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Pickleball Paddle Battle Terms & Conditions

Pickleball Paddle Battle
Eligibility Requirements and Terms of Participation

 

These Eligibility Requirements and Terms of Participation (collectively, the "Eligibility Requirements") apply to your participation in the Pickleball Paddle Battle tournament and videocast (the “Program”) produced by Pickleball Kingdom Productions, LLC (“Production Company”), and each of its affiliates and subsidiaries, the successors of each of the foregoing, and each of their respective agents, licensees, and assigns.  By registering to take part in the Program, you agree to be bound by these Eligibility Requirements.  The Eligibility Requirements are subject to change by the Production Company in its sole discretion:

  1. You must be legally present in the United States, with the unrestricted right to work for any U.S. employer and to live in the United States and you must be eligible to accept the prize1, if awarded.

  2. You must be available to be in Chandler, AZ, for the entirety of September 16 – September 24, 2023, for filming.  Production Company will cover the costs of travel and hotel.

  3. You must provide Production Company with any documentation or proof that Producer requires to confirm the foregoing.

  4. You must be at least eighteen (18) years of age by July 19, 2023. All applicants who meet this criterion, including all persons significantly older than eighteen (18) years of age, are welcome and encouraged to apply to be a participant.

  5. You must not now be a candidate for public office and must agree not to become a candidate for public office until one (1) year after the initial broadcast or other exhibition of the final episode of the Program in which you appear, if selected as a participant. If there is any change in this representation, you must immediately notify Production Company.

  6. You must voluntarily submit to and complete a background check, in accordance with applicable laws and execute all documents required by Production Company in connection with such background check.

  7. By accepting an invitation to be a participant, you agree to timely complete and return the Pickleball Paddle Battle Participant Agreement and Pickleball Paddle Battle Release and Waiver and all exhibits, schedules and attachments thereto that may be furnished to you by the Production Company.  Those agreements and waivers are also applicable to your participation in the Program.  Additionally, any offer to become a participant may be conditioned upon your submission to examinations to be conducted in Chandler, Arizona, by medical professionals selected by and paid for by the Production Company and the certification of the medical professionals that you meet all physical and psychological requirements.

  8. By submitting your application, you hereby irrevocably grant permission to Production Company in perpetuity, a worldwide, non-exclusive, royalty-free, fully paid up license to reproduce, display, exhibit, publish, broadcast, distribute, and otherwise use, and permit others to use, your name, image, nickname, initials, symbols, likeness, signature, photograph, voice, statements, biographical material, and any and all attributes of your personality and appearance (collectively, your “Identity”) in materials created in connection with your application and accompanying materials (collectively, the “Materials”), alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation on broadcast or cable television, websites owned by or affiliated with the Production Company, on third-party websites (including streaming sites like Hulu, Netflix, Paramount+, Disney+, Max, and ESPN.com), in social media channels (e.g., Facebook, Instagram, Twitter, Threads, and TikTok), and in public relations materials. You acknowledge that the Production Company has no obligation to use the Materials or your Identity. You agree that no further approval is required for the Production Company to use any Materials or your Identity and that the Production Company will not be liable to you for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Materials or your Identity. You acknowledge that all right, title, and interest in and to the Materials, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of Pickleball Kingdom Productions, LLC and that the Production Company has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials.

  9. By submitting your application, you acknowledge and agree that to the extent you have participated in the creation of the Materials, all results and proceeds of your participation, including the Materials (collectively, the “Results and Proceeds”) shall be considered “work made for hire” (as that term is used in the U.S. Copyright Act) for the Production Company, and Production company shall, therefore, be deemed the owner of all copyrights and all other rights in and to the Results and Proceeds from inception, and shall have the right to copyright the same. In the event the Results and Proceeds, or any portion thereof, are for any reason deemed not to have been “work made for hire,” you hereby grant, assign and transfer to Pickleball Kingdom Productions, LLC any and all right, title and interest you may have in and to the Results and Proceeds, including the copyright. You also hereby waive any and all claims that you may now or hereafter have in any jurisdiction to so-called “moral rights” or “droits morals.” You agree to execute such further instruments as the Production Company may from time to time deem necessary or desirable to evidence, establish, maintain and protect Pickleball Kingdom Productions, LLC’s ownership of the Results and Proceeds, and all other right, title and interest therein. If you are unable or unwilling to perform such acts, then you hereby appoint Pickleball Kingdom Productions, LLC as your attorney-in-fact with full power and authority to execute any and all documents and take such other action as is necessary to accomplish the foregoing. The foregoing power of attorney shall be coupled with an interest and shall be irrevocable. You acknowledge and agree that no further payment or consideration will be due to you for the Production Company’s use of the Materials, or your Identity as authorized herein.

  10. By submitting your application, with regard to Production Company’s exploitation of the rights granted hereunder (including, without limitation, the use of the Materials or your Identity in any advertising, promotional, or marketing materials), you, on your own behalf and on behalf of your heirs, executors, administrators and assigns, hereby irrevocably (a) release, discharge and waive all claims, demands, losses and liabilities of any nature against the Licensees that you, your heirs, executors, administrators and assigns had, now have, or hereafter may have, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like, and (b) covenant not to make any claims against the Production Company.

  11. If you are selected as a participant, you must be willing to compete as a Pickleball professional player and travel to various locations in the United States during the next year.

  12. You may not participate in the Program if your participation would create impropriety or the appearance of impropriety. In making this determination, Production Company will consider whether you nor any of your immediate family members or anyone living in your household may be or have been within the past two (2) years employees, officers, directors or agents of the Production Company or any person or entity involved in the development, production, distribution or other exploitation of the Program. In addition, Producer reserves the right to render ineligible any person that Producer determines, in its sole discretion, is sufficiently connected with the production, administration, judging, or distribution of the Program such that his or her participation in the Program could create the appearance of impropriety.

  13. Participants will be chosen to participate from among all eligible participants who apply online via the Pickleball Paddle Battle portal.  Elite players will be selected to advance to online interviews based on their past tournament finishes, player rankings, and personality.  The sixteen (16) applicants that are deemed to have the greatest ability to compete at the highest level and have the most engaging personalities to grow the sport will be chosen to compete against each other in the Program. Participants will compete in mixed pair elimination matches until a mixed pair is crowned our champions and future Pickleball Pros. 

  14. Tournament winners on the Program will compete for one year as Pickleball Kingdom Pros.  Production Company will pay for about twenty (20) events’ (may be more or less) entry fees, reasonable coach travel (booked more than one week in advance) and reasonable accommodation expenses, and a per diem food allowance.  The Production Company, at its sole discretion, will determine what constitutes reasonable expenses and costs.  All other expenses, costs, taxes, or fees will be the sole responsibility of the tournament winners.  Additionally, two (2) winners will be chosen from all contestants on the Program to receive Pickleball Kingdom franchise opportunities.  Franchise opportunity winners will be determined by the audience or other popular votes for contestants on the Program, subject to final determination by Production Company on suitability based on these Eligibility Requirements.  Franchise opportunity winners will be entitled to the waiver of any franchise fees in connection with their submission of a franchise application to the Production Company for the award of a Pickleball Kingdom franchise.  All other costs of the buildout and operation of a franchise, including without limitation, facility, operations, and labor costs, are excluded, and franchise opportunity winners must satisfy all other requirements applicable to the award of the franchise. Franchise opportunity must be activated within five (5) years of notice of prize receipt.

  15. The foregoing Eligibility Requirements may be amended, revised or changed at any time and in any fashion in the Production Company’s sole discretion.

1 Satisfaction of this Eligibility Requirement pertains solely to the applicant's receipt of prizes (if any) that may be awarded by Production Company. 

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