Terms and Conditions
Last updated: October 2023
We at Newpreneurs Victor Green Productions Inc (“Newpreneurs,” “we,” “us,” or “our,”) created these Terms and Conditions (“Terms”) to help you understand the submission process. If you submit an idea or product for consideration to us, then you agree to these Terms. Please read them carefully. All persons who submit an application are called “Applicants,” “you,” or “your.”
Your Eligibility
All Applicants covenant, represent and warrant that they meet the following eligibility criteria (which we may change at any time in our sole discretion) in order to submit an application:
- You are under the age of 25 as of the date of your application.
- If you are under the age of 18, your parent or legal guardian must apply on your behalf and must consent to your potential participation.
- You reside in the United States of America.
- You are either a citizen or a legal resident of the United States of America.
- You are not a candidate for public office, and you will not become a candidate for public office until one (1) year after the initial exhibition of the episode in which you appear, if you are selected as a Participant.
- You have never been charged with or convicted of a felony.
- You must voluntarily submit to a background check.
- If selected as a Participant, you will personally appear without substitution.
You understand and agree that we have sole discretion to determine participant eligibility.
Your Application
As an Applicant, you are submitting your original idea or product (“Idea”) that has shown proof of concept. Your application is not confidential and may be shared with the general public for the purpose of promoting Newpreneurs and its Program. Submission of an application does not guarantee your selection as a Participant, not is there any implied guarantee or service associated with your submission.
All Applicants agree to share your personal and business information, information about your original Idea or product, and the story or history behind your Idea with us, or our designees. You agree that we can share any or all of that information with the general public for the purpose of promoting Newpreneurs and its Program and no monies will be payable to you for sharing your Idea, its use or exploitation in connection with Newpreneurs and its Program, or its use in any advertising, promotion, marketing, or publicity in connection therewith.
If you are selected as a Participant, you agree to appear on Newpreneurs and its Program, and on social media platforms to represent your Idea to potential investors. You also declare that you will, in good faith, if selected, accept your role as a Participant as a means for obtaining investment in your Idea, and not merely for opportunities outside of the Program. While other opportunities may emerge organically, you are declaring this is not your intention.
You will retain ownership of your Idea. We do not claim ownership over any of it. These Terms do not grant us any rights to your Idea except for the limited rights needed for us to produce Newpreneurs and its Program, and as otherwise described in these Terms.
You grant us a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Idea, but only for the limited purposes of providing the Program and as otherwise permitted by our Privacy Policy. This license for such limited purposes continues in perpetuity. This license also extends to any third parties we work with to the extent necessary to provide the Program to you.
You acknowledge and agree that you will receive no compensation, cash or otherwise, for your submission of an application or your potential selection as a Participant.
You acknowledge and agree that all Participant selection and elimination decisions shall be final and binding in all respect, and shall not be subject to challenge or appeal.
Your Idea
You must have either (a) an Idea at concept stage with a prototype for demonstration, or (b) your Idea must be manufactured in a socially responsible country under no legal restriction against doing business in the United States.
You are responsible for your Idea and must ensure that you have all rights and permissions needed to use the Idea on our Program. We are not responsible for any actions you take with respect to your Idea, including sharing it publicly.
You represent and warrant that any Idea you submit (a) is original to you, and no other person has any interest or claim to it, (b) does not violate the intellectual property rights of any third party, and (c) you have sufficient rights to submit this application.
You acknowledge that we may need to review your Idea to ensure compliance with laws, an whether it complies with our Terms. We may refuse to display content that we believe violates the law or these Terms. However, we have no obligation to monitor, review or approve any content you supply to us.
You acknowledge and agree that we, or any person we designate, may investigate, access and collect information about you, about any of the statements made by you in your application, any supporting documents, and any other documents that you have signed or provided, or do sign or provide in connection with your application to be selected as a Participant in the Program, or any other written or oral statement that you make in connection therewith, to the maximum extent permitted by law.
Without limiting the foregoing, you irrevocably authorize us and any person or entity we designate to obtain information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, any branch of the military, and any references you have provided, and you irrevocably authorize such parties to provide information concerning you.
You hereby unconditionally and irrevocably release and forever discharge us, the persons or entities designated by us, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, you specifically authorize investigation of your employment records, medical records, and government records, including but not limited to your motor vehicle records, criminal records, civil records, military records, credit and consumer report(s). You acknowledge and agree that any such information obtained by us or by any person or entity designated by us pursuant to this paragraph or otherwise may be used for purposes of selecting Participants and may be described or otherwise related in and in connection with the Program, and in and in connection with any advertising, promotion or publicity for the Program, to the maximum extent permitted by law.
NOTE: Do not disclose to us any Idea or invention for which you intend to apply for a patent protection and have not yet done so. Public disclosure of this information could cause you to lose your ability to file your patent application. If you are unsure whether to proceed, please contact your legal counsel.
Confidentiality
Without our express prior written consent, you shall not at any time, reveal, report, publish or disclose any information or trade secrets obtained or learned by you about the Program, including, without limitation, any information concerning or relating to the Program or any person or entity involved in or associated with the development, production, exhibition or distribution of the Program, or any ideas, products, inventions, services or businesses presented by any participant in connection with the Program (collectively, “Confidential Information”).
This confidentiality obligation shall remain in place whether or not you are selected as a Participant in the Program, and shall continue both during and after your participation in the participant selection and, if you are selected as a Participant, your participation in the Program, and shall continue regardless of whether or not an episode of the Program has been broadcast which may include some or all of the Confidential Information.
You further agree that any Confidential Information of which you become aware will only be used for the express and exclusive purposes for which we have instructed you to use the Confidential Information.
General Legal Terms
Disclaimers - EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PROGRAM AND ASSOCIATED MATERIALS AND SERVICES (COLLECTIVELY, “SERVICES”) ARE PROVIDED “AS IS” AND NEWPRENEURS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Exclusion of Certain Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEWPRENEURS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF NEWPRENEURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF NEWPRENEUR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO NEWPRENEUR FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) $25.00.
Assignment - You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign these Terms at any time without notice to you.
Entire Agreement - These Terms constitute the entire agreement between you and Newpreneurs, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors - The relationship between you and Casting Crane is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation - The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver - A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Severability - If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Choice of Law – This website and your application shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
Mediation & Arbitration - You agree that if any controversy or claim arising out of or relating to this website or your application cannot be settled through direct discussions, you shall endeavor first to settle the controversy or claim with us by a mediation administered by JAMS under its applicable rules. If the dispute is not otherwise resolved through direct discussions or mediation, you agree that the controversy or claim, including the scope or applicability of these Terms to arbitrate, shall then be resolved by final and binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”, including, without limitation, to the maximum extent permitted by law, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses). THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM, AND A FURTHER COPY OF THE JAMS RULES SHALL BE PROVIDED TO YOU BY US UPON REQUEST. THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE (i) AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN CALIFORNIA, OR (ii) A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, THE DAMAGES RECOVERABLE BY EACH OF US SHALL BE LIMITED TO ACTUAL DAMAGES, AND YOU WAIVE THE RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES THE PARTIES TO ANY DISPUTE HAVE WAIVED HEREIN. FURTHER, YOU AGREE THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO US, THE PROGRAM, THE SOCIAL NETWORK AND OUR LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, YOU MAY NOT SEEK OR OBTAIN ANY INJUNCTIVE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANTING ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING.
Release and Covenant Not to Sue - To the maximum extent permitted by law, You, for yourself and your heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns and any companies owned or controlled by you, irrevocably and unconditionally release, and covenant not to sue, each of the Released Parties (as hereinafter defined) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out, resulting from or by reason of my application for and/or participation in or in connection with the Program, any disclosure of your idea, product, invention, service or business, the failure of the Producer to select you as a Participant, including, without limitation, you participation in the Participant selection process of the Program, and any exploitation of the Program, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light, defamation, breach of trust, breach of express or implied contract, idea theft, or breach of any statutory or other duty of care owed under applicable laws) (the “Released Claims”).
The term “Producer” shall include WGA, Victor Green, Dara Trujillo, Joseph Knight, each of their licensees, successors, and assigns, and each of their respective officers, directors, shareholders, participants, employees, agents, and representatives. You agree that Producer may license, assign, and otherwise transfer this application and all rights granted by you under this application to any person or entity.
The term “Released Parties” shall mean and refer to Producer, Social Network, all entities and platforms and Corporation, and any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
Submission Attestation
By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this Application honestly and accurately; (iii) if the applicant is a minor, you represent that you are the parent or other legal guardian of the minor, are authorized to apply on behalf of the minor and are submitting and signing this Application on behalf of the minor; (iv) I will receive no credit or compensation for this Application; (v) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program Participant selection process and/or from the Program contest (if any), if selected; (vi) even if I meet the eligibility requirements, Producer has no obligation to further contact me, interview me, and/or select me as a participant; (vii) even if I am selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and has no obligation to exhibit it, even if produced; (viii) I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable); (ix) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; (x) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant; (xi) my submission of this application and the information I provide in connection with it (including information regarding the Product) are not and shall not be claimed to be confidential in any respect; (xii) no promise, express or implied, has been made to induce me to submit this application or the Product; (xiii) the Producer Parties have a diversified submission process for the Program and otherwise that includes numerous submissions of products by other applicants and therefore may possess or come into possession of information, ideas or products similar or identical to information, ideas or the Product contained in my submission, and should there be any such similarities or identical information, I will not pursue any claim or entitlement to compensation, credit or other consideration against any of the Released Parties (as hereinafter defined) and hereby release the Released Parties from any and all claims relating to my submission to the full extent of the releases set forth below, including, any claim I might otherwise have if my submission does not reach Producer for any reason; (xiv) all products submitted by me and all materials submitted with a product (“Vendor Materials”) shall be original with me and no other person or entity has an interest therein or claim thereto or I have sufficient rights in and to all such products and Vendor Materials such that my submission to Producer hereunder shall not violate the intellectual property rights or other rights of any third party, nor shall the consent of any other person or entity be required for me to present such products and Vendor Materials for sale in or in connection with the Program; (xv) the Product does not infringe on the patent, copyright or other intellectual property of any person or entity; and (xvi) I AM ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.
I have read, understand, and agree with the foregoing. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT.