TALKING DEAD - Submission Rules, Procedures, License, Waiver, and Release
- How to make a Submission:
- Calling – 1-855-DEAD-LIVE (1-855-332-3548) – Telephone lines are ONLY open beginning 1/2 an hour prior to and then during the first-run exhibition television exhibition in the ET time zone (simulcast in HD only on the West Coast) of the Series (“First-Run East Coast Live Episodes”). Check your local listings for details. You must be (or have permission from) the registered subscriber of the telephone account used to make the call.
- The Website – visit http://www.talkingdead.com or http://www.amc.com/shows/talking-dead and follow the instructions to make your submission. You must be the registered subscriber of the email account entered with your Submission. Written Submissions are limited to 1,000 characters.
- Play Along Live – visit talkingdead.com/playdead during the airing of the live show for an opportunity to vote in polls and quizzes in real time via your smart phone, tablet or computer. All results are based on first run East Coast live episodes.
- Use of your Submissions:
Only Submissions during First-Run East Coast Live Episodes will be considered for inclusion in such episodes. Submissions made after such time will only be considered for inclusion in future episodes of the Series (whether live or prerecorded). The decision to make use of any Submission is solely at Producer's and AMC's discretion, and Producer and AMC have no obligation to do so. By providing a Submission, you grant Producer and AMC, their respective licensees, successors, and assigns a worldwide, royalty free, perpetual, irrevocable, non-exclusive, and fully sub-licensable and assignable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display your Submission (in whole or in part) in and/or in connection with the Series, in any other program, or in any advertising, promotion and publicity, in any form, in any and all media now known or hereinafter devised, throughout the world, in perpetuity. Producer and/or AMC may, in their sole discretion, post or mention your first name, last name, city and/or state, in connection with use of your Submission, without additional credit, compensation, notification, permission or approval.
- General Conditions:
- Submission MUST: be original, truthful, unpublished and created solely by you.
- Submission MUST NOT:
- contain any obscene, offensive, libelous, defamatory, tortuous, derogatory, unlawful or otherwise inappropriate material as determined by Producer and AMC in their discretion;
- contain any confidential information or information that could identify any third party;
- infringe any rights of any third party, including, but not limited to, copyright, trademark, privacy and publicity rights, or violate any law or regulation; or
- be generated by a script, macro or other automated means, or be incomplete, illegible or corrupted.
By making a Submission, you represent and warrant your Submission will comply with the above General Conditions. You further acknowledge and agree that you are solely and entirely responsible for all Submissions that you submit and the consequences of your Submission, and that the Submissions do not reflect the views of Producer, AMC, or any Series sponsors. You assume all liability for any injury or damages caused or claimed to be caused by your Submission, and you agree to indemnify, release and hold harmless Producer, AMC, Series sponsors, and each of their respective parents, subsidiaries, affiliates, successors, licensees and assigns, and their respective officers, directors, agents, equity holders and employees (collectively, the “Released Parties”) from any and all claims, actions, damages, losses, liabilities, costs, expenses (including, without limitation, attorneys’ fees), injuries or causes of action (collectively, “Claims”) whatsoever that in any way are caused by, arise out of or result from, your creation and submission of the Submission, the exercise of any rights or permissions granted herein, the inclusion of the Submission in the Series or any other work, the distribution, exhibition, publication, or other exploitation of the Series or any other work, or the use of your Submission or any works derived from your Submission by the Released Parties, on any legal theory whatsoever, including without limitation, Claims for idea misappropriation, copyright infringement, trademark infringement, unauthorized use of name and/or likeness, invasion of privacy and defamation. Released Parties assume no responsibility for any injury or damage to you as a result of submitting your Submission, or to any person's computer or mobile device relating to or resulting from entering or downloading materials or software in connection with submitting a Submission. Released Parties are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of Submissions, or for Submissions that are stolen, misdirected, garbled, delayed, lost, late, or damaged. You acknowledge that Producer and/or AMC will rely on the permissions, representations, and rights set forth in these Rules potentially at substantial cost to Producer and/or AMC and you hereby agree not to assert any Claim of any nature whatsoever against anyone relating to the exercise of the rights and permissions granted herein.
You agree that any and all disputes or controversies arising under these Rules or any of its terms, any effort by any party to enforce, interpret, construe, rescind, terminate or annul these Rules, or any provision thereof, and any and all disputes or controversies relating to your Submission and/or any use thereof in and/or in connection with the Series or otherwise, shall be resolved by binding arbitration in accordance with the following procedure: either (i) Producer, its licensee or assignee and you shall mutually select an arbitrator, who shall be a retired judge of a state or federal court or an attorney with ten (10) or more years of experience in the entertainment industry or (ii) if Producer, its licensee or assignee and you cannot agree on such arbitrator, Producer, its licensee or assignee and you shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court or an attorney with ten (10) or more years of experience in the entertainment industry. All arbitration proceedings shall be conducted under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its New York, New York office. The parties agree that the arbitrator’s ruling, or arbitrators’ ruling, as applicable, in the arbitration shall be final and binding and not subject to appeal or challenge. You further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties. Notwithstanding the foregoing, nothing in this paragraph or in the applicable rules of the American Arbitration Association shall prevent Producer, its licensees or assignees from seeking equitable and/or injunctive relief outside of arbitration, with or without posting any bond, pending the arbitrator’s or arbitrators’ (as the case may be) final decision.
These Submission Rules, Procedures, License, Waiver, and Release (collectively “Rules”) apply to the Talking Dead Television Series and the Talking Dead Live Web Show (collectively, the “Series”). By contributing a Submission (as defined below) to the Series, you agree to be bound by these Rules. These Rules set forth the rights between you on the one hand, and Vandam Productions, LLC ("Producer") and AMC Network Entertainment LLC ("AMC") and their respective successors, licensees, and assigns on the other hand, and are void where prohibited by law.
During the exhibition of the Series, viewers may be invited to contribute to the Series by answering or asking questions, participating in polls, providing comments, suggestions, compositions, or other original materials, or by other means. Viewers may make such contributions via voice call, email, Facebook, or Twitter, subject to change from time to time at Producer’s and AMC’s discretion (each, a “Submission”). You agree that you have received good and valuable consideration for your Submission (the receipt and sufficiency of which is hereby acknowledged), including, but not limited to, Producer's and AMC's consideration of your Submission for, and the possibility of, inclusion of your Submission in the Series and publicity regarding your Submission.
Please note that the Series will only be live to viewers in the ET time zone (simulcast in HD only on the West Coast). Check your local listings for details.
Eligibility: You must be 18 or older and a US citizen or legal resident of the US to contribute a Submission; provided that solely in connection with the submission of fan questions via live Skype video calls (e.g., in connection with live Season and Mid-Season Finales), you need not be a US citizen or legal resident of the US.
In the event of any breach or alleged breach of these Rules by Producer, AMC or any of the other Released Parties, you agree that the damage, if any, caused you thereby will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief, and your rights and remedies, if any, in any such event will be strictly limited to the right, if any, to recover compensatory monetary (but not punitive or consequential) damages in an action at law, and you will have neither the right to rescind or terminate Producer’s, AMC’s or their respective licensees’ or assigns’ rights and permissions as granted herein, nor the right to enjoin the production, exhibition or other exploitation of the Series or any other work, or any subsidiary or allied rights with respect thereto, nor will you have the right to terminate your obligations hereunder by reason of such breach or alleged breach.