FIRST STAGE PRODUCTION TERMS AND CONDITIONS

Thank you for your interest in applying to be part of REALITY Studios VTuber Program!

REALITY Studios, Inc. (“REALITY Studios”, “us”, “we”, “our”) is hosting auditions for individuals that would like to participate in REALITY Studios VTuber Program (“Auditions”). These Terms and Conditions (“Terms”) govern the submission of your application for Auditions, the audition process, and the rights and obligations of yourself and GREE with respect to any content that you submit as part of your application for Auditions (“Content”).

BY SUBMITTING AN APPLICATION, YOU AGREE TO THESE TERMS, WHICH INCLUDE LIMITATIONS OF YOUR RIGHTS AND REMEDIES, INCLUDING AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE AUDITIONS, APPLICATION PROCESS, OR THESE TERMS TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU DO NOT AGREE TO THESE TERMS DO NOT SUBMIT AN AUDITION APPLICATION. SUBMITTING AN APPLICATION DEMONSTRATES YOUR AGREEMENT TO THESE TERMS.

If you have any questions about the application process, please contact fsp-audition-en@gree.net

  1. APPLICATION PERIOD. We will be accepting applications during the application period set forth in the relevant Requirement section of REALITY Studios’ webpage for the relevant Audition (the “Application Period”). Any applications received after the Application Period will not be considered by REALITY Studios.
  2. ELIGIBILITY. The Auditions are open only to individuals who fit the eligibility criteria set forth in the relevant Requirement section of REALITY Studios’ webpage for the relevant Audition.
    For the application, you are not required to have your own VTuber avatar.
  3. HOW TO SUBMIT AN APPLICATION. 
    • Meet the eligibility requirements set forth above.
    • Complete the application form on REALITY Studio’s webpage for the relevant Audition. Applications will only be accepted during the Application Period. There is no application fee.  Must apply online.
    • Only one (1) application may be submitted during the Application Period. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of REALITY Studios. Applications that are submitted multiple times in violation of this section will be rejected.
    • Applications that are incomplete or do not adhere to these Terms may be disqualified at the sole discretion of REALITY Studios.
    • You must provide us with accurate contact information so we can reach you if you have submitted a successful application.
  4. AUDITION PROCESS AND RESULTS
    • Successful applicants will be contacted within approximately one (1) month after the Application Period with additional instructions on next steps, including interview and test dates (“Audition Period”). If we do not hear from you within five (5) days from being notified, REALITY Studios may disqualify your application.
    • Being selected to participate in the audition process does not guarantee you will be selected to participate in the REALITY Studios VTuber Program.
    • We will not return or provide any documents submitted as part of your application including during the Audition Period.
    • You are responsible for paying any expenses and costs, such as transportation, incurred during the Audition Period.
    • Each applicant participating in the Auditions may be required, in REALITY Studios’ sole discretion, to complete, sign, have notarized (if applicable), and return certain non-disclosure agreements, affidavits or liability releases (unless prohibited by law), tax documents, media releases and other related documentation, if applicable (collectively, “Documentation”), which may require applicants to provide taxpayer identification number (or an equivalent identification number, unless prohibited by law) and a copy of a government-issued identification or number. The Documentation, if applicable, must be received by REALITY Studios within the time frame as stated in the Documentation or as otherwise notified by REALITY Studios. If any Auditions-related communication are returned as undeliverable, that selected applicant may be disqualified in REALITY Studios’ sole discretion. REALITY Studios reserves the right to modify the notification procedures in connection with the Auditions.
  5. REALITY STUDIOS VTUBER PROGRAM
    • REALITY Studios will contact applicants selected to participate in the REALITY Studios VTuber Program via email. If selected, you may be required to complete, sign, have notarized (if applicable), and return the Documentation, including certain assignment and license agreements. All decisions of REALITY Studios regarding this VTuber Program and Auditions are final and binding in all respects and there shall be no right of appeal.
    • If you agree to participate in the REALITY Studios VTuber Program, you must acknowledge your understanding and compliance with all laws, regulations and guidance applicable to your activities as a VTuber, including, but not limited to the U.S. Federal Trade Commission’s (“FTC”) Guides Concerning Endorsements and Testimonials and additional guidance from the FTC, Canada’s Competition Act, the Canadian Code of Advertising Standards, the Disclosure Guidelines by Ads Standards Canada’s Influencer Marketing Steering Committee, and other applicable guidelines and interpretations by Ads Standards Canada and the Competition Bureau of Canada. At a minimum, you must comply with the following:
      • Disclose Connection to Companies:  In all content you create and deliver as part of the REALITY Studios VTuber Program, you must clearly disclose your “material connection” with REALITY Studios and the companies, products and services you endorse (“Companies”), including the fact that you were afforded any consideration, were provided with certain experiences, were paid for a particular service, given benefits or incentives, such as monetary compensation, loaner products, free products or services, in-kind gifts or special access privileges, to produce, share or promote any content.
      • Use Clear and Prominent Disclosures:  The above disclosure in your content, as described in (i) above, shall be made in close proximity to any statements made about the Companies or the Companies’ products, services or events. This disclosure shall be clear and prominent enough for consumers to view it when they are seeing or reading the content. Disclosures shall not be buried behind links or in the Terms and Conditions (or in similar documents) or in a long list of hashtags at the end of a post nor shall consumer be required to click on, scroll down or mouse over a link in order to view the disclosure. Disclosure should be presented prominently at the beginning of the content, and should be made in the same language as the language of the endorsement.
      • Give Your Honest and Truthful Opinions:  All content you create and deliver as part of REALITY Studios VTuber Program must always reflect your honest and truthful opinions and actual experiences.
      • Only Make Factual Statements That Are Truthful and Can Be Verified:  You shall only make factual statements about the Companies or the characteristics, quality, performance of the Companies’ products, services and events which you know for certain are true and can be verified and for which you have evidentiary support.
    • You must also comply with social media platforms’ terms and conditions regarding advertising, promotions, and endorsements, as applicable to you.
    • Failure to comply with the above rules may result in termination of your participation in our program at REALITY Studios’ sole discretion.
  6. ADDITIONAL DISCLAIMERS.
    • To the extent permitted by applicable law, REALITY Studios is not responsible and/or liable for any of the following: applications submitted by illegitimate means or applications submitted in excess of any stated limits; any lost, late, incomplete, illegible, mutilated, or misdirected email, mail, or Auditions-related correspondence, materials or Content; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Terms, in any Auditions-related materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections. . If for any reason your application or Content is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is to submit another application consistent with these Terms. REALITY Studios reserves the right to cancel, suspend and/or modify these Terms, the Auditions, or any part of it, if any fraud, technical failures or any other factor beyond REALITY Studio’s reasonable control impairs the integrity or proper functioning of the Auditions or application process, as determined by REALITY Studios in its sole discretion.
    • By submitting an application and participating in the Auditions, the applicant acknowledges that individuals selected to participate in the REALITY Studios VTuber Program will be independent contractors and not employees, agents, representatives, joint venturers or partners of REALITY Studios. Nothing in these Terms or in the application for Auditions, whether express or implied, shall be interpreted or construed as creating or establishing the relationship of employer and employee between REALITY Studios and any applicant.
    • By submitting an application and participating in the Auditions, the applicant agrees on behalf of the applicant and the applicant’s represented company or institution to release, discharge, indemnify and hold harmless REALITY Studios from all liability for any injury, loss or damage, due in whole or part, directly or indirectly, to applicant’s participation in the application or Auditions, including without limitation legal claims, costs (including reasonable attorney’s fees), injuries, losses or damages, demands or actions of any kind. NOTWITHSTANDING THE FOREGOING, THE INDEMNIFICATION OBLIGATION STATED ABOVE SHALL BE LIMITED TO CASES IN WHICH APPLICANT BREACHES THESE TERMS, OR AS A RESULT OF APPLICANT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FOR RESIDENTS OF JURISDICTIONS AS REQUIRED BY APPLICABLE LAW.
    • REALITY STUDIOS MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS APPLICATION PROCESS, AUDITIONS OR SELECTIONS, OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE VTUBERS PROGRAM OR ANY INFORMATION OR MATERIALS PROVIDED BY REALITY STUDIOS AS A PART OF THIS PROCESS AND THE VTUBERS PROGRAM. ANY ATTEMPT BY AN APPLICANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS VTUBERS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, REALITY STUDIOS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH APPLICANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  7. GENERAL RULES:
    • As part of your application or the audition process, you will be required to submit your Content. REALITY Studios is not responsible or liable for any dispute regarding any Content submitted by you, or ownership of or intellectual property rights in the Content. You represent and warrant that (i) all Content (including any avatars) submitted by you to REALITY Studios shall be original to you and free from any third party intellectual property or proprietary rights (including right of publicity/publicity), (ii) you own all right, title, and interest in and to such Content (including any avatars), and (iii) you have the full right and authority to grant and permit REALITY Studios to the right to use such Content (including any avatars) consistent with these Terms. As between REALITY Studios and you, you shall retain ownership of all intellectual property rights in and to the Content. By submitting an application and/or participating in the Auditions, you grant REALITY Studios a worldwide, non-exclusive, royalty-free, sublicensable right and license to use, reproduce, modify, distribute, publicly perform, create derivative works, and otherwise exploit (in whole or in part) any Content and your name, image, voice, personality and likeness as featured in any Content (including any avatar), including, without limitation, the right to edit, use, re-use, translate, adapt, combine with other images, videos, photographs, and recordings, publish, and re-publish (in whole or in part) or commercialize, for any purpose, including, without limitation, in print, on the internet, and all other forms of media now known or hereinafter invented or devised, including on REALITY Studios’ official websites, social media, other digital channels. You also agree to irrevocably waive, and to never assert, any moral rights in the Content.
    • REALITY Studios has no obligation to use any Content (or any avatar). Each Applicant hereby releases REALITY Studios from any and all claims, demands, and liabilities whatsoever, including without limitation publicity rights and/or defamation, in connection with REALITY Studios’ or its licensee’s use of the Content (or avatar) in accordance with these Terms, including their combined, assembled and/or edited versions. Without limiting the foregoing and to the maximum extent permitted by law, you hereby waive all rights you may have under California Civil Code Section 1542, which reads as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.”
    • By submitting the Content, you represent and warrant to REALITY Studios that the Content does not:
      1. Infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity,
      2. Include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to REALITY Studios, or any third party,
      3. Disclose any information which would constitute a violation of any confidentiality obligation or disclosure of a trade secret, or
      4. Contain any viruses, Trojan horses, worms, time bombs, cancel bots or any other software programming routines that are intended to damage, detrimentally interfere with, or expropriate any of REALITY Studios’ systems, networks, procedures or data.
    • REALITY Studios reserves the right, in its sole discretion, to reject any applications that REALITY Studios believes have attempted to tamper with or impair the administration, security, or fairness of the Auditions or the application process or any applicant who acts in violation of these Terms or in an unsportsmanlike or disruptive manner. REALITY Studios’ delay, failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision.
    • The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
    • If any person supplies false information, submits applications by fraudulent means or is otherwise determined to be in violation of these Terms, REALITY Studios may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.
    • Except where prohibited by law, as a condition of participating in the Auditions, each applicant agrees that any and all disputes and causes of action arising out of or connected with the Auditions or application process shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”), and held at the AAA regional office nearest New York City, New York. This agreement to arbitrate arises under and is subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction in commerce. The Federal Arbitration Act shall govern the arbitration arrangement, its interpretation and its enforcement. Each applicant waives all rights to claim punitive, incidental, equitable or consequential damages, or any other damages, including attorneys’ fees, other than his or her actual out-of-pocket expenses (i.e., costs associated with participating in Auditions), and each applicant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of applicants and REALITY Studios in connection with the Auditions, will be governed by, and construed in accordance with, the substantive laws of the State of New York, U.S.A., without regard to New York choice of law rules.
    • These terms, together with any documents incorporated by reference herein, contain the entire agreement and understanding between REALITY Studios and any individuals who apply or are selected for Auditions with respect to the subject matter of these Terms, and supersede all prior agreements or understandings between these parties, whether oral or written, express or implied.
  8. PRIVACY. Any personal information submitted by you, either through the application, in your Content, or by participating in the audition process, is subject to REALITY Studios’ Privacy Notice posted at Privacy Policy. As a condition of entering your application, each applicant gives consent for REALITY Studios to collect, use and disclose his or her name, address and other personal information to third parties for the purpose of administering this application process and Auditions, and to comply with applicable laws, regulations and rules, in accordance with REALITY Studios’ Privacy Notice. Any information you provide to REALITY Studios may be used to communicate with applicant in relation to this application process, Auditions or selections.
  9. CONTACT US. In case of complaints or disputes send an email to fsp-audition-en@gree.net . This Audition is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, YouTube, Twitch, TikTok, or any other social media platform.
CONTACT