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WAIVER AND RELEASE

NAME: __________________________________________________AGE: ______________________ BIRTHDATE: __________________  ADDRESS: _____________________________________EMAIL ADDRESS: ___________________________________________________________________

AUDITION: For selection as contestant in The Voice Philippines Season 2

(the

‘Program”)

I certify to the following:

A. Eligibility and Participation

1. I have voluntarily participated in the Audition conducted by ABS-CBNCorporation (‘ABS-CBN”), without any compensation and I assume all risks arising

from or associated with my participation in the Audition. As such, I have done orwill be doing one or more of the following:

a. 

Engage in one or more live performances (“Live Performance”), or submit avideo of my performance online (“Online Video”), in connection with theAudition, during which my likeness or voice may be recorded in photograph,video or sound, or my Online Video will be uploaded in a platform specifiedby ABS-CBN (the “Platform”);

b. 

Grant one or more interviews to ABS-CBN;c.

 

Complete and submit a form containing my name, address, and other personal

information (the “Data”);

d. 

Engage in such similar activities as may be connected to the above.

2. The procedure, rules and other terms for participating in the Audition havebeen fully made known to me by ABS-CBN, or if I am submitting an Online Video, I

have read the terms and conditions indicated in the Platform (the “Terms”). Iaccept and agree to be bound by the Terms.

3. I understand that ABS-CBN has full and final authority to determine myeligibility and qualification to enter into and participate in the Audition, and inthe Program, and that its decision thereon shall be final, binding and not subject

to appeal.

4. If I reside outside Metro Manila, Philippines, or outside the Philippines, andI am selected to participate in further screening, I agree to travel to MetroManila, Philippines, and to continue my participation in further phases of theAudition, and the Program. I understand that ABS-CBN shall be responsible for theexpenses for such travel to Metro Manila, or to the Philippines.

5. If I am enrolled in school (the ‘School”), I (or my parents in case I am aminor) shall secure the necessary authorizations and/or leave of absence from suchSchool, or if have an existing employment or engagement contract with a third party(the “Employer”), I shall secure all necessary permissions, consents andauthorizations from such Employer, and all regulatory or government agencies,necessary for me to travel to the Metro Manila, Philippines and/or to participate

in any other or additional phase of the Audition and/or the Program.

6. I understand that if I am selected by ABS-CBN for a callback or to participate

in further screening, I shall not audition or join any other reality show or talentsearch up to a period of six (6) months from the date of my Live Performance, orsubmission of Online Video, except with the prior written consent of ABS-CBN.

B. Warranties

7. I hereby warrant that I have the full power and authority to enter into andparticipate in the Audition, that I am a citizen of the Philippines, or if not, ofFilipino lineage; that I am qualified to join the Audition in accordance with theTerms.

8. I warrant that I have no, and will not enter into any contract with any personor entity, regarding my worldwide music and artistic career, which includes therecording rights, publishing rights, live performance rights, merchandising rights,sponsoring and endorsement rights, and management rights, and will not do so for so

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long as I am part of the Audition and the Program, except with the prior writtenconsent of ABS-CBN and/or its designee.

9. In the event that I am represented by a talent manager at the time of mysigning of this Waiver and Release (“Manager”), which I have disclosed to ABS-CBN,Manager shall likewise be required to sign this Waiver and Release. I and my

Manager hereby agree that ABS-CBN and/or its designee shall have the option to

enter into a management agreement with me, and upon such election by ABS-CBN and/orits designee, Manager, ABS-CBN and/or its designee shall co-manage my professionalcareer. The terms of the management agreement shall be further explained to me ata future date, if I am selected to participate in additional phases of the Program.

10. I warrant that neither I nor any member of my immediate family is employed orhas been employed by ABS-CBN and its subsidiary and affiliated companies, or anyentity involved in organizing or producing the Program, or is related to anyemployee of ABS-CBN, its subsidiary and affiliated companies, or any entityinvolved in organizing or producing the Program.

C. Non Disclosure

11. I acknowledge that I may be given access to or become acquainted withconfidential information and trade secrets of ABS-CBN or the Program. I shall notdisclose directly or indirectly to any third party any such confidentialinformation and trade secrets of ABS-CBN, including the terms of any contract thatI may execute with ABS-CBN and/or its designee. This obligation shall survive myparticipation in the Audition, and will continue even if I am not selected tofurther participate in the Program.

12. If l am selected to participate in additional phases of the Audition and theProgram, I will not directly or indirectly disclose such selection to any person,other than to my parents or legal guardian (if I am a minor), or to my spouse, if Iam married. I will not, nor through my parents or legal guardian, or spouse,consent to any interview, press release, issuance or any other public disclosure by

any means or method, of such selection prior to the date that ABS-CBN announces my

selection or broadcasts my Live Performance or Online Video, or otherwise makespublic or discloses such selection. I also acknowledge that prior to the broadcastof the Program, the plans of ABS-CBN for the Program, and any of the activities,results and developments in the Audition and the Program (“Program Content”), arestrictly confidential. I shall not disclose directly or indirectly to any third

party any of the Program Content, unless such Program Content becomes or is madeknown to the public by the broadcast or disclosure thereof by ABS-CBN.

13. I shall not make public any complaint or grievance about the Audition, or theProgram, including any decision made by ABS-CBN, and will take this up directlywith ABS-CBN or its proper officers.

D. Copyright

14. If I have submitted an Online Video, I represent that such Online Video isoriginal to me and does not violate or infringe upon the rights of any thirdparties, including, without limitation, any intellectual property rights and rightsof publicity and/or privacy. I acknowledge that the Online Video submitted to ABS-CBN, may be used by ABS-CBN without restriction for any purpose whatsoever,including, without limitation, editing, reproduction, disclosure, transmission,publication, broadcast or posting, and I hereby irrevocably waive, release and giveup any claim that any use of such violates any of my rights, including, withoutlimitation, copyrights, trademarks, moral rights, privacy rights, proprietary orother property rights, publicity rights, or right to credit for the material orideas.

15. I irrevocably assign to ABS-CBN, its successors and assigns, the copyright and

all other rights in my appearance and contribution to the Program, such as but notlimited to any Online Video, for use in any manner in all media now known or whichmay be developed in the future. I grant ABS-CBN the perpetual and worldwide rightbut not the obligation to use my name, likeness, photograph, caricature, voice,

biographical material and any appearance, performance or other contribution to theAudition and the Program, in connection with the production, promotion, exhibition,distribution, reproduction, merchandising and exploitation of the Program. I agreethat I will not make any claim against ABS-CBN or its assigns for any furtherremuneration in respect of the exploitation of such rights.

16. If I have any moral rights in relation to my participation and contribution tothe Program, I irrevocably consent to all material alterations to suchparticipation and contribution for the benefit of ABS-CBN, its licensees, sub-licensees and assignees for all purposes. I irrevocably waive for the benefit of

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everyone any moral rights and similar rights that I may have as a result of mycontribution and appearance in the Program.

E. Release and Acceptance

17. I give permission to ABS-CBN to collect, use and share my Data with its

affiliates, partners, sponsors and suppliers for the purposes of organizing the

Audition and for the production, exhibition, distribution, promotion andexploitation of the rights to the Program.

18. In the event that I receive from ABS-CBN any prize in excess of Ten ThousandPesos (P10,000.00) (the “Prize/s”), ABS-CBN shall withhold from the Prize theamount equivalent to twenty percent (20%) of the value of the Prize/s, which shallbe remitted by ABS-CBN to the appropriate government agency as taxes due on thePrize/s.

19. I am fully aware that ABS-CBN has not authorized any person to promise me anyemployment, contract, benefit, or any reward, and that if I decide to make anydeal, arrangement or transaction with such unauthorized persons, I shall hold ABS-CBN free and harmless from any claim arising from my decision.

20. I hereby release ABS-CBN, and any sponsor of the Program, and their respectiveofficers, directors, employees, representatives, successors and assigns from anyand all claims and damages I may have for invasion of privacy, emotional stress orpressure, humiliation or defamation, damages, or any other cause of action arisingout of or relating to the Audition and the Program, or the production, duplication,distribution, broadcast or exhibition of my participation in the Audition and the

Program, or from any injury or damage which I may suffer arising or resulting frommy participation in the Audition and the Program.

21. I agree that ABS-CBN reserves the rights to cancel, modify, suspend or delaythe Audition and/or the production or broadcast of the Program, and to substituteor replace the Prize/s. ABS-CBN may amend the Terms at any time for whatever

reason without prior notice to me. ABS-CBN may assign and transfer any of its

rights and obligations under this Waiver and Release to any third party.

E. Liabilities

22. Should I make any misrepresentation of any matter to ABS-CBN, or violate any of

my undertakings, warranties or obligations in this Waiver and Release, I shall beautomatically disqualified from the Audition and from any possible inclusion in theProgram, and this disqualification shall be final and not subject to appeal,without prejudice to any other right or remedy ABS-CBN may have against me underapplicable laws or equity.

23. My failure to sign, my parents’ or my legal guardian’s (in case I am below 18years of age), or my Manager’s failure to sign (in case I am represented by a

Manager), this Waiver and Release, or to comply with the foregoing conditions,shall be sufficient ground for my disqualification from the Audition, and theProgram, and for ABS-CBN to take proper legal action against me, such as but notlimited to a claim for damages. The absence of any information on, and thesignature of, the Manager, on this Waiver and Release, shall be sufficient groundto consider me as not being represented by a Manager at the time of the Audition.

With my conformity:

Signature: _______________________________________________________

Printed Name of Participant: _____________________________________

Date: ____________________________________________________________

{To be signed by the Parent or Legal Guardian of participant if

participant is below 18 years old:}

I represent that I am the parent (or legal guardian) of the minor who has signedthe above Contestant Release Agreement and I hereby agree that we shall both be

bound thereby. I hereby give my express consent to the execution thereof and willnot revoke my consent thereto at any time hereafter.

Signature: ___________________________________________________________

Printed Name of Parent/Guardian: _____________________________________

Date: ________________________________________________________________

{ If the person signing the Waiver and Release is represented by a talent

manager this Waiver and Release must be signed by the Manager:} 

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I represent that I am the Manager of participant and I hereby agree that we shallboth be bound thereby.

Signature: _________________________________________________________

Printed Name of Manager: ___________________________________________

Date: _______________________________________________________________

[the voice(season 2)waiver and release]