Terms & Conditions for Submission of Content

The following terms and conditions (the "Terms") govern the submission of content (the "Content") to Wyoming-Kentwood Television (WKTV), a Michigan nonprofit corporation ("WKTV"), for consideration for the Eclipse Awards (the "Awards") via the Awards website maintained by WKTV (the "Website"). For purposes of these Terms, WKTV includes all WKTV employees, agents, board members and volunteers, all members of the Board of Governors of the Awards and all sponsors or volunteers engaged in the production of the Awards.

1. Grant of Rights and Disqualification.

A. By submitting the Content to WKTV for Awards consideration, the submitting party (the "Applicant") hereby grants to WKTVthe non-exclusive right to exhibit the Content in the following ways: (i) within a promotional presentation (with or without other Award submissions) in clip form not to exceed three (3) continuous minutes of the Content for the purposes of promoting the Awards state-wide on television, the Website and social media, and (ii) for broadcast on television as "The Eclipse Awards Film Festival" which airs on WKTV and its subsidiary channels on the Comcast and U-Verse cable systems in the metro Grand Rapids, Michigan area. Except as set forth in these Terms, ownership of all right, title and interest in the Content remains the property of Applicant. Applicant hereby represents that he or she has obtained consent from any and all owners, creators, writers, producers, on-screen talent and/or other authorized representatives of the Content whose consent is required to submit the Content to WKTV and to grant the rights granted in these Terms (collectively, the "Content Owners"), and has read, understood and agreed to these Terms.

B. WKTV may disqualify or reject any Content that it determines, in its sole and absolute discretion, is not in compliance, in whole or in part, with these Terms, and may do so without refunding any or all submission fees paid by the Applicant or returning any Content materials submitted by Applicant.

2. Submission and Selection Process.

Content submitted to WKTV for Award consideration must follow all submission procedures set forth on the Website, as updated from time to time, in order to be eligible for consideration, including, without limitation, all requirements related to deadlines, category selection, and media formats. All selection decisions are at the sole and absolute discretion of WKTV, and are final and unreviewable. WKTV is not required to provide any feedback, comments or reasons, or any other information, regarding the selection or non-selection of any submitted Content. WKTV is not responsible or liable for Award selection decisions; for the contents of any internal comments or feedback regarding the Content; for any communications by any representative of WKTV relating to the Content or the Award selection process; for the manner in which the Content shall be, is or was considered and reviewed; or for any failure on the part of the WKTV to provide the Applicant or anyone else with information concerning the consideration and/or review of the Content.

3. Intellectual Property, Indemnification and Release.

A. By submitting the Content to WKTV, the Applicant and the Content Owners (collectively, the "Submitting Parties") hereby warrant and represent that: (i) the Content is wholly original and is not copied from and does not include any other work that is the subject of copyright or other protection, unless such work is in the public domain or the Submitting Parties have obtained any and all consents, releases, licenses, and other authorizations or waivers of any kind necessary for the inclusion or reproduction of any person, character, location, thing, trade-mark, sound recording, musical composition or other work in the Content; (ii) the Content does not defame any person or violate the common law or statutory rights, including, without limitation, the rights of privacy and publicity or any other right of any person; (iii) the Content is not the subject of litigation; nor any dispute which would give rise to litigation (iv) there are no agreements, nor will there be any agreements made subsequent to the date of the Content submission that would or could have the effect of impairing the Submitting Parties' ability to provide the Content as contemplated herein, or otherwise conflict with any provision of these Terms; and (v) the Submitting Parties have the full right, power and authority to submit the Content to WKTV for Award consideration, and to grant all of the rights granted hereunder, and there is no obligation or disability which would in any way impair, restrict or impede the Submitting Parties from fully performing all obligations pursuant to the submission and these Terms.

B. The Submitting Parties agree to indemnify and hold harmless WKTV, its licensees, successors and assigns, and its and their members, officers, directors, employees, volunteers, agents, representatives, associates and affiliates (each, a "Releasee"), from any claim, suit, action or other proceeding brought against a Releasee and from any losses, costs, or damages, including the Releasee's full legal fees and costs, which it may have suffered or incurred or may suffer or incur, directly or indirectly based on, in connection with, or arising from the use and exhibition of the Content submitted by the Applicant or the breach or alleged breach of any representation, warranty or other agreement made by the Applicant in these Terms, or in the Applicant's registration form submitted to the Website.

C. WKTV takes reasonable anti-piracy precautions. Access to the Content is limited to WKTV staff and volunteers who require access in order to screen, judge and consider submissions. No duplication and loaning of Content are permitted. By submitting Content to WKTV for Award consideration, the Submitting Parties hereby release the Releasees from any and all liability in the event of theft, unauthorized access or copying, or any breach of copyright of the submitted Content while it is in WKTV's possession.

4. Miscellaneous.

These Terms contain the full and complete understanding between the parties and supercedes all prior agreements and understandings pertaining to the Content. Should any provision or part of any provision of these Terms be void or unenforceable, such provision or part thereof shall be deemed omitted, and these Terms with such provision or part thereof omitted shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.