Producer Submissions Release

Execution of this Submission Release (“Release”) is a prerequisite to Twin Cities Public Television, Inc.’s (collectively with its parent, subsidiary and/or affiliated entities, as well as their respective directors, officers, agents, employees, consultants, contractors, distributors, lessees, licensees, successors, and assigns, “Twin Cities PBS”) review of any materials, documents, ideas, correspondence, media, recordings, scripts, treatments, pitches and any other works submitted by or on behalf of Submitter to Twin Cities PBS (collectively, “Materials”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Submitter hereby agrees as follows:

1. Submitter provides this Release and makes each of the representations, warranties, covenants, releases, and agreements contained hereunder on behalf of itself and all other persons or entities that may claim an interest in the Materials.
2. Submission of the Materials is voluntary. Submitter was not solicited or induced to submit the Materials to Twin Cities PBS. Neither submission of the Materials nor any prior or subsequent discussions with Twin Cities PBS about the Materials create any confidential, fiduciary, financial, contractual (whether actual or implied-in-fact) or other relationship between Twin Cities PBS and Submitter.
3. Submitter grants Twin Cities PBS the right to possess, view, copy, and share the Materials for the purpose of determining whether to act on this submission. Twin Cities PBS may disclose the Materials to any employee, individuals and/or entities, whether outside Twin Cities PBS's employ or control or otherwise, to determine the Materials’ value and whether the Materials align with Twin Cities PBS's strategy and mission.
4. Twin Cities PBS shall not be under any obligation to Submitter or any third party with respect to the Materials except as may later be set forth in a fully executed written agreement between Twin Cities PBS and Submitter. Submitter further acknowledges that neither submission of the Materials nor any contact from or discussion with Twin Cities PBS conveys any right to Submitter to use Twin Cities PBS's’ name, logo or other trademarks for any reason or in any manner.
5. This submission is made with the understanding that Twin Cities PBS may give the Materials such consideration as Twin Cities PBS determines in its sole discretion. Twin Cities PBS makes no claims, representations, warranties, promises, or guarantees with respect to the Materials or its consideration thereof (if any) and has provided no assurances about any process utilized by Twin Cities PBS with respect to selection of submissions for inclusion in its program services or other distribution. Submitter acknowledges that Twin Cities PBS's receipt and consideration of the Materials does not in any way constitute an express or implied endorsement or approval by Twin Cities PBS of the Materials or any opinion expressed therein. Submitter has retained a copy of the Materials and Twin Cities PBS shall not have any obligation to return any Materials to Submitter. Twin Cities PBS shall not be liable for any loss or damage to the Materials.
6. Twin Cities PBS's consideration of the Materials (if any) is not an admission by Twin Cities PBS of the novelty, propriety or originality of the Materials. Twin Cities PBS receives submissions from various sources and may receive similar or identical materials ideas, correspondence, media, recordings, scripts, treatments, pitches and other works from other individuals and/or entities, whether outside Twin Cities PBS's employ or control or otherwise, and Twin Cities PBS's employees and contractors regularly create and develop material for Twin Cities PBS. Submitter agrees that nothing in this Release nor Submitter’s submission of the Materials shall be deemed to place Twin Cities PBS in any different position from that of, or cause Twin Cities PBS to have any fewer rights than, a member of the general public. In the event Twin Cities PBS provides comments or feedback regarding the Materials, Submitter agrees that any reliance thereon shall be at their own risk and expense, and understands that any such comments or feedback does not and shall not constitute a promise or commitment that Twin Cities PBS will use the Materials or enter into a separate agreement with Submitter regarding the Materials.
7. Submitter irrevocably and unconditionally waives, releases, acquits and forever discharges Twin Cities PBS of and from any and all claims, demands, actions, causes of action, suits, controversies, proceedings, damages, costs, expenses, debts, legal fees, and liabilities of any kind, including but not limited to plagiarism, idea theft, copyright infringement, breach of a confidential or fiduciary relationship or of an express or implied-in-fact contract or unfair competition (collectively, “Claims”), whether in law or in equity, known or unknown, suspected or unsuspected, which Submitter has or may have against Twin Cities PBS arising from Twin Cities PBS's (or Twin Cities PBS's lack of) receipt, possession, use, copying, and/or disposal of the Materials or otherwise in connection with the Materials, now or in the future, including, without limitation, any Claim in connection with Twin Cities PBS's comments or feedback, or Twin Cities PBS's use of the Materials or any portion thereof. Submitter, shall not hold Twin Cities PBS liable for third-party submissions containing material similar or identical to the Materials. In giving the general release herein, which includes claims which may be unknown at present, Submitter acknowledges that Submitter has read and understands Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8. Submitter hereby represents and warrants that:

• • Submitter is either: (i) the sole originator and owner of the Materials, and that no other person or entity has any right, title or interest therein or thereto; or, alternatively, (ii) the sole and exclusive representative of the Materials and is fully authorized to submit the Materials to Twin Cities PBS upon all of the terms and conditions herein stated and to sign this Release; and Submitter has disclosed as part of the Materials any other persons or entitles that may have any right, title or interest therein or thereto;
  • Neither the Materials nor Twin Cities PBS's review or use thereof shall: (i) violate any personal or property rights of any third party, including, without limitation, rights of droit moral, privacy, publicity, copyright, trademark, or other intellectual property or contract rights; (ii) constitute defamation, libel or slander against any third party; or (iii) violate any other law, rule, or regulation;
  • No materials are being submitted to Twin Cities PBS other than those described herein;
  • Twin Cities PBS shall not owe Submitter or any third party any payment or other compensation for receipt, review or consideration of the Materials and submission of the Materials neither imposes nor creates any obligation on the part of Twin Cities PBS to accept the Materials for distribution or exhibition through any medium or platform or to acknowledge the submission of the Materials;
  • Submitter shall not bring any Claim against a third party which interferes with and/or may interfere with Twin Cities PBS's full enjoyment of its rights in and to its programming, promotional or marketing plans, or any ancillary or subsidiary rights therein, and shall not hold Twin Cities PBS liable for third-party submissions containing material similar or identical to the Materials;
  • None of the Materials is subject to any current, anticipated, or threatened litigation or dispute; and
  • Submitter (if an individual) is at least 18 years of age.

9. Submitter agrees to indemnify, defend (at Twin Cities PBS's election), and hold harmless Twin Cities PBS from and against all Claims including reasonable attorney’s fees, that may be threatened or asserted against or incurred by Twin Cities PBS in connection with the Materials submitted hereunder, any use of such Materials by Twin Cities PBS (or its designees) or any breach of any representation, covenant or warranty made by Submitter hereunder. This indemnity includes without limitation any claims that the Materials violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal property right of any person or entity, or that the contents of the Materials constitute or include defamation of any person or entity or violate any other law, rule or regulation.
10. The laws of Minnesota govern all matters arising out of or relating to this Release without giving effect to conflicts of law principles thereof. Any Claim brought by Submitter hereunder must be submitted to arbitration in Minneapolis or Saint Paul, Minnesota, administered by JAMS and in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), and Submitter hereby waives all rights to litigate such dispute(s) in court. The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in Minnesota or a retired judge. The arbitrator’s decision shall be controlled by the terms and conditions of this Release and shall be final and binding. Judgment upon the award of the arbitrator may be enforced in any court of competent jurisdiction. Submitter agrees that any dispute between Submitter and Twin Cities PBS shall be subject to the following time restraints: any action taken by Submitter against Twin Cities PBS must be filed within six (6) months after the first public release of the Materials (or any claimed features or element thereof) or ninety days after Twin Cities PBS notifies Submitter that it denies any liability to Submitter, whichever is earlier. In any legal action taken by Submitter against Twin Cities PBS, Submitter understands that each party will be responsible for its respective legal costs, including arbitration costs, court costs, depositions, attorneys’ fees and the fees of any experts engaged to ascertain originality, public domain status or any other facts deemed necessary or advisable; provided, however, that should Submitter be unsuccessful in any action against Twin Cities PBS, Submitter will promptly reimburse Twin Cities PBS for all of Twin Cities PBS's costs and expenses entailed in defending or contesting such action.
11. In the event of any dispute concerning this Release and/or the Materials, Submitter’s sole remedy shall be to seek actual damages in arbitration and in no event shall Submitter be entitled to seek to enjoin or restrain the production, exhibition, distribution, promotion, licensing, and/or other exploitation of any of Twin Cities PBS's programming, promotional or marketing plans, or any ancillary or subsidiary rights therein.
12. Submitter has read and understands this Release. Submitter has had the opportunity to seek the advice of independent counsel concerning this Release and acknowledges that Submitter is executing this Release voluntarily after consultation with independent counsel or after intentionally deciding not to do so.
13. Twin Cities PBS reserves the right to update or modify the terms of its submission policies and procedures, including this Release. Notice to Submitter shall be deemed given at all times if the updated or modified terms are publicly available, such as on the Twin Cities PBS website.
14. This Release constitutes the entire understanding between Submitter and Twin Cities PBS as of the date hereof. No other agreement, written or oral, expressed or implied, exists between Submitter and Twin Cities PBS with respect to the Materials. The invalidity of any provision hereof shall not affect the remaining provisions. This Relea
15. se shall apply in perpetuity to all Materials Submitter submits to Twin Cities PBS, and the representations, warranties, and indemnities herein shall survive the termination, execution, completion or expiration of this Release.