PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE.

These Terms of Use ("Terms") apply to the web sites, web pages, interactive features, applications,
widgets, blogs, social networks, social network "tabs," alternative reality worlds or features, rewards
programs, and other online or wireless offerings that post a link to these Terms, whether accessed
via computer, mobile device or other technology, manner or means (each, a "Site," and collectively,
the "Sites"). The Sites include, without limitation,

The Sites are offered by Actions Louder TV aka SYTYKM; and/or one of their subsidiaries or
affiliated companies these Terms govern your rights and responsibilities in connection with the
particular Site you are using (referred to sometimes as "the" Site). The term Site includes the content
on that Site, all of our services provided on or through that Site, including any rewards programs (the
“Services” or the "Site Services"), and any software that we make available on or through that Site
(the "Software"), unless otherwise SYTYKM specified. You "use" the Site anytime you access (via
computer, mobile device or other technology), view, link to or from, or otherwise interact or
communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other
users through the Site (including, without limitation, on message boards, chat rooms and/or other
communities established on the Site). Your use of the Site (or any part thereof) signifies your
agreement to be bound by these Terms. These Terms are a binding legal agreement between you
and Actions Speak Louder TV aka SYTYKM: please read them carefully before you use the Site. Do
not use the Site if you do not agree with any of the terms contained herein.

Given the nature of the Internet, even though the Site is ordinarily (but not always) targeted to
residents in Hampton Roads Virginia, USA, it may be accessed in other parts of the world. If you are
not a USA resident and yet use the Site, you acknowledge, understand and agree that you are doing
so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make
sure that your use of the Site complies with all applicable local laws in the jurisdiction from where
you access or use the Site. IF YOU ARE NOT A Resident of Virginia in the Designated Market Area,
BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU
EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO THE USA, AND TO THE
PROCESSING OF SUCH DATA ON ACTIONS SPEAK LOUDER TV’S (OR ITS DESIGNATED
VENDORS’) USA SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY USA LAWS THAT
MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR
COUNTRY.

Actions Speak Louder TV reserves the right, at its sole discretion, to change, modify, and/or add to
these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted.
You agree to review these Terms periodically to become aware of any changes. Your use of the Site
or any part thereof after any changes to these Terms are posted will be considered acceptance of
those changes and will constitute your agreement to be bound thereby. If you object to any such
changes, your sole recourse will be to stop using the Site. Your use of certain Site features,
functionality, programs or Services (including, without limitation, contests, sweepstakes, promotions,
rewards programs, wireless marketing opportunities, photo or video or other User Submissions (as
defined below) uploading/posting opportunities, RSS feeds, etc.) offered on or through the Site may
be subject to additional or SYTYKMcial terms and conditions ("SYTYKMcial Rules"), and before you
use any such features, functionality, programs or Services you may be required to indicate your
acceptance of such additional SYTYKMcial Rules. All SYTYKMcial Rules are incorporated into these
Terms as if fully set forth herein.

In addition, the Sites may include links to other web sites, web pages, interactive features,
applications, widgets, blogs, social networks, social network "tabs," alternative reality worlds or
features, rewards programs, or other online or wireless offerings offered or operated by Actions
Speak Louder TV, including without limitation http://www.Actions Speak Louder TVrewards.com
(“Other Actions Speak Louder TV Offerings”), that are subject to their own different terms of use.
When you use those Other Actions Speak Louder TV Offerings, you are also subject to any terms of
use posted there and all such terms of use are incorporated into these Terms as if fully set forth
herein.

1. OWNERSHIP; RESTRICTIONS ON USE

The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all
other intellectual property rights therein are owned by Actions Speak Louder TV and/or its licensors
and are protected by applicable USA and international copyright and other intellectual property laws.
You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights
in and to the Site content and/or any portion thereof, except: (i) with reSYTYKMct to your own User
Submissions (excluding any materials - e.g., key art, title treatment, clips, stills, music tracks, etc. -
used in your User Submissions that may have been licensed to you by Actions Speak Louder TV for
use in your User Submissions, for example in connection with a contest or other program or feature
offered on the Site (such content referred to as the "Actions Speak Louder TV Licensed Assets"));
and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial)
purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the
conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and
conditions of these Terms. Except in connection with your own User Submissions (and then only to
the extent you control them), or unless expressly authorized by Actions Speak Louder TV pursuant
to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access
through technology or means other than those provided on the Site, perform, transfer, sell, resell,
download, upload, archive, license to others, edit, modify, manipulate, create derivative works from
or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting
cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link
from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate
into any hardware or software application, use for commercial purposes, or otherwise use or exploit
the Sites or any component part thereof. Any of the unauthorized uses referred to above would
constitute an infringement of the copyrights and other proprietary rights of Actions Speak Louder TV
and/or its licensors (including, without limitation, other Site users who have submitted their own User
Submissions) and a violation of these Terms and may subject you to civil and/or criminal liability
under applicable laws.

2. LICENSES GRANTED TO YOU

Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set
forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to
you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-
assignable, worldwide, royalty-free rights and licenses (each a "License"):

A. the License to access, view and otherwise use the Site (including, without limitation any Site
Services provided on or through the Site) for your personal (non-commercial), lawful use only, as
intended through the customary and authorized functionality of the Site;

B. the License to stream Site content using any of the widgets and/or other digital streaming Internet
video players, if any, provided on the Site (any such widget or other digital streaming Internet video
player referred to as a "Site Widget") for your personal, lawful use only;

C. the License to cut and paste certain code expressly made available to you through the Site
(whether such functionality is designated as "sharing" functionality or not) in order to embed, re-
publish, maintain, and/or display the SYTYKMcific Site content to which such code relates on your
own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively,
your "Personal Social Media"), and/or, if the Site provides "widget grabbing and embedding"
functionality, to "grab" a Site Widget and embed, re-publish, maintain, and/or display such Site
Widget on your Personal Social Media;

D. the License to cut and paste certain code expressly made available to you through the Site,
and/or if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget, to
forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site
content contained therein, and/or, if they so desire, so that they themselves may embed the
forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their
own friends;

E. if the Site includes a "Send to Friend" or similar tool that allows you to initiate and send to one of
your friends an email communication that includes Site content, and the tool is operational, the
License to use the tool to request that the Site's servers convey your message to your friend;

F. if the Site includes a "Download" link next to a piece of Site content (including, without limitation,
an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), the License to
download a single copy of such content to a single computer, mobile or other permitted device for
your personal, non-commercial use only;

G. if the Site enables you to download Software, the License to install and use one copy of the
Software on your personal computer system, mobile or other permitted device in machine-
executable object code form only and make one additional copy for back-up purposes; provided,
however, that you understand and agree that (i) by allowing you to download the Software, Actions
Speak Louder TV does not transfer title to the Software to you (i.e., you own the medium on
which the Software is recorded, but the Software's owner (which may be Actions Speak Louder TV
and/or its third party Software licensor) will retain full and complete title to such Software); (ii) you
may not copy, modify, adapt, translate into any language, distribute, or create derivative works
based on the Software without the prior written consent of Actions Speak Louder TV; (iii) you may
not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to
sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile,
disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code,
underlying ideas, underlying user interface techniques, or algorithms of the Software by any means
whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; and (v)
because the laws and regulations of the USA restrict the export and re-export of commodities and
technical data of USA origin, including the Software, you will not export or re-export the Software in
any form in violation of the laws of the USA or any foreign jurisdiction, and in addition, you represent
and warrant that you are not a national or resident of any country to which the USA has embargoed
goods, or on the USA Treasury Department's list of SYTYKMcially Designated Nationals or the U.S.
Commerce Department's Table of Denial and Prohibition Orders;

H. the License to obtain a registered personal account (and/or related username and password) on
the Site and interact with other Site users as part of Site-based chat rooms, message boards, social
media networks, online multiplayer games and/or other activities or similar Services offered on the
Site; and

I. the License to use any other functionality expressly provided by Actions Speak Louder TV on or
through the Site for use by users, subject to these Terms (including, without limitation, functionality
to create and/or Submit User Submissions).

3. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon your
compliance with each of the following:

• In order to be member in, and use, the So You Think You Know Me program (the “WOF Program”)
you must be (i) at least 13 years of age, and (ii) a legal resident of the United States of America. In
order to access and use the WOF Program and the Site, you will need computer equipment and
telecommunications access to the Internet, all of which you must provide, at your own expense.

• You may only use the WOF Program for personal, noncommercial use. You may not try to transfer
any benefits of using the WOF Program and you may not combine or merge your Account (as
defined below) with any other member’s Account.

• An individual may only have one WOF Program account (each an “Account”), even if that individual
has multiple e-mail addresses. Additionally, only one Account per email address is allowed. In
addition to an email address, each Account must have an associated password, which the member
will select when he/she registers with the WOF Program. (By such registration, you acknowledge
and agree that Actions Speak Louder TV may use your email address and password to (a) access
your Account and records, for all purposes, and (b) update your Account profile information, and (c)
assist you with redeeming Actions Speak Louder TV Rewards Points (as defined below).) Only
individuals are eligible to use the WOF Program. Business entities (including partnerships and
corporations), and automated services, scripts, or machines are not eligible to use the WOF
Program or become members.

• Regardless of whether you use the Sites, the WOF Program or both, you are solely responsible for
keeping your e-mail address and password confidential, and for all activities that occur on your
Account, including all unauthorized activities. Actions Speak Louder TV is entitled to act on
instructions received by it if a correct email address and password is used, and in such case will not
be liable for (i) any credits or debits made to the applicable Account, or (ii) any loss or damage
arising from a member’s failure to adequately safeguard his/her password. You agree to (i)
immediately notify Actions Speak Louder TV of any unauthorized use of your Account or any other
breach of security related to the WOF Program or the Site, and (ii) ensure that you log out from your
Account at the end of each session.

• You will not create or Submit (as defined below) a User Submission that is unlawful, pornographic,
obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent,
profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or
that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable
laws, rules, regulations or Federal Trade Commission guidelines ("Applicable Laws"), or that
infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing
or unauthorized content;

• You will not embed, re-publish, maintain and/or display any Site content (including, without
limitation, any of your own User Submissions) on any Personal Social Media or other web site or
other Internet location that ordinarily contains or hosts content that is unlawful, pornographic,
obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent,
profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or
that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable
Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or
unauthorized content;

• You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized
advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or
physical distress or injury to anyone, or defame or disparage someone, or engage in any other
unlawful or objectionable conduct while using the Site;

• You will provide accurate, current and complete information about you or anyone else, and you will
not provide false information about you or anyone else (including, without limitation, if you are being
asked on the Site to provide accurate information about your age), you will update any information
you previously provided if it becomes inaccurate, and you will not impersonate or appear to
impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;

• You will not use any one or more of the Licenses granted to you (and any associated functionality)
to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, or forward any
material or information, whether personally identifiable or not, posted by or concerning any other
user of the Site, unless you have obtained prior written permission from such user to do so;

• You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site
(or any parts thereof);

• You will abide by all copyright notices, information, and restrictions contained in or associated with
any of the Site content;

• You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or
other proprietary notices marked/displayed on Site content, Software or Site Services;

• You will not remove, alter, interfere with or circumvent any digital rights management mechanism,
device or other content protection or access control measure (including, without limitation geofiltering
and/or encryption) associated with Site content;

• You will not use any of the rights granted to you or any of the Site content or Site Services in a
manner that suggests an association with any of Actions Speak Louder TV's products, services or
brands, unless otherwise SYTYKMcifically permitted in writing by Actions Speak Louder TV
(including, without limitation, if you have been "designated" a Site or Actions Speak Louder TV
"ambassador" or "Face of the Fan®");

• You will not use bots, spiders, offline readers or other automated systems to access or use the Site
in a manner that sends more request messages to the Site's servers in a given period of time than a
human can reasonably produce in the same period by using a conventional Web browser, unless
you are lawfully operating a public search engine, in which case (subject to Actions Speak Louder
TV's full discretion to revoke this exception at any time), you may use spiders to index materials from
the Site for the sole purpose of creating publicly available searchable indices (but not caches or
archives) of such materials;

• You will not knowingly transmit any material that contains adware, malware, spyware, software
viruses, timebombs, cancelbots, worms, Trojan horses, or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment;

• You will not do anything that is likely to adversely affect or reflect negatively upon or harm the
goodwill or reputation of Actions Speak Louder TV or any of its affiliates, or the Site, or any other
web site of Actions Speak Louder TV or any of its affiliates, or any of the content running or being
promoted on the Site (including, without limitation, any movie, television program or other initiative);

• You will not do anything on the Site that would prevent other users' access to or use of the Site or
any part thereof;
• You will be responsible for maintaining the confidentially of any password associated with access
to the Site (including, without limitation, in those instances in which the Site uses the account
creation mechanism and management of a third party’s social network, web site or device), and you
are solely responsible for all activities that occur under your email address and password;

• Except as expressly permitted, you will not forward or distribute, reproduce in any manner
whatsoever, or post on any internet site, offers or promotions that you receive from Actions Speak
Louder TV and its affiliates, third party merchants, partners, sponsors and clients; and

• You will use the Site and the Licenses at all times in compliance with these Terms and all
Applicable Laws.

4. USER SUBMISSIONS; GRANT OF LICENSE TO ACTIONS SPEAK LOUDER TV; YOUR

WARRANTIES AND REPRESENTATIONS

The Site may enable you to send, post, upload, transmit through webcam or similar functionality or
otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of
where a particular piece of your content resides), or otherwise display or exchange (including,
without limitation, with other Site users) on or by means of the Site to other destinations, such as
social networking pages (including, without limitation, to your Personal Social Media) (collectively,
"Submit" or “Submitting”), your videos, textual comments, photographs, images, or other creative
works and/or other personal media content and your ideas, opinions, feedback, and other
information, (collectively, your "User Submissions"), and such User Submissions will generally be
available to all users of the Site or to others using the destinations (such as for example social
networking pages) where you have submitted your User Submissions. By Submitting your User
Submissions on or by means of the Site you expressly acknowledge and agree that you and only
you will be responsible for the content of your User Submissions and for any consequences that may
arise therefrom. Except as may otherwise be provided in any special Rules, it is not Actions Speak
Louder TV's regular, established practice to monitor, control, or have knowledge of the User
Submissions Submitted using the Site, but Actions Speak Louder TV may do so in its sole discretion.
When you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you
automatically grant to Actions Speak Louder TV and its affiliates, an irrevocable, perpetual,
worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licensable to
multiple tiers of sub-licensees, non-exclusive right and license (the "Actions Speak Louder TV
License") to display, publicly perform, distribute (including, without limitation, through third-party web
sites, blogs, microblogs and other social networking media and Internet and mobile resources and
applications), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit,
distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete,
create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or
otherwise exploit your User Submissions (or any portions or derivative works thereof) and any
names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts,
feedback and other materials included in your User Submissions, in any manner, medium or content
delivery technology now known or hereinafter devised, for any purpose, as determined solely in
Actions Speak Louder TV's (or its authorized designees/licensees') sole discretion, without the
requirement for any compensation to you or anyone else, or the need to require additional consent
from you or anyone else, or the need to provide prior notification or any credit to you or anyone else.
The Actions Speak Louder TV License shall survive in perpetuity in accordance with its terms
regardless of whether you stop using the Site or Actions Speak Louder TV terminates your access to
the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO ACTIONS
SPEAK LOUDER TV OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO
YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT ACTIONS SPEAK LOUDER TV
AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE
OWNERSHIP OF ANY OF THE ACTIONS SPEAK LOUDER TV LICENSED ASSETS (IF ANY)
INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER
SUBMISSIONS YOU ARE GRANTING TO ACTIONS SPEAK LOUDER TV THE BROAD RIGHTS
AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT
NOTHING CONTAINED HEREIN SHALL OBLIGATE ACTIONS SPEAK LOUDER TV AND/OR ANY
OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR
OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER
RIGHTS UNDER THE ACTIONS SPEAK LOUDER TV LICENSE. You acknowledge and agree that:
(a) you have no expectation of confidentiality of any nature with reSYTYKMct to any of your User
Submissions, and (b) Actions Speak Louder TV and/or any of its affiliates may already have projects
under consideration that are similar to your User Submissions or may independently develop
projects that are similar to your User Submissions, or other User Submissions transmitted by other
users of the Site may be similar or the same as your User Submissions. Because of the viral nature
of social media, you should not submit any content or information to Actions Speak Louder TV that
you do not want to be viewed and "shared" or otherwise distributed by others.

In connection with all of the User Submissions you Submit to the Site, and any other activities that
you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User
Submissions are original to you (in other words, that you own all rights in and to your User
Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions
to enable you to grant to Actions Speak Louder TV the Actions Speak Louder TV License; (ii) you
have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any
other financial or third party obligations of any kind, if any, arising from any use or exploitation of
your User Submissions by Actions Speak Louder TV, and Actions Speak Louder TV will not be
responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property
rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither
your User Submissions, nor any of the other activities that you undertake on the Site, are or will at
any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene,
threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to
bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or
culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or
potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or
transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or
physical distress or injury to any person, violate of any Applicable Laws or these Terms, or violate of
any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to
benefit any commercial enterprise associated with you or any third party. You agree to keep all
records necessary to establish that your User Submissions do not violate any of the foregoing
representations and warranties and to make such records available to Actions Speak Louder TV
upon Actions Speak Louder TV's request.

Actions Speak Louder TV is not responsible for any loss, theft or damage of any kind to any User
Submissions.
You acknowledge that Actions Speak Louder TV does not as a matter of its ordinary practice pre-
screen any User Submissions Submitted by you or other users of the Site but that Actions Speak
Louder TV (and/or any of its authorized designees) has the right to and may pre-screen or review
after initial submission any of the User Submissions for a variety of reasons, including, without
limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary,
as determined by Actions Speak Louder TV in its sole discretion.
Actions Speak Louder TV shall have the right in its sole discretion to refuse, remove, edit, or disable
any of your User Submissions (and/or any other Site users' User Submissions) that violate these
Terms or are otherwise objectionable, as determined by Actions Speak Louder TV in its sole
discretion, as well as terminate your and/or any Site user's continued access to and/or other use of
the Site (including, without limitation, access to and/or use of any of the Site Services, features or
functionality available on or through the Site). Actions Speak Louder TV does not control or endorse
any User Submissions, and any User Submissions Submitted to the Site do not reflect the opinions,
views or policies of Actions Speak Louder TV or any of its affiliates. Actions Speak Louder TV
disclaims any and all liability in connection with any and all User Submissions, and you agree to
waive any legal or equitable rights or remedies you may have against Actions Speak Louder TV or
any of its affiliates with respect to such User Submissions.

If you remove or delete, or request to remove or delete, any of your User Submissions from the Site,
that User Submission will be removed from the Site within a reasonable period of time. Nonetheless,
a User Submission that you remove may still be available to third parties who previously acquired
the link to that User Submission and Actions Speak Louder TV may maintain copies for archival
purposes.

Actions Speak Louder TV reserves the right to display advertisements in connection with your User
Submissions and to use your User Submissions to advertise and promote your User Submissions or
the Site (in whole or in part) or any of Actions Speak Louder TV’s products or services. You
acknowledge and agree that you have no right or interest in any of the revenue generated from such
use or advertisements.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of
your use of the Site.

5. THIRD PARTY LINKS

The Sites may link to and/or contain advertisements about, non-Actions Speak Louder TV owned or
controlled web sites or other Internet or mobile resources. You acknowledge and understand that
Actions Speak Louder TV does not endorse or sponsor such other third party web sites or other
Internet resources and ACTIONS SPEAK LOUDER TV EXPRESSLY AND SYTYKMCIFICALLY
DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE,
FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR
RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE
RESOURCES.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE
(AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS
AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIONS SPEAK LOUDER TV
AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND
NON-INFRINGEMENT). Neither Actions Speak Louder TV nor any of its affiliates make any
warranties or representations about the accuracy or completeness of content available on or through
the Site or the content of any web sites, Personal Social Media or other Internet or mobile resources
linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies
of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your
access to or use of the Site (or any parts thereof); (iii) unauthorized access to or use of Actions
Speak Louder TV's secure servers and/or any and all personal information stored therein; (iv)
interruption or cessation of transmission to or from the Site; (v) bugs, viruses, Trojan horses, or the
like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or
(vi) loss or damage of any kind incurred as a result of the use of any User Submissions and/or other
Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by
means of the Site and/or otherwise through your or any other Site users' exercise of any rights under
any of the Licenses granted by Actions Speak Louder TV herein. Actions Speak Louder TV reserves
the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to
any portion of the Site (including, without limitation any of the Site Services).

7. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO

EVENT WILL ACTIONS SPEAK LOUDER TV OR ANY OF ITS AFFILIATES OR ANY OF THEIR
RESYTYKMCTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY
(WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT,
INCIDENTAL, SYTYKMCIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE
SITE OR ANY PARTS THEREOF.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE WILL AT ANY TIME BE OR ARISE
ANY LIABILITY ON THE PART OF ACTIONS SPEAK LOUDER TV BY VIRTUE OF THESE TERMS
OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE
NEGLIGENCE OF ACTIONS SPEAK LOUDER TV OR OTHERWISE, SUCH LIABILITY IS AND
WILL BE LIMITED TO $10.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS
LIABILITY WILL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

8. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent Actions Speak Louder TV may not, as a matter of
applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of Actions Speak Louder TV's liability shall be the minimum permitted under
such applicable law.

9. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ACTIONS SPEAK LOUDER TV AND ITS
AFFILIATES AND ITS AND THEIR RESYTYKMCTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, LICENSEES, AUTHORIZED DESIGNEES, SUCCESSORS AND ASSIGNS
FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES
(INCLUDING REASONABLE OUTSIDE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES
MAY INCUR AS A RESULT OF OR ARISING FROM (I) ANY OF YOUR USER SUBMISSIONS; (II)
YOUR EXERCISE OF ANY OF YOUR RIGHTS GRANTED UNDER THE LICENSES WITHOUT
YOUR COMPLIANCE WITH YOUR RESPONSIBILITIES SET FORTH IN THESE TERMS; (III) THE
BREACH OF ANY OF YOUR WARRANTIES, REPRESENTATIONS, COVENANTS,
RESPONSIBILITIES OR OTHER OBLIGATIONS SET FORTH IN THESE TERMS; (IV) YOUR
VIOLATION OF ANY PERSON'S INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER
RIGHT; (V) THE VIOLATION OF ANY APPLICABLE LAWS AND/OR THESE TERMS BY YOU
AND/OR ANYONE USING YOUR REGISTERED ACCOUNT TO ACCESS AND/OR OTHERWISE
USE THE SITE (IN WHOLE OR IN PART); OR (VI) YOUR WILLFUL MISCONDUCT OR THE
WILLFUL MISCONDUCT OF ANYONE ACCESSING THE SITE THROUGH YOUR REGISTERED
ACCOUNT, IN CONNECTION WITH YOUR (AND/OR SUCH OTHER PERSON'S) USE OF THE
SITE (IN WHOLE OR IN PART). ACTIONS SPEAK LOUDER TV RESERVES THE RIGHT TO
ASSUME, AT YOUR EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL
COOPERATE WITH ACTIONS SPEAK LOUDER TV IN ASSERTING ANY AVAILABLE
DEFENSES. THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT
NOTWITHSTANDING ANY TERMINATION OF YOUR USE OF THE SITE.

10. COMPLETE AGREEMENT

You acknowledge and agree that these Terms and any applicable SYTYKMcial Rules constitute the
complete, final and exclusive understanding between you and Actions Speak Louder TV relating to
the subject matter hereof and govern your use of the Sites, superseding all prior or
contemporaneous understandings, agreements, communications, and/or advertising with
reSYTYKMct to such subject matter.

11. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT

Actions Speak Louder TV reSYTYKMcts the intellectual property rights of others. Upon proper
notice, Actions Speak Louder TV will remove User Submissions (and any other Site content) that
violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, Actions Speak Louder TV
has implemented procedures for receiving written notification of claimed copyright infringement on
the Site and for processing such claims in accordance with such law. If you believe a work has been
copied in a way that constitutes copyright infringement, please send Actions Speak Louder TV's
copyright agent, at the address set forth below, a notification of claimed infringement (an
"Infringement Notification") that contains all the following information: (i) identification of the
copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material
and information reasonably sufficient to permit Actions Speak Louder TV to locate the material on
the Site; (iii) information reasonably sufficient to permit Actions Speak Louder TV to contact you,
such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you
that you have a good faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information
in your notification is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf; and (vi) your physical or electronic signature.

Actions Speak Louder TV Designated Copyright Agent

10202 W. Washington Boulevard, Culver City, CA 90232
Phone Number of Actions Speak Louder TV Designated Copyright Agent: (310) 244-7850

Fax Number of Actions Speak Louder TV Designated Copyright Agent: (310) 244-1742
E-Mail of Actions Speak Louder TV Designated Copyright
Agent: Copyright_Agent@SYTYKM.Actions Speak Louder TV.com

By submitting an Infringement Notification, you acknowledge and agree that Actions Speak Louder
TV may forward your Infringement Notification and any related communications to any users who
posted the material identified in such notice.

If you believe that your User Submission has been wrongfully removed from the Site, you may send
Actions Speak Louder TV a counter notification. Pursuant to federal law, you may be held liable for
damages if you make material misrepresentations in a counter notification. In compliance with Title
17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to
Actions Speak Louder TV's Designated Copyright Agent, and include substantially the following
information: (i) your physical or electronic signature; (ii) identification of the material that has been
removed or to which access has been disabled and the location where the material previously
appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled; and (iv) your name, address, and telephone number and a statement that you
consent to the jurisdiction of the Federal District Court in the district in which your address is located
(or in the Central District of California, for addresses outside the USA) and agree to accept service of
process from the person who submitted the original Infringement Notification that resulted in your
User Submission being removed (or an agent of such person) in the event he or she elects to file
suit. By submitting a counter notification, you acknowledge and agree that Actions Speak Louder TV
may forward your counter notification and any related communications to the person who submitted
the original Infringement Notification that resulted in the removal of your User Submission or to other
third parties.

12. BINDING ARBITRATION

THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD
TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE
YOU LIVE.

ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR

RELATING TO THESE TERMS, OR THE SITE, OR THE BREACH OF THESE TERMS AND/OR
THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED
TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED
ARBITRATION RULES, TO BE HELD IN NORFOLK, VA COUNTY, CALIFORNIA, BEFORE A
SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH
CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ.; EXCEPT THAT EITHER PARTY
RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. THE
ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE
PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED
BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE
GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE
ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS
BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING
ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE
ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW
WITH RESYTYKMCT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN
SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE
ENFORCEMENT OF THE ARBITRATOR'S AWARD. YOU ACKNOWLEDGE AND AGREE THAT
YOU AND ACTIONS SPEAK LOUDER TV ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND ACTIONS
SPEAK LOUDER TV OTHERWISE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE
THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
ANY CLASS OR REPRESENTATIVE PROCEEDING.

If the prohibition against class actions and other claims brought on behalf of third parties contained
above is found to be unenforceable, then all of the preceding language in this Binding Arbitration
section will be null and void.

This provision shall remain in full force and effect notwithstanding any termination of your use of the
Site.

13. SEVERABILITY; WAIVER

If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. The failure of Actions Speak Louder TV to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to the use of the Site or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. This provision shall remain in full force and
effect notwithstanding any termination of your use of the Site.

14. TERMINATION

You understand and agree that Actions Speak Louder TV may, in its sole discretion and at any time,
terminate or temporarily suSYTYKMnd your rights under any of the Licenses and otherwise
terminate your access to the Site (including, without limitation, to any rewards program or your
participation therein), and discard, remove, and/or disable or deactivate any or all of your User
Submissions that you Submitted to or by means of the Site and/or any other information and data
that you (and/or anyone else) may have provided to or by means of the Site, for any reason. Actions
Speak Louder TV may also, in its sole discretion and at any time, discontinue the Site or any parts
thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU
UNDERSTAND AND AGREE THAT ACTIONS SPEAK LOUDER TV MAY TAKE ANY ONE OR
MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND
YOU UNDERSTAND AND AGREE THAT NEITHER ACTIONS SPEAK LOUDER TV NOR ANY OF
ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY
TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE OR PARTS THEREOF
AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR
USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL,
DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT
YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE. You may
discontinue your access to, use or participation on or by means of the Site at any time.


15. INJUNCTIVE RELIEF

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to
seek and/or obtain injunctive or other equitable relief or any order with reSYTYKMct to, and/or to
enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other
exploitation of any Actions Speak Louder TV aka SYTYKM or any Actions Actions Speak Louder TV
SYTYKM affiliate-related television series, motion picture, production or project, or the use,
publication or dissemination of any advertising or promotion in connection with such television
series, motion picture, production or project. This provision shall remain in full force and effect
notwithstanding any termination of your use of the Site.

16. CHANGES IN SITE OWNERSHIP; ASSIGNMENT

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or
operator of the Site, of any information about you contained in the applicable Actions Speak Louder
TV aka SYTYKM database, to the extent Actions Speak Louder TV aka SYTYKM assigns its rights
and obligations regarding such information in connection with a merger, acquisition, reorganization,
or sale of all or some of Actions Speak Louder TV's assets, or in connection with a merger,
acquisition, reorganization, or sale of all or some assets related to a particular Site, to a subsequent
owner or operator. In the event of such a merger, acquisition, reorganization, or sale, your continued
use of the Site signifies your agreement to be bound by the terms of use and privacy statement of
the Site's subsequent owner or operator. This provision shall remain in full force and effect
notwithstanding any termination of your use of the Site.

You acknowledge and agree that Actions Speak Louder TV may assign its rights and delegate its
duties under these Terms to any party at any time without notice to you.
 17. MISCELLANEOUS

• Third-Party Terms. You acknowledge and agree that you may be subject to additional terms
and conditions that may apply if you obtain or use third-party content, third-party software or goods
and services provided by or through third parties.

• Use and Storage. You acknowledge and agree that Actions Speak Louder TV may establish
general practices and limits concerning its Sites, including, without limitation, the maximum number
of days that information, data, account history or other uploaded content will be retained, the
maximum disk space that will be allotted on Actions Speak Louder TV's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access the Sites in a
given period of time. You acknowledge and agree that Actions Speak Louder TV reserves the right
to terminate accounts that are inactive for an extended period of time, as determined by Actions
Speak Louder TV in its sole discretion. You further acknowledge and agree that Actions Speak
Louder TV may change these general practices and limits at any time, in its sole discretion, with or
without notice. You further agree that Actions Speak Louder TV has no responsibility or liability for
the deletion or failure to store any information or data and other communications or other content
maintained or transmitted by or through the Sites.

18. ACTIONS SPEAK LOUDER TV REWARDS AND ACTIONS SPEAK LOUDER TV

REWARDS POINTS

Through the WOF Program, you may earn Actions Speak Louder TV Rewards points (“Actions
Speak Louder TV Rewards Points”). You may only redeem Actions Speak Louder TV aka SYTYKM
Rewards Points from inside the United States of America. In addition, when you use the Actions
Speak Louder TV aka SYTYKM Rewards website, you are also subject to the Actions Speak Louder
TV Rewards Terms of Use, including but not limited to the provisions governing Actions Speak
Louder TV Rewards Points

19. NOTICES

Except as provided herein regarding modifications to these Terms, Actions Speak Louder TV aka
SYTYKM may deliver notices to you by prepaid United States first class mail at the address in
Actions Speak Louder TV's aka SYTYKM database, or via electronic mail at the electronic mail
address in Actions Speak Louder TV's aka SYTYKM database; any such notice shall be deemed
effectively given upon delivery. You may give notice to Actions Speak Louder TV aka SYTYKM by
prepaid certified mail

PLEASE READ CAREFULLY. IF YOU, OR, IF YOU ARE A “MINOR” AS DEFINED

BELOW, YOUR PARENTS, OR LEGAL GUARDIAN (COLLECTIVELY,
“PARTICIPANT”) CHECK THE BOX PROVIDED AT THE END OF THESE TERMS
OF PARTICIPATION/SUBMISSION AGREEMENT (“TERMS OF PARTICIPATION”)
AND THEN CLICK THE SUBMIT BUTTON, PARTICIPANT AGREES TO BE BOUND
BY THESE TERMS OF PARTICIPATION, WHICH INCLUDE, AMONG OTHER
ELEMENTS, PROVISIONS GIVING THE STUDIO PARTIES (AS DEFINED BELOW)
BROAD RIGHTS TO USE PARTICIPANT’S AUDITION MATERIALS (AS DEFINED
BELOW), PARTICIPANT’S AGREEMENT TO RESOLVE DISPUTES THROUGH
BINDING ARBITRATION, PARTICIPANT’S WARRANTIES AND
REPRESENTATIONS, PARTICIPANT’S AGREEMENT TO INDEMNIFY THE
STUDIO PARTIES, AND PARTICIPANT’S BROAD AGREEMENT TO RELEASE THE
STUDIO PARTIES FROM ANY LIABILITY IN CONNECTION WITH
PARTICIPANT’S PARTICIPATION IN THIS CONTESTANT SEARCH.

1. OVERVIEW: The So You Think You Know Me? Contestant Search (“Contestant Search”)
is a program in which eligible participants submit personal information that may also include a
photo and/or video (collectively, the “Audition Materials”) in accordance with the instructions
provided on the Contestant Search’s application site (the “Contestant Search Site”) to be
considered for the opportunity to audition for a chance to be a contestant on the television series
entitled “So You Think You Know Me” (the “Show”). Some of the Audition Materials sent by
participants pursuant to these Terms of Participation may be made available for viewing on the
Contestant Search Site or on any of the SYTYKM-administered websites or social media
promoting the Show, as provided for on the Contestant Search Site. Any information provided is
subject to the SYTYKM Privacy These Terms of Participation will govern each participant’s
participation in the Contestant Search.

2. ELIGIBILITY: In order to be eligible to participate in this Contestant Search, Participant

must be a legal resident of one of the fifty states of the United States or the District of Columbia
and must be 18 years of age (If the age of majority in Participant’s jurisdiction is older than 18,
then Participant must be the age of majority in that jurisdiction) or older. Please note, if an
individual is between the ages of 13 and the age of majority in his/her jurisdiction (a
“Minor”), then this submission agreement (and of all of its covenants, representations and
warranties) must be entered into by the Minor’s parent or legal guardian (for the purposes
of Minors, “Participant” throughout this Agreement shall mean the Minor’s parent or
legal guardian). Any Audition Materials must be submitted by the Minor’s parent or legal
guardian. For purposes of clarification, all submissions and Audition Materials must be
submitted DIRECTLY FROM the Minor’s parent or legal guardian and, where applicable,
from the Facebook account of the parent or legal guardian. Individuals under the age of 13
cannot participate in this Contestant Search, even with the consent of a parent or legal
guardian.
Participant (or the Minor for whom Participant is legally responsible) cannot be under contract
with any company, agency, organization, union, or individual that would prohibit Participant, or
otherwise in any way restrict Participant, from participating and/or making the grant of rights
outlined below in connection with this Contestant Search. Participant is not eligible to be a
contestant on the Show if Participant works for, or is related to, anyone who works for
Actions Speak Louder TV Pictures Entertainment Inc., Actions Speak Louder TV Pictures
Television Inc., Actions Speak Louder TV Pictures Television

Participant is not eligible to be a contestant on the Show if Participant has appeared on

another game show, dating-relationship show or reality show in the last year or three game
shows, dating-relationship shows or reality shows in the last ten years. Participant
is not eligible to be a contestant on the Show if Participant has appeared on any similar
show.

If the production company associated with the Show selects Participant (or the Minor for
whom Participant is legally responsible) to attend an audition and/or selects Participant (or the
Minor for whom Participant is legally responsible) to participate as a contestant on the Show (or
for any other purposes), Participant will have to meet any other requirements (including, without
limitation, submitting to a background check and executing additional documentation) set by the
production company at the time of such consideration, including but not limited to Participant’s
compliance with the Show’s contestant eligibility requirements.

If Participant (or the Minor for whom Participant is legally responsible) is selected to
attend an audition and/or selected to participate as a contestant on the Show, all expenses
incurred including, but not limited to, travel to and from the audition, travel to and from
Norfolk, VA (if selected as a contestant), accommodations and any other expenses
associated therewith will be the sole responsibility of Participant.

3. SUBMISSIONS:

To the extent the Contestant Search permits Minors (as determined by certain state laws) to
participate, it will be posted on the Contestant Search Site, and information will be provided for
parents and guardians to provide any necessary consents, agree to these Terms of Participation
for their child or ward, and upload Audition Materials as directed for their child or ward.
To the extent SYTYKM provides any materials (e.g., a portion of a script) in connection with a
Contestant Search for use by Participants to prepare their audition video (“SYTYKM Assets”),
SYTYKMis granting such Participants only a limited, revocable, non-sublicensable, license to
use the SYTYKM Assets for the sole purpose of creating and submitting the video in order to
participate in this Contestant Search and participants may make no further use whatsoever of the
SYTYKM Assets for any purpose whatsoever. In addition, each participant recognizes that all of
the rights, title, and interest in the SYTYKM Assets, as well as all derivative works created using
the SYTYKM Assets, shall vest exclusively in SYTYKM, and that he or she may not take and
agrees not to take any action that might harm or adversely affect SYTYKM’s rights in and to the
SYTYKM Assets. No right, title, or interest in and to the SYTYKM Assets, except for the
limited license granted to participant in these Terms of Participation, is transferred or created.

The submission of Audition Material, or the participation in a Show audition if selected to

attend, does not guarantee Participant (or the Minor for whom Participant is legally
responsible) an audition or a spot on the Show, SYTYKM respectively. The Show is under
no obligation to select Participant (or the Minor for whom Participant is legally
responsible) to attend an audition or participate as a contestant. It is entirely at the
discretion of the Show’s producers.

4. NATURE OF RELATIONSHIP: Nothing in these Terms of Participation or any other

agreement with Participant shall be deemed to create an employment or agency relationship
between SYTYKM and Participant. Participant agrees that he/she shall not look to SYTYKM
for any compensation, employment and other benefits, except as specifically set forth in these
Terms of Participation. Participant hereby acknowledges and agrees that the relationship between
Participant and SYTYKM and any of its designees is not a confidential, fiduciary, or other
SYTYKM official relationship, and that Participant’s decision to provide his/her Audition
Materials to SYTYKM for the purposes of the Contestant Search does not place any of the
Studio Parties (as defined below) in a position that is any different from the position held by
members of the general public with regard to elements of such Participant’s Audition Materials.

5. NO OBLIGATION TO USE: The Studio Parties (as defined below) shall have no obligation
(express or implied) to distribute or use any Audition Materials or to otherwise exploit any
Audition Materials or make use of any of the rights granted herein or, if commenced, to continue
the exploitation thereof, and the Studio Parties may at any time abandon the use of any Audition
Materials for any reason, with or without legal justification or excuse, and participant shall not
be entitled to any damages or other relief by reason thereof.

6. GRANT OF RIGHTS: Upon submission of the Audition Materials to SYTYKM, each

Participant automatically grants to SYTYKM, its subsidiaries, affiliates and related parties
(including, without limitation, any producers associated with the Contestant Search and/or the
Show), and their authorized designees, and each of the foregoing entities’ re: SYTYKM active
officers, directors, employees, agents, and representatives, including without limitation, casting
director(s) and representatives associated with the Show (collectively, the “Studio Parties”), an
irrevocable, fully paid, royalty-free, worldwide, perpetual, unrestricted, transferable, fully
sublicenseable to multiple tiers of sublicensees, non-exclusive right and license, to display,
publicly perform, copy, reproduce, edit, modify (digitally or otherwise), adapt, review, annotate,
combine with other content and/or materials, stream, download, transmit, broadcast, distribute,
host, cache, maintain, webcast, mobilecast, tag, track, format, re-format, link to and from, make
available, communicate about, publish, perform, post, use, create derivative works from, and/or
otherwise exploit (collectively, “Use”), and allow others to Use (i) such Participant’s (or the
Minor’s for whom Participant is legally responsible) name image, likeness, signature,
performance, photographs, statements, opinions, and biographical and other information
(“Participant’s Likeness”), and (ii) such participant’s Audition Materials (in whole or in part, and
including, without limitation, Participant’s Likeness and voice as recorded/provided therein, and
any other voices, likenesses, images, or performances of any other individual appearing in the
Audition Materials (if any), and any other ideas, concepts, feedback, digital recordings and/or
other materials and content therein, in any manner and/or media now existing or hereinafter
devised, for any reason as desired by the Studio Parties in their sole and exclusive discretion,
including, without limitation, in connection with the Contestant Search and the Show and/or
programs or promotions related thereto, and/or in connection with any other projects associated
with the Studio Parties, worldwide, in perpetuity, without notification, clearance, permission,
consent, payment, compensation or credit to participant or to anyone else appearing in the
Audition Materials. Participants hereby waive, on their own behalf and on behalf of any third
parties who might have shot or photographed any part of the Audition Materials, and on behalf
of each of Participant’s (or the Minor’s for whom Participant is legally responsible) and any
other person’s reSYTYKMctive heirs, successors and assigns, any so-called "moral rights of
authors" or "droit moral" rights which participant or any other persons appearing in the Audition
Materials may have in connection with Participant’s (or the Minor’s for whom Participant is
legally responsible) Audition Materials (and/or any component thereof), and to the extent such
waiver is unenforceable, participant hereby covenants and agrees on his/her own behalf and on
behalf of any such third parties who might have shot or photographed any part of the Audition
Materials and on behalf of each of their reSYTYKMctive heirs, successors and assigns, not to
bring any claim, suit or other legal proceeding against any of the Studio Parties or any of their
successors claiming that such "moral rights of authors" or "droit moral" rights have been
violated.

7. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Participant

represents, warrants and covenants that (i) the Audition Materials (excluding the SYTYKM
Assets therein) are original to Participant or the Minor for whom Participant is legally
responsible (in other words, that Participant, or the Minor for whom Participant is legally
responsible, owns all rights in and to said content and materials) or, alternatively, that Participant
has acquired all necessary clearances and rights thereto to enable Participant to grant to
SYTYKM the rights and license herein; (ii) Participant has paid or satisfied and will pay or
satisfy in full all license fees, clearance fees, royalties, and any other financial or third party
obligations of any kind, if any, arising from any use or exploitation of the Audition Materials and
any other content and materials, and SYTYKM will not be responsible for such obligations; (iii)
the Audition Materials (excluding the SYTYKM Assets therein) do not infringe the intellectual
property rights, privacy rights, publicity rights, or any other legal or moral rights of any third
party; and (iv) the Audition Materials (excluding the SYTYKM Assets therein) are not, nor will
they be at any time, defamatory or disparaging of any individual or entity, unlawful,
pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or
sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or
stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging
of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or
linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or
intended to result in, or resulting in, any mental or physical distress or injury to any person,
violative of any applicable laws, rules, or regulations, or these Terms of Participation, or
violative of any person’s publicity or privacy rights. Participant further represents and warrants
that the information he/she has provided is true and accurate and that it will be governed, as
applicable, by SYTYKM’s Privacy Policy <http://www.Actions Speak Louder
TVpictures.com/corp/privacy.html> and that he/she, and the Audition Materials, comply with
the SYTYKMcific eligibility requirements set forth for the Contestant Search and do not violate
SYTYKM’s Terms of Use <http://www.Actions Speak Louder
TVpictures.com/corp/tos.html>, as applicable. Participant agrees to keep all records necessary
to establish that all content and materials it submits, including the Audition Materials, do not
violate any of the foregoing representations and warranties and will make such records available
to SYTYKM upon SYTYKM’s request. SYTYKM is not responsible for any loss, theft, or
damage of any kind to any content, materials, or Audition Materials participant submits to
SYTYKM.
Participant agrees to indemnify and hold harmless the Studio Parties and their reSYTYKMctive
officers, directors, employees, representatives, licensees, authorized designees, successors and
assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including
reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising
from: (i) Participant’s (or the Minor’s for whom Participant is legally responsible) Audition
Materials and/or participation in connection with the Contestant Search; (ii) the breach of any of
Participant’s warranties, representations, covenants, responsibilities or other obligations set forth
in these Terms of Participation; (iii) participant’s violation of any person's intellectual property,
privacy, publicity or other right; (iv) Participant’s violation of any applicable laws, rules or
regulations; or (v) Participant’s negligent or willful misconduct. Any of the Studio Parties, as
applicable, reserve the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by participant, in which event Participant will cooperate with the
applicable Studio Parties in asserting any available defenses. This provision shall remain in full
force and effect notwithstanding any termination of Participant’s participation in connection with
the Contestant Search.

8. FURTHER DOCUMENTS: Participant acknowledges that his/her participation in the

Contestant Search may be subject to additional agreements SYTYKMcified by
SYTYKM. SYTYKM shall have no obligation of any sort in relation to any participant that fails
to provide, obtain, or execute any necessary documentation.

If Participant (or the Minor for whom Participant is legally responsible) is selected to attend an
audition for the Show and/or is selected to participate as a contestant on the Show, such
engagement will be subject to additional agreements and documentation.
In addition, at the request of SYTYKM, Participant shall execute and deliver to SYTYKM such
documents and agreements as SYTYKM may deem reasonably necessary to establish, protect,
enforce and/or defend any or all of Studio Parties’ rights and the rights in any Audition Materials
related to the Contestant Search. If Participant fails or is unable to promptly execute such
documents or instruments, Participant hereby irrevocably appoints SYTYKM as his/her attorney-
in-fact to execute and file such documents or instruments or to do any such acts or deeds,
provided that said documents, instruments, acts and deeds shall not be inconsistent with these
Terms of Participation.

9. GENERAL CONDITIONS: SYTYKM reserves the right to modify, suspend SYTYKM or

terminate the Contestant Search at any time. The Studio Parties are not responsible for lost, late,
misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, or delayed Audition
Materials; all of which will not be considered. Studio Parties are also not responsible for
problems uploading or downloading any Contestant Search-related information or materials from
the Contestant Search Site, or for any other technical malfunctions of electronic equipment,
computer on-line systems, servers, or providers, computer hardware or software failures, phone
lines, failure of any Audition Materials to be received by SYTYKM on account of technical
problems, traffic, congestion on the internet, the Contestant Search Site, or for any other
technical problems including telecommunication, miscommunication or failure, and failed, lost,
delayed, incomplete, garbled or misdirected communications which may limit a person’s ability
to participate in this Contestant Search. Studio Parties are not responsible for any other errors or
malfunctions of any kind, whether network, printing, typographical, mechanical, electronic,
network, computer, human or otherwise relating to or in connection with the Contestant Search,
including, without limitation, errors or other malfunctions, which may occur in connection with
the administration of the Contestant Search, the processing of Audition Materials, the tabulation
of votes (if applicable), the uploading of any Audition Materials, the existence, availability,
cancellation or postponement of any activities related to the Contestant Search (if any), or in any
Contestant Search-related materials. Studio Parties shall not be responsible or liable for any
losses, damages or injuries of any kind resulting from (i) Participant’s (or the Minor’s for
whom Participant is legally responsible) participation in the Contestant Search or (ii) the use by
any of the Studio Parties of Participant’s Likeness or the use of the likeness, voice, image or
performance of any third party in such Participant’s Audition Materials submitted; or (iii) the
exercise by any of the Studio Parties of the rights granted by such Participant hereunder. Studio
Parties assume no responsibility for any damage to any Participant’s computer which is
occasioned by accessing the Contestant Search Site or participating in the Contestant
Search. SYTYKM reserves the right in its sole discretion to disqualify any individual who is
found to be tampering with the participation process or the operation of the Contestant Search or
the Contestant Search Site, to be acting in an unsportsmanlike or disruptive manner, or with the
intent to disrupt this Contestant Search or to annoy, abuse, threaten or harass any other person
and all associated Audition Materials will be void. Participant understands that it may be a
federal offense punishable by fine and/or imprisonment for anyone to do anything which would
rig or in any way influence the outcome of the Contestant Search and that it may be a federal
offense to offer or to accept any information or secret assistance in connection with the
Contestant Search and Participant agrees that he/she will not participate in any such act or any
other deceptive or dishonest act with reSYTYKMct to the Contestant Search. CAUTION: ANY
ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATIONS OF THE CONTESTANT SEARCH IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SYTYKM
RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING
ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW AND TO
DISQUALIFY SUCH PERSON FROM THE CONTESTANT SEARCH.

10. RELEASE OF LIABILITY: PARTICIPANT RECOGNIZES THAT THE STUDIO

PARTIES ARE RELYING UPON PARTICIPANT’S WARRANTIES AND
REPRESESENTATIONS, ITS GRANT OF RIGHTS, AND THE OTHER TERMS AND
CONDITIONS SET FORTH IN THESE TERMS OF PARTICIPATION, PARTICIPANT, ON
ITS OWN BEHALF AND ON BEHALF OF ITS HEIRS, SUCCESSORS AND ASSIGNS,
HEREBY IRREVOCABLY RELEASES AND DISCHARGES TO THE FULLEST EXTENT
PERMITTED BY LAW EACH OF THE STUDIO PARTIES FROM ANY LIABILITY THAT
MAY ARISE IN CONNECTION WITH (I) PARTICIPANT’S (OR THE MINOR’S FOR
WHOM PARTICIPANT IS LEGALLY RESPONSIBLE) PARTICIPATION IN THE
CONTESTANT SEARCH, (II) THE USE BY ANY OF THE STUDIO PARTIES OF ANY OF
PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY
RESPONSIBLE) AUDITION MATERIALS, INCLUDING, WITHOUT LIMITATION, THE
USE OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY
RESPONSIBLE) REAL OR STAGE NAME, LIKENESS, VOICE, IMAGE OR
PERFORMANCE OR THE USE OF THE LIKENESS, VOICE, IMAGE OR PERFORMANCE
OF ANY THIRD PARTY IN ANY OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM
PARTICIPANT IS LEGALLY RESPONSIBLE) AUDITION MATERIALS, (III) THE
EXERCISE BY ANY OF THE STUDIO PARTIES OF THE RIGHTS GRANTED BY
PARTICIPANT HEREUNDER, (IV) THE ACQUISITION, SHARING AND/OR USE OF
PARTICIPANT’S (OR THE MINOR’S FOR WHOM PARTICIPANT IS LEGALLY
RESPONSIBLE) PERSONAL INFORMATION BY ANY OF THE STUDIO PARTIES, (V)
ANY AMBIGUITY OR ERRORS IN ANY MATERIALS RELATED TO THIS PROGRAM,
(VI) ANY CHANGES IN THE CONTESTANT SEARCH, WHICH THE STUDIO PARTIES
MAY MODIFY IN THEIR SOLE DISCRETION AT ANY TIME, (VII) ANY TECHNICAL
MALFUNCTIONS OR UNAVAILABILITY OR DIFFICULTY OF ACCESSING THE
CONTESTANT SEARCH SITE; (VIII) ANY LOST/DELAYED DATA TRANSMISSIONS,
OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR
MALFUNCTIONS; (IX) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR
OMISSION ON THE PART OF ANY OF THE STUDIO PARTIES IN CONNECTION WITH
THIS PROGRAM OR THE USE OF PARTICIPANT’S (OR THE MINOR’S FOR WHOM
PARTICIPANT IS LEGALLY RESPONSIBLE) AUDITION MATERIALS; (X) ANY
WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART
OF ANY OTHER PERSON OR ENTITY; AND/OR (XI) ANY OTHER CAUSE, CONDITION
OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE STUDIO PARTIES.

PARTCIPANT HEREBY VOLUNTARILY AND EXPRESSLY WAIVES AND

RELINQUISHES ON HIS/HER OWN BEHALF AND ON BEHALF OF HIS/HER HEIRS,
NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, THE
PROVISIONS, RIGHTS AND BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 -
WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSYTYKMCT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR – AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED
STATES.

11. AGREEMENT TO BINDING ARBITRATION: PARTICIPANT ACKNOWLEDGES

AND AGREES THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REFERENCE TO ITS CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO THESE
TERMS OF PARTICIPATION. PARTICIPANT ALSO AGREES THAT ANY
CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF
PARTICIPATION OR THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION,
WILL BE SUBMITTED TO, AND DETERMINED BY, FINAL AND BINDING
ARBITRATION IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL
ARBITRATION AND MEDIATION SERVICES). THE ARBITRATION SHALL BE HELD
IN NORFOLK, VA, CALIFORNIA. THE ARBITRATOR WILL BE SELECTED BY
MUTUAL AGREEMENT OF THE PARTIES, OR IF THE PARTIES CANNOT AGREE, THE
ARBITRATOR WILL BE APPOINTED BY JAMS. THE FEES OF THE ARBITRATOR
WILL BE BORNE EQUALLY BY THE PARTIES, PROVIDED THAT THE ARBITRATOR
MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE
ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION
CLAUSE TO BE ENFORCEABLE UNDER CALIFORNIA LAW. THERE SHALL BE A
RECORD OF THE PROCEEDINGS AT THE ARBITRATION HEARING AND THE
ARBITRATOR SHALL ISSUE A STATEMENT OF DECISION SETTING FORTH THE
FACTUAL AND LEGAL BASIS FOR THE ARBITRATOR'S DECISION. THE
ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING
ORDERS, PRELIMINARY AND PERMANENT INJUNCTIONS. PRIOR TO THE
APPOINTMENT OF THE ARBITRATOR OR FOR REMEDIES BEYOND THE
JURISDICTION OF AN ARBITRATOR, AT ANY TIME, THE STUDIO PARTIES MAY
SEEK PENDENTE LITERELIEF IN A COURT OF COMPETENT JURISDICTION IN
NORFOLK, VA COUNTY, CALIFORNIA WITHOUT THEREBY WAIVING THEIR RIGHT
TO ARBITRATION OF THE DISPUTE OR CONTROVERSY UNDER THIS
PARAGRAPH. ALL ARBITRATION PROCEEDINGS WILL BE CLOSED TO THE PUBLIC
AND CONFIDENTIAL AND ALL RECORDS RELATING THERETO WILL BE
PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT
CONFIRMATION OF THE ARBITRATION AWARD.

12. NO INJUNCTIVE RELIEF REMEDY: EACH PARTICIPANT UNDERSTANDS AND

AGREES THAT HE/SHE SHALL UNDER NO CIRCUMSTANCE HAVE THE RIGHT TO
ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING,
PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SHOW OR
THIS CONTESTANT SEARCH OR ANY RELATED PROJECT, OR ANY OTHER MOVIE,
PRODUCTION OR PROJECT OF ANY OF THE STUDIO PARTIES, OR THE USE BY ANY
OF THE STUDIO PARTIES OF ANY OF THE AUDITION MATERIALS AND/OR ANY
FOOTAGE AS PERMITTED HEREUNDER.

[ ] I agree to abide and be bound by these Terms of Participation and the decisions of
SYTYKM, which are final and binding.