and Producer in a royalty free manner and will not be returned to Participants.

7. Conditions of Submission. As conditions of entry into the Program, each Participant:

a) warrants and represents that: (i) Participant has the sole and exclusive right to grant all rights in the Content and that no further consents are required from any other party for Entities and Producer to exercise the rights granted herein; (ii) except for the License granted to the Entities and Producer in these Terms of Use, Participant has not granted, and will not grant, any rights whatsoever in the Content to any other person or entity; (iii) the Content is not libelous, defamatory, slanderous, inaccurate, false, incomplete or potentially dangerous or harmful in any way and is otherwise in full compliance with the Content Requirements and Restrictions set forth above; (iv) if Participant's Content is posted on the CBSI Website, Participant understands and agrees that visitors to these websites may comment freely on Participant's Content. The Entities or Producer shall have no liability to Participant in connection with any such comments (which Participant understands may be derogatory, negative and/or injurious). Participant understands and agrees that Participant shall have no rights or claims arising from or concerning any such comments; (v) the Content is: (1) wholly original to Participant and has been legally obtained and created; (2) does not contain any thoughts, ideas, musical compositions, sound recordings, audio-visual works or other creative elements or intellectual property of a third party; (3) does not violate or infringe upon the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, regulations or network standards; and (4) has not been published previously in any medium by Participant or any other person or entity; (vi) Participant is a legal resident of the United States or Canada, at least eighteen (18) years old and the age of majority as of the date of submission of the Content; (vii) Participant has not entered into any other agreement, and has not done and will not do any act or thing which in any way prevents, hampers, conflicts or interferes with the full and complete performance of Participant's obligations, or the Entities' or Producer's exercise of any rights which Participant has granted hereunder, or which interferes with the rights of any third-party; (viii) No other party, or any agent, representative or attorney of any other party, has made any promise, agreement, covenant, representation or warranty whatsoever, express or implied, which is not expressly contained herein concerning the subject matter hereof, to induce or compel Participant to submit the Content, and Participant acknowledges that Participant has not entered into agreement or submitted any Content in reliance on any such promise, agreement, covenant, representation, or warranty not expressly contained herein; (ix) Participant grants to the Entities and Producer the right to use his/her name and likeness in connection with the Program and the Show, and releases the Entities and Producer from any and all claims, damages, liabilities, costs and expenses arising out of, or resulting from, Participant's participation in the Program and/or the Show.

b) licenses to the Entities, Producer and their affiliates, legal representatives, assigns, agents and licensees, on a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable basis, the right to reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Participant's name, address, image, voice, likeness, statements, biographical material and any materials included as part of Participant's participation in the Program, including, but not limited to, the Content or performances contained in any of the above items, and all recordings or Content made or submitted in connection with the Program, as well as any additional photographic images, Content images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in this Program (with or without using the Participant's name) (collectively, the "Entry Materials") (in each case, as submitted or as edited/modified in any way, whether by the Entities or Producer, their licensees, or assigns, in the Entities' and Producer's sole discretion) in any media, format or medium throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other party, except as prohibited by law;

c) Participant forever waives any rights of privacy, rights of publicity, intellectual property rights, claims of defamation, and any other legal or moral rights that may preclude the Entities' or Producer's use of the Participant's Entry Materials, or require the Participant's permission for the Entities or Producer to use them for any purpose, and releases and agrees never to sue or assert any claim against the Entities or Producer arising out of use of the Entry Materials or otherwise;

(d) acknowledges and agrees that: (i) the Entities and Producer have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Entry Materials in theme, idea, plot, format, characters and/or other respects; (ii) Participant will not be entitled to any compensation or other consideration because of the use the Entities and/or Producer of any such similar or identical material, ideas and/or concepts; and (iii) Entities' and/or Producer's use of material containing elements similar to or identical with those contained in the Entry Materials or any Content shall not obligate the Entities or Producer to negotiate with nor entitle Participant to any compensation or other claim;

(e) WILL INDEMNIFY AND HOLD THE ENTITIES, PRODUCER AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, GOVERNORS, TRUSTEES, AND VOLUNTEERS, AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "PROGRAM INDEMNITEES") HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE PROGRAM INDEMNITEES ARISING OUT OF OR IN CONNECTION WITH (A) ANY ENTRY MATERIALS (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS OF THIRD PARTIES, WHETHER OR NOT GROUNDLESS, BASED ON THE SUBMISSION OF SUCH OTHER MATERIAL); (B) ANY BREACH BY PARTICIPANT OF ANY WARRANTY, AGREEMENT OR REPRESENTATION CONTAINED IN THE TERMS OF USE OR IN ANY DOCUMENTATION SUBMITTED BY PARTICIPANT, INCLUDING BUT NOT LIMITED TO THE LICENSE; (C) PARTICIPANT'S CONDUCT DURING AND IN CONNECTION WITH THIS PROGRAM, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR DEFAMATION; OR (D) THE ACCEPTANCE OF ANY BENEFIT OR AMENITY PROVIDED IN CONNECTION WITH THE PROGRAM;

(f) PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT, AFTER AGREEING TO THE TERMS HEREIN PARTICIPANT MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN, UNDISCOVERED OR UNSUSPECTED BY PARTICIPANT AT THE TIME AND WHICH, IF KNOWN, DISCOVERED OR SUSPECTED BY PARTICIPANT AT THAT TIME, MAY HAVE MATERIALLY AFFECTED PARTICIPANT'S DECISION TO AGREE TO THE TERMS HEREIN. PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF PARTICIPATING IN THE PROGRAM, AGREEING TO THE GENERAL RELEASE AND LICENSE CONTAINED HEREIN AND EXECUTING ANY RELEASE OF LIABILITY, PARTICIPANT IS ASSUMING ANY AND ALL RISKS OF KNOWN OR UNKNOWN, DISCOVERED OR UNDISCOVERED, SUSPECTED OR UNSUSPECTED FACTS AND CLAIMS; AND

(g) agrees to execute any documents or take any further action required by the Entities and/or Producer to effectuate the grant of copyrights and other agreements made by each Participant in these Terms of Use. In addition, and at the Entities and/or Producer's request, each Participant agrees to execute documents that assigns to the Entities and Producer all rights, title, interest and copyright in and to his/her Content. 8. Release and Indemnity: Each Participant in this Program, hereby releases and agrees to hold harmless the Entities, Producer and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from participation in this Program and participation in any activity related to this Program.

9. BINDING ARBITRATION: THE PARTIES WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS OF USE AND/OR THIS PROGRAM. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR THIS PROGRAM SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF CALIFORNIA, IN THE CITY OF LOS ANGELES, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF.

10. Governing Law and Jurisdiction: This Program is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of Participant and Entities and Producer in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.